Rpld §111-h subs 5 - 7, 12 - 17, amd §111-h, Soc Serv L; rpld §600 sub 1 ¶(c), §602 sub 3, add §1318, Ab Prop
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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.
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2 111-h of the social services law are REPEALED, subdivisions 18, 19 and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.
