PRINTER'S NO. 1814
No. 1501 Session of 2005
INTRODUCED BY VEON, MAY 2, 2005
REFERRED TO COMMITTEE ON JUDICIARY, MAY 2, 2005
AN ACT
1 Amending the act of June 24, 1937 (P.L.2045, No.397), entitled,
2 as amended, "An act relating to the support of indigent
3 persons; providing for the support of such persons by certain
4 relatives, and for the recovery of public moneys expended for
5 care and assistance from the property and estates of certain
6 persons; providing for guardians of the person and property
7 of such persons; providing for the arrest and seizure and
8 sale of the property of deserters; and providing procedure,"
9 further providing for property of persons liable for expenses
10 incurred for support and assistance.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 4 of the act of June 24, 1937 (P.L.2045,
14 No.397), known as The Support Law, amended June 7, 1993 (P.L.84,
15 No.17), is amended to read:
16 Section 4. Property of Persons Liable for Expenses Incurred
17 for Support and Assistance.--(a) Except as limited by
18 subsection (c) hereof, the personal property of any person shall
19 be liable for the expenses of his support, maintenance,
20 assistance and burial, and for the expenses of the support,
21 maintenance, assistance and burial of the spouse and
1 unemancipated minor children of such property owner, incurred by
2 any public body or public agency, if such property was owned
3 during the time such expenses were incurred, or if a right or
4 cause of action existed during the time such expenses were
5 incurred from which the ownership of such property resulted. Any
6 public body or public agency may sue the owner of such property
7 for moneys so expended, and any judgment obtained shall be a
8 lien upon the said estate of such person and be collected as
9 other judgments, except as to the real and personal property
10 comprising the home and furnishings of such person.
11 (b) Except as limited by subsection (c) hereof, any claim
12 for the expenses of support, maintenance, assistance and burial
13 of a person and for the support, maintenance, assistance and
14 burial of his spouse and unemancipated minor children, held by
15 any public body or public agency, shall have the same force and
16 effect against the real and personal estate of a deceased person
17 as other debts of a decedent, and shall be ascertained and
18 recovered in the same manner.
19 (c) No lien may be imposed against the real property which
20 is the primary residence of any individual or of his spouse on
21 account of assistance paid or to be paid on his behalf (except
22 pursuant to the judgment of a court on account of benefits
23 incorrectly paid on behalf of such individual)[, and there shall
24 be no adjustment or recovery from such individual's estate or
25 from the estate of his spouse of any assistance correctly paid
26 on behalf of such individual].
27 (d) In order to carry out the purposes of this section, the
28 department shall have a first lien upon the proceeds of any
29 cause of action that existed during the time an individual, his
30 spouse, or his unemancipated children received cash assistance.
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1 Unless otherwise directed by the department, no payment or
2 distribution shall be made to a claimant or claimant's designee
3 of the proceeds of any action, claim or settlement where the
4 department has an interest without first satisfying or assuring
5 the satisfaction of the interest of the Commonwealth. Any person
6 who, after receiving notice of the department's interest,
7 knowingly fails to comply with the obligations established under
8 this subsection shall be liable to the department, and the
9 department may sue and recover from the person.
10 Section 2. This act shall take effect immediately.
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