senate Bill S311C

2013-2014 Legislative Session

Requires applicants for public assistance to be fully informed that they may be liable to reimburse the state for benefits received

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.396
Apr 24, 2014 print number 311c
amend and recommit to social services
Jan 14, 2014 print number 311b
amend and recommit to social services
Jan 08, 2014 referred to social services
Jun 21, 2013 committed to rules
Jun 12, 2013 amended on third reading 311a
Mar 05, 2013 advanced to third reading
Mar 04, 2013 2nd report cal.
Feb 28, 2013 1st report cal.143
Jan 09, 2013 referred to social services

Votes

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Apr 29, 2014 - Social Services committee Vote

S311C
4
1
committee
4
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: Apr 29, 2014

nay (1)
aye wr (1)

Feb 28, 2013 - Social Services committee Vote

S311
3
1
committee
3
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 28, 2013

nay (1)
aye wr (2)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S311 - Bill Details

See Assembly Version of this Bill:
A9317A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §110-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6569
2009-2010: A8873A

S311 - Bill Texts

view summary

Requires applicants for public assistance to be fully informed, orally and in writing, that they may be liable to reimburse the state for benefits received; requires an informed acknowledgment form to be signed by the applicant and kept in the applicant's file.

view sponsor memo
BILL NUMBER:S311

TITLE OF BILL:
An act
to amend the social services law, in relation to providing notice to
applicants of potential liability for public assistance benefits

PURPOSE OR GENERAL IDEA OF BILL:
Directs the Office of Temporary and
Disability Assistance to inform, both orally and in writing,
applicants for either public assistance that they may be liable to
reimburse the state for benefits received.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends the Social Services Law by adding a new section
110-b. Requires an applicant to be informed,
both orally and in writing, that he or she may be liable to reimburse
the state for public assistance benefits received. The applicant
shall sign an acknowledgement form, separate and apart from the
application for such benefits, provided by the OTDA and the local
department shall keep such acknowledgement form in such applicant's
file.

JUSTIFICATION:
Applicants need to know that they may be liable to
reimburse the state for public assistance benefits received. By
having this separate notice given, it provides clear and informed
consent to the applicant for receipt of such benefits.

EXISTING LAW:
None.
PRIOR LEGISLATIVE HISTORY:

2012: S.6569 - Referred to Social Services/A.461 Died on Third
Reading Calendar 330
2011: A.461 - Passed Assembly

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after
it shall have become a law.

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

                                   311

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to providing notice
  to applicants of potential liability for public assistance benefits

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

  Section  1. The social services law is amended by adding a new section
110-b to read as follows:
  S 110-B. RECOVERY FROM A PERSON DISCOVERED TO  HAVE  PROPERTY;  NOTICE
AND  INFORMED  CONSENT.   NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
THE  CONTRARY,  AN  APPLICANT  FOR  PUBLIC  ASSISTANCE  SHALL  BE  FULLY
INFORMED,  ORALLY  AND IN WRITING, THAT HE OR SHE MAY BE LIABLE TO REIM-
BURSE THE STATE FOR PUBLIC ASSISTANCE BENEFITS RECEIVED, AS PROVIDED FOR
IN THIS  TITLE.  SUCH  APPLICANT  SHALL  SIGN  AN  ACKNOWLEDGMENT  FORM,
PROVIDED  BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SEPARATE
FROM OTHER APPLICATION-RELATED FORMS, AND  THE  LOCAL  DEPARTMENT  SHALL
KEEP SUCH ACKNOWLEDGMENT FORM IN SUCH APPLICANT'S FILE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01004-01-3

Co-Sponsors

S311A - Bill Details

See Assembly Version of this Bill:
A9317A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §110-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6569
2009-2010: A8873A

S311A - Bill Texts

view summary

Requires applicants for public assistance to be fully informed, orally and in writing, that they may be liable to reimburse the state for benefits received; requires an informed acknowledgment form to be signed by the applicant and kept in the applicant's file.

view sponsor memo
BILL NUMBER:S311A

TITLE OF BILL: An act to amend the social services law, in relation
to providing notice to applicants of potential liability for public
assistance benefits

PURPOSE OR GENERAL IDEA OF BILL: Directs the Office of Temporary and
Disability Assistance to inform, both orally and in writing,
applicants for public assistance that they may be liable to reimburse
the state for benefits received.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the social services law by adding a new section,
110-b. Requires an applicant for public assistance to be informed both
orally and in writing that he or she may be liable to reimburse the
state for public assistance benefits received. Provides that the
applicant shall sign an acknowledgement form, separate and apart from
the application for such benefits and that such acknowledgement form
shall be provided by the department. Requires the local department to
keep such acknowledgement form in the applicant's file. States that
the local social services district is not prevented from maintaining
its records electronically.

EXISTING LAW: None

JUSTIFICATION: Applicants need to know that they may be liable to
reimburse the state for public assistance benefits received. By having
this separate notice given, it provides clear and informed consent to
the applicant for receipt of such benefits.

PRIOR LEGISLATIVE HISTORY: 2013: S.311 A-Amended on 3rd Rdg
Cal./A.547A-Amended on 3rd Rdg Cal 2012: New Bill/A.461 Advanced to
Third Reading Calendar 330 2011: A.461 Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: June 30th, 2014

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

                                 311--A
    Cal. No. 143

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. DIAZ, AVELLA, ESPAILLAT, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social  Services -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the social services law, in relation to providing notice
  to applicants of potential liability for public assistance benefits

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

  Section 1. The social services law is amended by adding a new  section
110-b to read as follows:
  S  110-B.  RECOVERY  FROM A PERSON DISCOVERED TO HAVE PROPERTY; NOTICE
AND INFORMED CONSENT.  NOTWITHSTANDING ANY LAW, RULE  OR  REGULATION  TO
THE  CONTRARY,  AN  APPLICANT  FOR  PUBLIC  ASSISTANCE  SHALL  BE  FULLY
INFORMED, ORALLY AND IN WRITING, THAT HE OR SHE MAY BE LIABLE  TO  REIM-
BURSE THE STATE FOR PUBLIC ASSISTANCE BENEFITS RECEIVED, AS PROVIDED FOR
IN  THIS  TITLE.  SUCH  APPLICANT  SHALL  SIGN  AN  ACKNOWLEDGMENT FORM,
PROVIDED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,  SEPARATE
FROM  OTHER  APPLICATION-RELATED  FORMS,  AND THE LOCAL DEPARTMENT SHALL
KEEP SUCH ACKNOWLEDGMENT FORM IN SUCH APPLICANT'S FILE. NOTHING IN  THIS
SECTION  SHALL  BE  DEEMED TO PREVENT THE LOCAL SOCIAL SERVICES DISTRICT
FROM MAINTAINING ITS RECORDS ELECTRONICALLY.
  S 2. This act shall take effect on June 30, 2014.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01004-03-3

Co-Sponsors

S311B - Bill Details

See Assembly Version of this Bill:
A9317A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §110-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6569
2009-2010: A8873A

S311B - Bill Texts

view summary

Requires applicants for public assistance to be fully informed, orally and in writing, that they may be liable to reimburse the state for benefits received; requires an informed acknowledgment form to be signed by the applicant and kept in the applicant's file.

view sponsor memo
BILL NUMBER:S311B

TITLE OF BILL: An act to amend the social services law, in relation
to providing notice to applicants of potential liability for public
assistance benefits

PURPOSE OR GENERAL IDEA OF BILL: Directs the Office of Temporary and
Disability Assistance to inform, both orally and in writing,
applicants for either public assistance that they may be liable to
reimburse the state for benefits received.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the Social Services Law by adding a new section
110-b. Requires an applicant to be informed, both orally and in
writing, that he or she may be liable to reimburse the state for
public assistance benefits received. The applicant shall sign an
acknowledgement form, separate and apart from the application for such
benefits, provided by the OTDA and the local department shall keep
such acknowledgement form in such applicant's file. Provides that the
local social services district is not prevented from keeping its
records electronically.

JUSTIFICATION: Applicants need to know that they may be liable to
reimburse the state for public assistance benefits received. By having
this separate notice given, it provides clear and informed consent to
the applicant for receipt of such benefits.

EXISTING LAW: None

PRIOR LEGISLATIVE HISTORY: 2013: S.311A-Amended on Third Reading
Calendar/A.547A- Amended on Third Reading Calendar 2012: S.6569 -
Referred to Social Services/A.461 Died on Third Reading Calendar 330
2011: A.461 - Passed Assembly

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on June 30th, 2015.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 311--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. DIAZ, AVELLA, ESPAILLAT, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social  Services -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- recommitted to the Committee on Social Services in accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the social services law, in relation to providing notice
  to applicants of potential liability for public assistance benefits

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

  Section  1. The social services law is amended by adding a new section
110-b to read as follows:
  S 110-B. RECOVERY FROM A PERSON DISCOVERED TO  HAVE  PROPERTY;  NOTICE
AND  INFORMED  CONSENT.   NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO
THE  CONTRARY,  AN  APPLICANT  FOR  PUBLIC  ASSISTANCE  SHALL  BE  FULLY
INFORMED,  ORALLY  AND IN WRITING, THAT HE OR SHE MAY BE LIABLE TO REIM-
BURSE THE STATE FOR PUBLIC ASSISTANCE BENEFITS RECEIVED, AS PROVIDED FOR
IN THIS  TITLE.  SUCH  APPLICANT  SHALL  SIGN  AN  ACKNOWLEDGMENT  FORM,
PROVIDED  BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, SEPARATE
FROM OTHER APPLICATION-RELATED FORMS, AND  THE  LOCAL  DEPARTMENT  SHALL
KEEP  SUCH ACKNOWLEDGMENT FORM IN SUCH APPLICANT'S FILE. NOTHING IN THIS
SECTION SHALL BE DEEMED TO PREVENT THE LOCAL  SOCIAL  SERVICES  DISTRICT
FROM MAINTAINING ITS RECORDS ELECTRONICALLY.
  S 2. This act shall take effect on June 30, 2015.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01004-04-4

Co-Sponsors

S311C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9317A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Add §110-b, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S6569
2009-2010: A8873A

S311C (ACTIVE) - Bill Texts

view summary

Requires applicants for public assistance to be fully informed, orally and in writing, that they may be liable to reimburse the state for benefits received; requires an informed acknowledgment form to be signed by the applicant and kept in the applicant's file.

view sponsor memo
BILL NUMBER:S311C

TITLE OF BILL: An act to amend the social services law, in relation
to providing notice to applicants of potential liability for public
assistance benefits

PURPOSE OR GENERAL IDEA OF BILL:

Directs the Office of Temporary and Disability Assistance to inform,
both orally and in writing, applicants for either public assistance
that they may be liable to reimburse the state for benefits received.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the Social Services Law by adding a new section
110-b. Requires an applicant to be informed, both orally and in
writing, that he or she may be liable to reimburse the state for
public assistance benefits received. The applicant shall sign an
acknowledgement form, separate and apart from the application for such
benefits, provided by the OTDA and the local department shall keep
such acknowledgement form in such applicant's file. States that the
production of such from shall not be required for the recovery of
benefits. Provides that the local social services district is not
prevented from keeping its records electronically.

JUSTIFICATION:

Applicants need to know that they may be liable to reimburse the state
for public assistance benefits received. By having this separate
notice given, it provides clear and informed consent to the applicant
for receipt of such benefits.

EXISTING LAW:

None

PRIOR LEGISLATIVE HISTORY:

2014: S.311B-Amended and recommitted to Social Services/A.9317
Referred to Social Services
2013: S.311A-Amended on Third Reading Calendar/A.547A- Amended on
Third Reading Calendar
2012: S.6569 - Referred to Social Services/A.461 Died on Third Reading
Calendar 330
2011: A.461 - Passed Assembly

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on June 30th, 2015.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 311--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. DIAZ, AVELLA, ESPAILLAT, SAMPSON -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Social  Services -- reported favorably from said committee, ordered to
  first and second report, ordered  to  a  third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- recommitted to the Committee on Social Services in accordance  with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the social services law, in relation to providing notice
  to applicants of potential liability for public assistance benefits

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

  Section 1. The social services law is amended by adding a new  section
110-b to read as follows:
  S  110-B.  RECOVERY  FROM A PERSON DISCOVERED TO HAVE PROPERTY; NOTICE
AND INFORMED CONSENT.  NOTWITHSTANDING ANY LAW, RULE  OR  REGULATION  TO
THE  CONTRARY,  AN  APPLICANT  FOR  PUBLIC  ASSISTANCE  SHALL  BE  FULLY
INFORMED, ORALLY AND IN WRITING, THAT HE OR SHE MAY BE LIABLE  TO  REIM-
BURSE THE STATE FOR PUBLIC ASSISTANCE BENEFITS RECEIVED, AS PROVIDED FOR
IN  THIS  TITLE.  SUCH  APPLICANT  SHALL  SIGN  AN  ACKNOWLEDGMENT FORM,
PROVIDED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE,  SEPARATE
FROM  OTHER  APPLICATION-RELATED  FORMS,  AND THE LOCAL DEPARTMENT SHALL
KEEP SUCH ACKNOWLEDGMENT FORM IN SUCH APPLICANT'S FILE; PROVIDED, HOWEV-
ER, THAT PRODUCTION OF SUCH FORM SHALL NOT BE REQUIRED FOR THE  RECOVERY
OF  PUBLIC  WELFARE BENEFITS. NOTHING IN THIS SECTION SHALL BE DEEMED TO
PREVENT THE LOCAL SOCIAL SERVICES DISTRICT FROM MAINTAINING ITS  RECORDS
ELECTRONICALLY.
  S 2. This act shall take effect on June 30, 2015.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01004-07-4

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