S T A T E O F N E W Y O R K
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6080
2015-2016 Regular Sessions
I N A S S E M B L Y
March 13, 2015
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Introduced by M. of A. FARRELL -- (at request of the State Comptroller)
-- read once and referred to the Committee on Ways and Means
AN ACT to amend the abandoned property law, in relation to conforming
language relating to the preliminary reporting requirement for
unclaimed amounts of money or other property; precluding abandonment
based upon undeliverable mail; clarifying language relating to statu-
tory coverage of accounts payable and receivable credits; authorizing
the accrual of interest on life insurance policies after payment of
abandoned property to the state comptroller; increasing the minimum
amount of an abandoned property claim; authorizing the comptroller to
establish guidelines for new forms of payment technologies; increasing
the threshold for certified mailings; recognizing electronic contact
by an owner as written contact; and to amend the abandoned property
law and the surrogate's court procedure act, in relation to authoriz-
ing the payment of interest on monies received directly from surro-
gate's court and held by the state comptroller as abandoned property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 3 of section 402 of the aban-
doned property law is amended to read as follows:
(a) that a report of unclaimed amounts of money or other property held
or owing by it [has been made to] WILL BE PREPARED FOR the state comp-
troller and that a list of the names of the person or persons appearing
from the records of such corporation to be entitled thereto is on file
and open to public inspection at its principal office or place of busi-
ness in any city, village or county where any such abandoned property is
payable;
S 2. Paragraph (c) of subdivision 3 of section 501 of the abandoned
property law, as amended by chapter 61 of the laws of 1989, is amended
to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08236-02-5
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[(c) Notice regarding such wages has been sent by the corporation or
fiduciary, via first class mail, to such resident at his last known
address and such notice has been returned to the corporation or fiduci-
ary by the postal authorities for inability to locate such resident.]
S 3. Subdivisions 1-a and 1-b of section 1315 of the abandoned proper-
ty law, subdivision 1-a as amended and subdivision 1-b as added by
section 2 of part II of chapter 57 of the laws of 2010, are amended to
read as follows:
1-a. Any amount representing outstanding checks issued on and after
July first, nineteen hundred seventy-four [in payment for goods or for
services, and owing in this state,] or held by OR ON BEHALF OF any
corporation (other than a public corporation), joint stock company,
individual, association of two or more individuals, committee or busi-
ness trust in this state, and which has remained unclaimed by the owner
of such amount for three years, shall be deemed abandoned property.
1-b. Any unclaimed amount [for services not rendered or for goods not
delivered] REPRESENTING ACCOUNTS PAYABLE OR RECEIVABLE CREDITS, REFUNDS,
REBATES, CREDITS, OVERPAYMENTS OR DEPOSITS, which amount [was received]
IS HELD BY OR ON BEHALF OF A CORPORATION (OTHER THAN A PUBLIC CORPO-
RATION), JOINT STOCK COMPANY, INDIVIDUAL, ASSOCIATION OF TWO OR MORE
INDIVIDUALS, COMMITTEE OR BUSINESS TRUST IN THIS STATE, after July
first, nineteen hundred seventy-four, or in the case of a public utility
company as that term is defined in subdivision twenty-three of section
two of the public service law, on or after July first, nineteen hundred
eighty which has remained unclaimed by the owner of such amount for
three years, shall be deemed abandoned property.
S 4. Paragraph (a) of subdivision 1 of section 1405 of the abandoned
property law, as amended by section 13 of part R of chapter 85 of the
laws of 2002, is amended to read as follows:
(a) Notwithstanding any other provision of law, no owner of abandoned
property shall be entitled to receive interest on account of such aban-
doned property from and after the date a payment of such abandoned prop-
erty is hereafter made to the state comptroller pursuant to this chapter
or any law relating to abandoned property, whether or not [he] THE OWNER
was entitled to interest on such property prior to such date, except
that interest at the overpayment rate set by the commissioner of taxa-
tion and finance pursuant to subsection (j) of section six hundred nine-
ty-seven of the tax law, less one percentage point, shall accrue to
abandoned property hereafter paid to the state comptroller under the
following provisions of this chapter, for the first five years such
property is held by [him] THE STATE COMPTROLLER:
(i) paragraph (a) of subdivision one of section three hundred of this
chapter; or
(ii) subdivision one of section four hundred of this chapter; or
(iii) paragraph (a) of subdivision one of section six hundred of this
chapter; or
(iv) PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED OF THIS
CHAPTER; OR
(V) subdivision one of section ten hundred of this chapter; OR
(VI) SUBDIVISION ONE OF SECTION TWO THOUSAND TWO HUNDRED TWENTY-TWO OF
THE SURROGATE'S COURT PROCEDURE ACT.
S 5. The opening paragraph of paragraph (a) of subdivision 1 of
section 1406 of the abandoned property law, as amended by chapter 815 of
the laws of 1963, is amended to read as follows:
Claim may be filed with the state comptroller for any abandoned prop-
erty amounting to over [three] TWENTY dollars, INCLUDING ANY CLAIM TO A
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SECURITY DELIVERED TO THE STATE COMPTROLLER ON OR AFTER NOVEMBER FIRST,
NINETEEN HUNDRED NINETY-ONE, WITH A FAIR MARKET VALUE EXCEEDING TWENTY
DOLLARS AT THE TIME OF CLAIM heretofore paid to the state or hereafter
paid or delivered to the state comptroller pursuant to this chapter,
except abandoned property heretofore paid to the state pursuant to
S 6. Section 1414 of the abandoned property law, as added by chapter
459 of the laws of 1952, is amended to read as follows:
S 1414. Comptroller to make regulations. The state comptroller is
hereby authorized to make such rules and regulations as he may deem
necessary to enforce the provisions of this chapter, INCLUDING, BUT NOT
LIMITED TO, RULES AND REGULATIONS RELATING TO THE INCLUSION OF NEW
PAYMENT TECHNOLOGIES WITHIN THE DEFINITION OF ABANDONED PROPERTY.
S 7. Subdivision 2 of section 1422 of the abandoned property law, as
added by section 6 of part P of chapter 62 of the laws of 2003, is
amended to read as follows:
2. Where notice is required by subdivision one of this section, each
holder shall, with respect to property listed in such report whose value
is in excess of [one] THREE thousand dollars, send a second written
notice to the owner by certified mail, return receipt requested not less
than sixty days prior to the applicable reporting date for such
unclaimed property, provided that no notice pursuant to this subdivision
shall be required where: (a) such holder has received a claim from the
owner of the property; or (b) the original mailing was returned as unde-
liverable.
S 8. The abandoned property law is amended by adding a new section
1423 to read as follows:
S 1423. ELECTRONIC CONTACT. NOTWITHSTANDING ANY OTHER PROVISIONS OF
THIS CHAPTER, THE COMPTROLLER SHALL PROMULGATE RULES AND REGULATIONS
ESTABLISHING WHEN AN ELECTRONIC COMMUNICATION FROM THE APPARENT OWNER OF
AMOUNTS OR SECURITIES AS DEFINED IN THIS CHAPTER SHALL CONSTITUTE "WRIT-
TEN CONTACT" FOR PURPOSES OF TOLLING THE DORMANCY PERIOD.
S 9. Subdivision 2 of section 2222 of the surrogate's court procedure
act, as amended by chapter 125 of the laws of 1972, is amended to read
as follows:
2. The court or the supreme court upon the petition of a person claim-
ing to be so entitled and upon at least 14 days' notice, accompanied
with a copy of the petition, to the attorney general, the state comp-
troller and the public administrator of the county or if there be none,
the county treasurer, may by a reference or by directing the trial of an
issue by a jury or otherwise, ascertain the rights of the persons inter-
ested and grant an order directing the payment of any money which
appears to be due to the claimant, [but without interest and] after
deducting all expenses incurred by the state with respect thereto.
S 10. This act shall take effect immediately.