Bill Text: NY S08994 | 2017-2018 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2018-06-19 - PRINT NUMBER 8994A [S08994 Detail]

Download: New_York-2017-S08994-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         8994--A
                    IN SENATE
                                      June 12, 2018
                                       ___________
        Introduced  by Sen. MURPHY -- (at request of the Office of Temporary and
          Disability Assistance) -- read twice and  ordered  printed,  and  when
          printed  to  be  committed  to  the  Committee  on  Rules -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        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     2  111-h  of  the social services law are REPEALED, subdivisions 18, 19 and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-
    20  ing or previously existing child support account, and  such  information
    21  cannot  be determined after diligent efforts, shall be paid to the state
    22  comptroller in accordance with subdivision seven of this section.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14412-03-8
        S. 8994--A                          2
     1    7. In the month of April, on or before the  tenth  day  thereof,  such
     2  payment  shall be delivered to the state comptroller and shall be accom-
     3  panied by a written report, affirmed as  true  and  accurate  under  the
     4  penalty of perjury, classified as the state comptroller shall prescribe,
     5  setting  forth:  (a)  the names and last known addresses, if any, of the
     6  persons entitled to receive such abandoned property; (b)  the  title  of
     7  any  proceeding  relating to such abandoned property; and (c) such other
     8  identifying information as the state comptroller may require.
     9    § 2. Paragraph (c) of subdivision 1 of section 600  of  the  abandoned
    10  property law is REPEALED.
    11    §  3.  Subdivision  3  of section 602 of the abandoned property law is
    12  REPEALED.
    13    § 4.  The abandoned property law is amended by adding  a  new  section
    14  1318 to read as follows:
    15    §  1318.  Unclaimed spousal and child support. Any amount representing
    16  child support or child and spousal support paid to a support  collection
    17  unit  established by a social services district which has been delivered
    18  to the state comptroller pursuant to subdivision seven  of  section  one
    19  hundred  eleven-h  of  the social services law shall be deemed abandoned
    20  property. On or before the tenth day of April in each year,  such  aban-
    21  doned  property  shall  be  paid  to the state comptroller. Such payment
    22  shall be accompanied by a verified written report in such  form  as  the
    23  state comptroller may prescribe.
    24    §  5.  This act shall take effect immediately; provided, however, that
    25  any funds which were deposited with the county treasurer or the  commis-
    26  sioner  of  finance  of  the city of New York in accordance with section
    27  111-h of the social services law prior to the effective date of this act
    28  shall be delivered to the state comptroller in the first April following
    29  the effective date of this act, in  accordance  with  subdivision  7  of
    30  section 111-h of the social services law, as set forth in section one of
    31  this act.