CHAPTER 564

An Act to amend and reenact §§ 68-127 and 68-191, as amended, of the
Code of Virginia, relating to liens upon property of and recovery
from estates of, certain recipients of public welfare. [H 67]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That §§ 68-127 and 63-191, as amended, 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 acknowl-
edge as deeds are acknowledged a notice showing the name of such recipi-
ent, 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 * 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 ferment 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 is docketed, indicat-
ing 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
CH. 564] ACTS OF ASSEMBLY 927

to indicate that it has been superseded.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 provi-
sions 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 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, doctors’ bills and
medical expenses not in excess of one hundred and fifty dollars. Nothing
contained herein shall affect the operation of § 63-128. ; ;

No lien which attached prior to June 30, 1954, shall be impaired by
operation of the 1954 amendment, nor shall its priority be affected.

68-191. Each local board of public welfare shall, for each recipient

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 * 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 payment 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
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 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 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 per-
sonal, 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, doctors’
bills and medical expenses not in excess of one hundred and fifty dollars.
Nothing contained herein shall affect the operation of § 63-192.

No lien which attached prior to June 30, 1954, shall be impaired by
pperation of the 1954 amendment, nor shall its priority be affected.