S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
January 31, 2013
Introduced by Sen. KRUEGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law and the abandoned property law,
in relation to powers of social services officials to receive and
dispose of certain property and to repeal section 106 of the social
services law, relating to powers of social services official to
receive and dispose of a deed, mortgage, or lien
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 360 of the social services law, as added by chapter
722 of the laws of 1951, subdivisions 1 and 3 as amended by section 92
of part B of chapter 436 of the laws of 1997, subdivision 2 as amended
by chapter 909 of the laws of 1974 and subdivision 4 as amended by chap-
ter 803 of the laws of 1959, is amended to read as follows:
S 360. Real property of legally responsible relatives; deeds and
mortgages may be required. [1.] The ownership of real property by an
applicant or applicants, recipient or recipients who is or are legally
responsible relatives of the child or children for whose benefit the
application is made or the aid is granted, whether such ownership be
individual or joint as tenants in common, tenants by the entirety or
joint tenants, shall not preclude the granting of family assistance or
the continuance thereof if he or they are without the necessary funds to
maintain himself, herself or themselves and such child or children.
[The social services official may, however, require, as a condition to
the granting of aid or the continuance thereof, that he or she be given
a deed of or a mortgage on such property in accordance with the
provisions of section one hundred six.
2. However, while the property covered by the deed or mortgage is
occupied, in whole or in part, by the responsible relative who gave such
deed or mortgage to the social services official or, by a child for
whose benefit the aid was granted the social services official shall not
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3269 2
sell the property or assign or enforce the mortgage without the written
consent of the department; and, when the property is occupied by such
child, such consent shall not be given unless it appears reasonably
certain that the sale or other disposition of the property will not
materially adversely affect the welfare of such child.
3. The net amount recovered by the social services department from
such property, less any expenditures approved by the department for the
burial of the relative or the child who dies while in receipt of aid
under this title, shall be used to repay the social services district,
the state and the federal government their proportionate share of the
cost of family assistance granted. The state and federal share shall be
paid by the social services district to the state and the manner and
amount of such payment shall be determined in accordance with the regu-
lations of the department.
4. If any balance remains it shall belong to the estate of the legal-
ly responsible relative or relatives and the public welfare district
shall forthwith credit the same accordingly, and, provided they claim it
within four years thereafter, pay it to the persons entitled thereto.
If not so claimed within four years it shall be deemed abandoned proper-
ty and be paid to the state comptroller pursuant to section thirteen
hundred five of the abandoned property law.
5. The proceeds or moneys due the United States shall be paid or
reported in such manner and at such times as the federal security agency
or other authorized federal agency may direct.]
S 2. Section 1305 of the abandoned property law, as amended by section
31 of part A of chapter 61 of the laws of 2011, is amended to read as
S 1305. Unclaimed surplus moneys after recovery of cost of public
assistance and care. Any amount comprising a balance credited to an
estate or person pursuant to [sections] SECTION one hundred fifty-two-b
[or three hundred sixty] of the social services law which, on June thir-
tieth in any year, has for four years from the date of such credit
remained unclaimed by the estate or person entitled thereto shall be
deemed abandoned property.
On or before the tenth day of September in each year every public
welfare official shall pay such abandoned property to the state comp-
troller. Such payment shall be accompanied by a written report, affirmed
as true and accurate under penalty of perjury, in such form as the state
comptroller may prescribe.
S 3. Section 106 of the social services law is REPEALED.
S 4. This act shall take effect immediately.