Bill Text: NY A07602 | 2019-2020 | General Assembly | Amended

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Bill Title: Provides that any funds paid to a support collection unit which have not been disbursed after two years after diligent efforts to locate the person entitled to such funds, and funds which the remitter of such funds has not provided sufficient identifying information to associate the funds with an existing account shall be paid to the state comptroller.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A07602 Detail]

Download: New_York-2019-A07602-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7602--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      May 13, 2019
                                       ___________

        Introduced  by M. of A. WEINSTEIN -- (at request of the Office of Tempo-
          rary and Disability Assistance) --  read  once  and  referred  to  the
          Committee on Social Services -- reported and referred to the Committee
          on  Ways  and Means -- reported and referred to the Committee on Rules
          -- Rules Committee discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to the Committee on Rules

        AN  ACT to amend the social services law and the abandoned property law,
          in relation to the  transfer  of  unclaimed  support  collections  and
          unidentified  payments;  and repealing certain provisions of such laws
          relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivisions 5, 6, 7, 12, 13, 14, 15, 16 and 17 of section
     2  111-h of the social services law are REPEALED, subdivisions 18,  19  and
     3  20  are renumbered subdivisions 12, 13 and 14 and three new subdivisions
     4  5, 6 and 7 are added to read as follows:
     5    5. Except as provided in subdivision six of this  section,  any  funds
     6  paid  to  a  support  collection  unit  established by a social services
     7  district which have not been  disbursed  after  two  years  of  diligent
     8  efforts to locate the person entitled to such funds shall be paid to the
     9  state  comptroller  in accordance with subdivision seven of this section
    10  unless information has been received that  is  likely  to  lead  to  the
    11  location of the person who is entitled to such funds; provided, however,
    12  where the support collection unit determines that the person entitled to
    13  the  funds  is deceased and cannot locate an estate for the person enti-
    14  tled to the funds, or the estate does not claim the  funds,  such  funds
    15  may  be  paid  to  the  state comptroller in accordance with subdivision
    16  seven of this section without two years of diligent efforts.
    17    6. Any funds paid to a support collection unit established by a social
    18  services district for which the remitter of such funds has not  provided
    19  sufficient identifying information to associate the funds with an exist-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09228-02-9
        A. 7602--A                          2

     1  ing  or  previously existing child support account, and such information
     2  cannot be determined after diligent efforts, shall be paid to the  state
     3  comptroller in accordance with subdivision seven of this section.
     4    7.  In  the  month  of April, on or before the tenth day thereof, such
     5  payment shall be delivered to the state comptroller pursuant to  section
     6  thirteen  hundred  eighteen  of the abandoned property law, and shall be
     7  accompanied by a written report, affirmed as true and accurate under the
     8  penalty of perjury, classified as the state comptroller shall prescribe,
     9  setting forth: (a) the names and last known addresses, if  any,  of  the
    10  persons  entitled  to  receive such abandoned property; (b) the title of
    11  any proceeding relating to such abandoned property; and (c)  such  other
    12  identifying information as the state comptroller may require.
    13    §  2.  Paragraph  (c) of subdivision 1 of section 600 of the abandoned
    14  property law is REPEALED.
    15    § 3. Subdivision 3 of section 602 of the  abandoned  property  law  is
    16  REPEALED.
    17    §  4.  The  abandoned  property law is amended by adding a new section
    18  1318 to read as follows:
    19    § 1318. Unclaimed spousal and child support. Any  amount  representing
    20  child  support or child and spousal support paid to a support collection
    21  unit established by a social services district which has been  delivered
    22  to  the  state  comptroller pursuant to subdivision seven of section one
    23  hundred eleven-h of the social services law shall  be  deemed  abandoned
    24  property.  On  or before the tenth day of April in each year, such aban-
    25  doned property shall be paid to  the  state  comptroller.  Such  payment
    26  shall  be  accompanied  by a verified written report in such form as the
    27  state comptroller may prescribe.
    28    § 5.  This act shall take effect immediately; provided, however,  that
    29  any  funds which were deposited with the county treasurer or the commis-
    30  sioner of finance of the city of New York  in  accordance  with  section
    31  111-h of the social services law prior to the effective date of this act
    32  shall  be delivered to the state comptroller on or before April 1, 2020,
    33  in accordance with subdivision 7 of section 111-h of the social services
    34  law, as set forth in section one of this act.