senate Bill S899A

2011-2012 Legislative Session

Relates to the publication by the state of the receipt of unclaimed funds

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 14, 2012 referred to ways and means
delivered to assembly
passed senate
May 08, 2012 amended on third reading 899a
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.655
Jan 04, 2012 referred to finance
returned to senate
died in assembly
Jun 15, 2011 referred to ways and means
delivered to assembly
passed senate
May 18, 2011 advanced to third reading
May 17, 2011 2nd report cal.
May 16, 2011 1st report cal.653
Jan 05, 2011 referred to finance

Votes

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May 1, 2012 - Finance committee Vote

S899
33
0
committee
33
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

May 16, 2011 - Finance committee Vote

S899
29
0
committee
29
Aye
0
Nay
5
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S899 - Bill Details

See Assembly Version of this Bill:
A10185
Current Committee:
Law Section:
Abandoned Property Law
Laws Affected:
Amd §§1402 & 1416, Ab Prop L; amd §103, St Tech L
Versions Introduced in 2009-2010 Legislative Session:
S3193

S899 - Bill Texts

view summary

Relates to the publication by the state of the receipt of unclaimed funds.

view sponsor memo
BILL NUMBER:S899

TITLE OF BILL:
An act
to amend the abandoned property law and the state technology law, in
relation to unclaimed funds

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to erase
an access barrier for visually impaired New Yorkers to obtain
unclaimed funds currently being held by the State; and ensure that
New Yorkers are aware that they can obtain unclaimed directly from
the state free of charge.

SUMMARY OF SPECIFIC PROVISIONS:
Section (a) and (b) of the New York
State Abandoned Property Law §1402-01 are amended to require the
State Comptroller to include contact information for citizens to
obtain a large print copy in all publications of the unclaimed funds
owners list.

Section (d) of the New York State Abandoned Property Law
§1416-01 is amended to require contracts to obtain unclaimed funds for
owners including a notice that unclaimed funds can be obtained
directly from the state for no fee. Section 18 of New York State
Technology Law §103 is added to require the Office for Technology to
establish accessibility standards for typeface and font-size to
assist the visually impaired.

Section (a) of the New York State Abandoned Property Law §1402-01 is
removed because they are historical statutes.

Section (b) of the New York State Abandoned Property Law §1402-01 is
amended to become Section (a) and requires the September and March
publications appear in newspapers designated by the Comptroller.

Section (b) of the New York State Abandoned Property Law §1402-01 is
amended to require notice that readers may obtain a large-font print
copy of the unclaimed funds list by writing to the comptroller's
office or have a search conducted for them by calling a designated
number in a typeface and font-size established by the Office for
Technology.

Section (d) of the New York State Abandoned Property Law §1416-01 is
amended to require agreements to locate property held by the
comptroller include language stating that the funds can be obtained
directly from the comptroller without paying a fee and that the funds
will be held indefinitely.

Section 18 of the New York State Technology Law §103 is amended to
require the Office for Technology to establish accessibility
standards for typeface and font-size to assist the visually impaired
in conjunction with the Commission for the Blind and Visually
Handicapped.

JUSTIFICATION:


New Yorkers with visual impairments have difficulty
ascertaining whether they have funds being held by the New York State
Office of the State Comptroller as unclaimed. Notification of these
unclaimed funds appears in newspaper publications that typically use
a small font. As a result, many New Yorkers learn about these funds
through solicitations from private investigators. These investigators
charge a fee, typically the statutory maximum of fifteen percent, to
collect these funds without informing the owner that the state will
release these funds for free. This legislation addresses these issues
by requiring all "statements of abandoned property paid to and held
by the state" published by the Office of the State Comptroller to
include contact information in a typeface and font-size established
by Office for Technology as accessible for the visually impaired. In
addition, it requires all agreements to collect unclaimed funds
include a notice that these funds can be obtained directly from the
state without charge.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
Minimal

EFFECTIVE DATE:
Sixtieth day after it shall have become a law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   899

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the abandoned property law and the state technology law,
  in relation to unclaimed funds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of section 1402 of the abandoned property
law, as added by chapter 261 of the laws of 1978, is amended to read  as
follows:
  1. (a) [The state comptroller shall publish:
  (i)  in  an  issue  of  the  state  bulletin published in the month of
September, nineteen hundred seventy-nine or  in  a  September,  nineteen
hundred  seventy-nine issue of another publication selected by the comp-
troller, a statement of abandoned property paid to and held by the state
for the period beginning on June first, nineteen  hundred  seventy-eight
and ending on November thirtieth, nineteen hundred seventy-eight;
  (ii)  in  an  issue  of  the  state bulletin published in the month of
March, nineteen hundred eighty, or in a March issue of another  publica-
tion selected by the comptroller, a statement of abandoned property paid
to  and  held  by  the state for the period beginning on December first,
nineteen hundred seventy-eight and ending on May thirty-first,  nineteen
hundred seventy-nine.
  (b)  In  each  succeeding]  EACH  September and March, the state comp-
troller shall publish[, in the manner provided for in paragraph  (a)  of
this  subdivision]  IN  A NEWSPAPER, AS PROVIDED BY SECTION ONE THOUSAND
FOUR HUNDRED TEN OF THIS ARTICLE, A STATEMENT OF ABANDONED PROPERTY PAID
TO AND HELD BY THE STATE, for the respective annual periods June  first,
through November thirtieth and December first, through May thirty-first.
  (B) EACH AND EVERY TIME THE COMPTROLLER PUBLISHES A STATEMENT PURSUANT
TO  PARAGRAPH  (A) OF THIS SUBDIVISION, HE OR SHE SHALL INCLUDE A NOTICE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00678-01-1

S. 899                              2

THAT READERS MAY OBTAIN A LARGE PRINT COPY OF THE UNCLAIMED  FUNDS  LIST
BY  WRITING THE COMPTROLLER'S OFFICE OR HAVE A SEARCH CONDUCTED FOR THEM
BY CALLING A DESIGNATED NUMBER. THIS NOTICE MUST APPEAR IN TYPEFACE  AND
FONT-SIZE  ESTABLISHED  BY  THE  NEW YORK STATE OFFICE FOR TECHNOLOGY TO
ASSIST THE VISUALLY IMPAIRED AND INCLUDE THE PHONE  NUMBER  AND  MAILING
ADDRESS TO THE NEW YORK STATE OFFICE OF THE STATE COMPTROLLER, OFFICE OF
UNCLAIMED FUNDS.
  (c)  The  provisions  of this subdivision shall not apply to abandoned
property paid pursuant to section one thousand  three  hundred  of  this
chapter  or  section four hundred twenty-four of the vehicle and traffic
law.
  S 2. Subdivision 1 of section 1416 of the abandoned property  law,  as
added by chapter 173 of the laws of 1980, is amended to read as follows:
  1. No agreement to locate property held by the comptroller pursuant to
this chapter shall be valid unless that agreement:
  (a) is in writing and signed by the property owner;
  (b) discloses the nature of the property; [and]
  (c) discloses the name and address of the holder; AND
  (D)  INCLUDES  LANGUAGE, ESTABLISHED BY THE STATE COMPTROLLER, STATING
THAT THE FUNDS HELD BY THE STATE  CAN  BE  OBTAINED  DIRECTLY  FROM  THE
OFFICE  OF  THE  COMPTROLLER  BY ITS OWNER WITHOUT PAYING A FEE AND THAT
THESE FUNDS WILL BE HELD INDEFINITELY.
  S 3. Section 103 of the state technology law is amended  by  adding  a
new subdivision 18 to read as follows:
  18.  TO  CONSULT  WITH  THE COMMISSION ON THE BLIND AND VISUALLY HAND-
ICAPPED TO DEVELOP AND MAINTAIN ACCESSIBILITY STANDARDS FOR TYPEFACE AND
FONT SIZE TO ASSIST THE VISUALLY IMPAIRED.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

S899A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10185
Current Committee:
Law Section:
Abandoned Property Law
Laws Affected:
Amd §§1402 & 1416, Ab Prop L; amd §103, St Tech L
Versions Introduced in 2009-2010 Legislative Session:
S3193

S899A (ACTIVE) - Bill Texts

view summary

Relates to the publication by the state of the receipt of unclaimed funds.

view sponsor memo
BILL NUMBER:S899A

TITLE OF BILL:
An act to amend the abandoned property law and the state technology law,
in relation to unclaimed funds

PURPOSE:
The purpose of this bill is to eliminate barriers for the visually
impaired to access and obtain unclaimed funds from the state comp-
troller's office, and ensure that all New Yorkers are made aware that
they can obtain unclaimed funds directly from the state free of charge.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends paragraph (b) subdivision 1 of section 1402
of the abandoned property law to require the state comptroller twice a
year to publish via newspaper a statement of what abandoned property is
held by the state. The publication would also include, in type suffi-
cient for a visually impaired person to read, a notice that a large-
print listing of abandoned property can be obtained by writing the state
comptroller's office.

Section 2 amends subdivision 1 of section 1416 of the abandoned property
law to add a new paragraph (d), requiring that an agreement between an
owner of unclaimed funds and an investigation agency retain a recitation
to the effect that the owner understands the funds can be obtained with-
out the help of the investigation agency.

Section 3 amends section 103 of the state technology law by adding a
subdivision 18 requiring the Office of Information Technology Services
to consult with the state commission on the blind and visually hand-
icapped to develop accessibility standards for typeface and font size
that would assist the visually impaired.

JUSTIFICATION:
New Yorkers with visual impairments have difficulty determining whether
they have unclaimed funds held by the state comptroller. Notification
provisions have never been friendly to those with visual impairment. As
a result, many New Yorkers learn about their unclaimed funds through
solicitations from private investigators. The investigators charge a
fee, typically equal to the statutory maximum of 15%, to collect the
fund, usually without informing the owner of the funds that they can be
collected free of charge directly from the comptroller. This legislation
addresses both concerns, first by requiring notification in a visually-
impaired friendly format, and second by requiring disclosure by private
investigators of an unclaimed fund owner's rights.

FISCAL IMPLICATIONS:
Minimal to the state.

EFFECTIVE DATE:

This Act shall take effect on the sixtieth day after it shall have
become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 899--A
    Cal. No. 655

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  reported favorably from said committee, ordered to  first  and  second
  report,  ordered  to  a  third reading, amended and ordered reprinted,
  retaining its place in the order of third reading

AN ACT to amend the abandoned property law and the state technology law,
  in relation to unclaimed funds

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (b) of subdivision 1 of section 1402 of the aban-
doned  property  law is relettered paragraph (c) and a new paragraph (b)
is added to read as follows:
  (B) IN ADDITION TO THE LIST REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVI-
SION, EACH SEPTEMBER AND MARCH, THE STATE COMPTROLLER SHALL PUBLISH IN A
NEWSPAPER, AS PROVIDED BY SECTION ONE THOUSAND FOUR HUNDRED TEN OF  THIS
ARTICLE,  A  STATEMENT  OF  ABANDONED  PROPERTY  PAID TO AND HELD BY THE
STATE, FOR THE RESPECTIVE ANNUAL PERIODS JUNE  FIRST,  THROUGH  NOVEMBER
THIRTIETH  AND DECEMBER FIRST, THROUGH MAY THIRTY-FIRST.  EACH AND EVERY
TIME THE COMPTROLLER PUBLISHES SUCH A STATEMENT, HE OR SHE SHALL INCLUDE
A NOTICE THAT READERS MAY OBTAIN A LARGE PRINT  COPY  OF  THE  UNCLAIMED
FUNDS  LIST  BY  WRITING  THE  COMPTROLLER'S  OFFICE  OR  HAVE  A SEARCH
CONDUCTED FOR THEM BY CALLING A  DESIGNATED  NUMBER.  THIS  NOTICE  MUST
APPEAR  IN  TYPEFACE  AND  FONT-SIZE  ESTABLISHED  BY THE NEW YORK STATE
OFFICE FOR TECHNOLOGY TO ASSIST THE VISUALLY IMPAIRED  AND  INCLUDE  THE
PHONE  NUMBER  AND  MAILING  ADDRESS TO THE NEW YORK STATE OFFICE OF THE
STATE COMPTROLLER, OFFICE OF UNCLAIMED FUNDS.
  S 2. Subdivision 1 of section 1416 of the abandoned property  law,  as
added by chapter 173 of the laws of 1980, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00678-02-2

S. 899--A                           2

  1. No agreement to locate property held by the comptroller pursuant to
this chapter shall be valid unless that agreement:
  (a) is in writing and signed by the property owner;
  (b) discloses the nature of the property; [and]
  (c) discloses the name and address of the holder; AND
  (D)  INCLUDES  LANGUAGE, ESTABLISHED BY THE STATE COMPTROLLER, STATING
THAT THE FUNDS HELD BY THE STATE  CAN  BE  OBTAINED  DIRECTLY  FROM  THE
OFFICE  OF  THE  COMPTROLLER  BY ITS OWNER WITHOUT PAYING A FEE AND THAT
THESE FUNDS WILL BE HELD INDEFINITELY.
  S 3. Section 103 of the state technology law is amended  by  adding  a
new subdivision 18 to read as follows:
  18.  TO  CONSULT  WITH  THE COMMISSION ON THE BLIND AND VISUALLY HAND-
ICAPPED TO DEVELOP AND MAINTAIN ACCESSIBILITY STANDARDS FOR TYPEFACE AND
FONT SIZE TO ASSIST THE VISUALLY IMPAIRED.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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