CHAPTER 603

An Act to amend and reenact §§ 68-127 and 63-191 of the Code of Virginia,
relating to recovery of old age assistance and aid to the blind from
the estates of the recipients.

[fH 825]

Approved April 6, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 63-127 and 63-191 of the Code of Virginia be amended and
reenacted as follows:

63-127. * Each local board of public welfare shall, for each
recipient theretofore or thereafter approved for assistance on and after
July one, nineteen hundred fifty-four, who owns real estate, prepare and
acknowledge as deeds are acknowledged a notice showing the name of
such recipient, the rate of the grant and intervals of payment and the date
of the first payment, and shall file the same in the office of the clerk of
the court in which deeds are admitted to record in the county or city in
which the real estate is located. The clerk of court shall docket this notice
as a judgment is docketed, indicating the type of assistance received, in
the current judgment lien docket, indexing it in the name of the recipient
and in the name of the local board. In the event the rate or interval of
payment of the grant shall be changed, or a portion or all of the assistance
theretofore received by the recipient shall be repaid, the local board shall
prepare, acknowledge and file in the same court a notice, showing the name
of recipient, the total of assistance theretofore received by the recipient
and not repaid, the date of the first payment thereafter, and the rate of
the grant and intervals of payment from that date. The clerk of court
shall docket this notice as a judgment ts docketed, indicating the type of
assistance received, in the current judgment lien docket, indexing it in
the name of the recipient and in the name of the local board, and shall
mark the docket where the previous notice was docketed to indicate that
it has been superseded. The clerk of the court shall receive for his
services the regular fee allowed for docketing judgments in his office and
the Welfare Department is hereby authorized to pay such fee from its
Administrative Fund. The filing of a notice under the provisions of this
section shall create a lien against all real property of the recipient lying
within the county or city wherein the notice is filed in favor of the local
board; provided, however, that no such lien shall be enforced so long as
such recipient is eligible for assistance. Upon death of any recipient, the
local board of welfare having reason to believe that such recipient died
possessed of property, either real or personal, from which reimbursement
may be had, shall file notice with the clerk of the court as hereinabove pro-
vided. The filing of such notice shall create a lien against the estate, both
real and personal, of such recipient, prior to all other claims except prior
liens and except funeral expenses not in excess of * two hundred dollars,
and except hospital bills, doctors’ bills and medical expenses not in excess
of one hundred and fifty dollars. * Nothing contained herein shall affect
the operation of § 68-128.
No lien which attached prior to the effective date of this amendment
shall be impaired by operation of this amendment, nor shall its priority
be affected.

§ 63-191. Each local board of public welfare shall, for each rectyent
theretofore or thereafter approved for aid on and after July one, nineteen
hundred fifty-four, who owns real estate, prepare and acknowledge as
deeds are acknowledged a notice showing the name of such recipient, the
rate of the grant and intervals of payment and the date of the first pay-
ment, and shall file the same in the office of the clerk of the court in which
deeds are admitted to record in the county or city in which the real estate
is located. The clerk of court shall docket this notice as a judgment is
docketed indicating the type of aid received, in the current judgment lien
docket, indexing it in the name of the recipient and in the name of the
local board. In the event the rate or interval of payment of the grant
shall be changed, or a portion or all of the aid theretofore received by the
recipient shall be repaid, the local board shall prepare, acknowledge and
file in the same court a notice, showing the name of recipient, the total of
aid theretofore received by the recipient and not repaid, the date of the
first payment thereafter, and the rate of the grant and intervals of pay-
ment from that date. The clerk of court shall docket this notice as a
judgment is docketed, indicating the type of aid received, in the current
judgment lien docket, indexing it in the name of the recipient and in the
mame of the local board, and shall mark the docket where the previous
notice was docketed to indicate that it has been superseded. The clerk of
the court shall receive for his services the regular fee allowed for docket-
ing judgments in his office and the Welfare Department is hereby author-
ized to pay such fee from its Administrative Fund. The filing of a notice
under the provisions of this section shall create a lienagainst all real prop-
erty of the recipient lying within the county or city wherein the notice 1s
filed in favor of the local board; provided, however, that no such lien shall
be enforced so long as such recipient is eligible for assistance. Upon death
of any recipient, the local board of welfare having reason to believe that
such recipient died possessed of property, either real or personal, from
which reimbursement may be had, shall file notice with the clerk of the
court as hereinabove provided. The filing of such notice shall create a lien
against the estate, both real and personal, of such recipient, prior to all
other claims except prior liens and except funeral expenses not in excess
of * two hundred dollars, and except hospital bills, doctor’s bills and
medical expenses not in excess of one hundred and fifty dollars. Nothing
contained herein shall affect the operation of § 68-192.

No lien which attached prior to the effective date of this amendment
ae be impaired by operation of this amendment, nor shall its priority

e affected.