Bill Text: NY S01651 | 2009-2010 | General Assembly | Introduced

New York Senate Bill 1651 (Prior Session Legislation)

Introduced

Bill Title: Increases the amount local social services districts will pay for burial expenses for indigent persons to the amount actually incurred, but not to exceed the amount established by the office of temporary and disability assistance.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO SOCIAL SERVICES [S01651 Detail]

Download: New_York-2009-S01651-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1651
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 4, 2009
                                      ___________
       Introduced  by  Sens. DILAN, ADAMS, DIAZ, DUANE, HASSELL-THOMPSON, HUNT-
         LEY, KRUEGER, MONTGOMERY, ONORATO, PARKER, SAMPSON,  SAVINO,  THOMPSON
         -- 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 burial of the
         dead
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (b) of subdivision 1 of section 141 of the social
    2  services  law, as amended by chapter 772 of the laws of 1958, is amended
    3  to read as follows:
    4    (b)  Except as otherwise provided the [public welfare] SOCIAL SERVICES
    5  district, town or city which was or  would  have  been  responsible  for
    6  furnishing  public  assistance  or  care to the person while alive shall
    7  provide for the care, removal and burial of the body of a  recipient  of
    8  public  assistance  or  care who shall die, or of a person found dead in
    9  the [public welfare] SOCIAL  SERVICES  district.    NOTWITHSTANDING  ANY
   10  INCONSISTENT  PROVISION OF LAW, THE LOCAL SOCIAL SERVICES DISTRICT SHALL
   11  MAKE PAYMENT TO PROVIDE FOR THE CARE, REMOVAL, AND BURIAL OF A RECIPIENT
   12  OF PUBLIC ASSISTANCE AND CARE WHO DIES, OR OF A PERSON FOUND DEAD IN THE
   13  SOCIAL SERVICES DISTRICT, IN AN AMOUNT WHICH SHALL EQUAL THE ACTUAL COST
   14  OF SUCH CARE, REMOVAL, AND BURIAL,  PROVIDED  HOWEVER,  THAT  THE  LOCAL
   15  SOCIAL  SERVICES  DISTRICT  SHALL  NOT  BE  REQUIRED  TO MAKE PAYMENT IN
   16  AMOUNTS APPROVED BY THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE
   17  WHICH EXCEED THE AMOUNT SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   18    S  2.  Subdivision  1  of  section  141  of the social services law is
   19  amended by adding a new paragraph (c) to read as follows:
   20    (C) IN NO CASE SHALL SUCH SOCIAL SERVICES DISTRICT PAY MORE  THAN  THE
   21  BALANCE  REMAINING  TO BE PAID AFTER THE TOTAL OF THE AMOUNTS PAID OR TO
   22  BE PAID BY ALL OTHER SOURCES, INCLUDING PAYMENTS MADE OR TO BE  MADE  BY
   23  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
       S. 1651                             2
    1  MENT OF SUCH OFFICIAL ABLE TO BEAR THE SAME, IS CREDITED TO AND DEDUCTED
    2  FROM SUCH EXPENSE.
    3    S  3.  Paragraph  (a)  of  subdivision  3 of section 141 of the social
    4  services law, as added by chapter 772 of the laws of 1958  and  subpara-
    5  graphs 1 and 2 as amended by chapter 110 of the laws of 1971, is amended
    6  to read as follows:
    7    (a)   When burial arrangements for a recipient of public assistance or
    8  care are made by relatives or friends of the deceased [and  the  expense
    9  of  such  burial  does  not  exceed  the amount fixed by the appropriate
   10  public welfare official or the  local  appropriating  body  for  similar
   11  burials in similar circumstances], such [public welfare] SOCIAL SERVICES
   12  official may[:
   13    (1)]  if such relatives or friends were required to pay the expense of
   14  such  burial  in  order  to arrange the same, wholly or partly reimburse
   15  them, from assets transferred or assigned to such social services  offi-
   16  cial  by or on behalf of the deceased recipient; but he OR SHE shall not
   17  reimburse a legally responsible relative of the deceased for any part of
   18  the amount paid by him OR HER which  in  the  judgment  of  such  social
   19  services official such relative is able to bear; nor shall such official
   20  expend  from  such  assets for such purpose more than is permitted by or
   21  pursuant to this section, other provisions of  this  chapter  and  regu-
   22  lations of the department OF FAMILY ASSISTANCE.
   23    [(2)    pay  part of the expense of such burial, if, and to the extent
   24  and under the circumstances, permitted by his local policy, which  shall
   25  not  be  inconsistent  with  this  chapter,  and  the regulations of the
   26  department; but in no case shall such social services official pay  more
   27  than  the  balance  remaining  to be paid after the total of the amounts
   28  paid or to be paid by all other sources, including payments made  or  to
   29  be  made by such legally responsible relatives of the deceased as are in
   30  the judgment of such official able to bear the same, is credited to  and
   31  deducted from such expense.]
   32    S 4.  This act shall take effect immediately.