S T A T E   O F   N E W   Y O R K
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                                  4381

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M.  of  A.  V. LOPEZ  --  Multi-Sponsored by -- M. of A.
  BROOK-KRASNY, CLARK, GLICK, GREENE, HOOPER, MAYERSOHN -- read once and
  referred to the Committee on Social Services

AN ACT to amend the social services law, in relation to  burial  of  the
  dead

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 of section 141 of the social
services law, as amended by chapter 772 of the laws of 1958, is  amended
to read as follows:
  (b)  Except as otherwise provided the [public welfare] SOCIAL SERVICES
district,  town  or  city  which  was or would have been responsible for
furnishing public assistance or care to the  person  while  alive  shall
provide  for  the care, removal and burial of the body of a recipient of
public assistance or care who shall die, or of a person  found  dead  in
the  [public  welfare]  SOCIAL  SERVICES district.   NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, THE LOCAL SOCIAL SERVICES DISTRICT  SHALL
MAKE PAYMENT TO PROVIDE FOR THE CARE, REMOVAL, AND BURIAL OF A RECIPIENT
OF PUBLIC ASSISTANCE AND CARE WHO DIES, OR OF A PERSON FOUND DEAD IN THE
SOCIAL SERVICES DISTRICT, IN AN AMOUNT WHICH SHALL EQUAL THE ACTUAL COST
OF  SUCH  CARE,  REMOVAL,  AND  BURIAL, PROVIDED HOWEVER, THAT THE LOCAL
SOCIAL SERVICES DISTRICT SHALL  NOT  BE  REQUIRED  TO  MAKE  PAYMENT  IN
AMOUNTS  APPROVED  BY  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE
WHICH EXCEED THE AMOUNT SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
  S 2. Subdivision 1 of section  141  of  the  social  services  law  is
amended by adding a new paragraph (c) to read as follows:
  (C)  IN  NO CASE SHALL SUCH SOCIAL SERVICES DISTRICT PAY MORE THAN THE
BALANCE REMAINING TO BE PAID AFTER THE TOTAL OF THE AMOUNTS PAID  OR  TO
BE  PAID  BY ALL OTHER SOURCES, INCLUDING PAYMENTS MADE OR TO BE MADE BY
SUCH LEGALLY RESPONSIBLE RELATIVES OF THE DECEASED AS ARE IN  THE  JUDG-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05022-01-9

              

A. 4381                             2

MENT OF SUCH OFFICIAL ABLE TO BEAR THE SAME, IS CREDITED TO AND DEDUCTED
FROM SUCH EXPENSE.
  S  3.  Paragraph  (a)  of  subdivision  3 of section 141 of the social
services law, as added by chapter 772 of the laws of 1958  and  subpara-
graphs 1 and 2 as amended by chapter 110 of the laws of 1971, is amended
to read as follows:
  (a)   When burial arrangements for a recipient of public assistance or
care are made by relatives or friends of the deceased [and  the  expense
of  such  burial  does  not  exceed  the amount fixed by the appropriate
public welfare official or the  local  appropriating  body  for  similar
burials in similar circumstances], such [public welfare] SOCIAL SERVICES
official may[:
  (1)]  if such relatives or friends were required to pay the expense of
such  burial  in  order  to arrange the same, wholly or partly reimburse
them, from assets transferred or assigned to such social services  offi-
cial  by or on behalf of the deceased recipient; but he OR SHE shall not
reimburse a legally responsible relative of the deceased for any part of
the amount paid by him OR HER which  in  the  judgment  of  such  social
services official such relative is able to bear; nor shall such official
expend  from  such  assets for such purpose more than is permitted by or
pursuant to this section, other provisions of  this  chapter  and  regu-
lations of the department OF FAMILY ASSISTANCE.
  [(2)    pay  part of the expense of such burial, if, and to the extent
and under the circumstances, permitted by his local policy, which  shall
not  be  inconsistent  with  this  chapter,  and  the regulations of the
department; but in no case shall such social services official pay  more
than  the  balance  remaining  to be paid after the total of the amounts
paid or to be paid by all other sources, including payments made  or  to
be  made by such legally responsible relatives of the deceased as are in
the judgment of such official able to bear the same, is credited to  and
deducted from such expense.]
  S 4.  This act shall take effect immediately.