S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1881
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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; 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 prop-
   erty claim; increasing the threshold for certified mailings; recogniz-
   ing  electronic  contact  by an owner as written contact; to amend the
   abandoned property law and the surrogate's  court  procedure  act,  in
   relation  to  authorizing  the  payment of interest on monies received
   directly from surrogate's court and held by the state  comptroller  as
   abandoned property; and to amend the state finance law, in relation to
   annual reports to the state comptroller of custodian of court funds
 
   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;
   §  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:
   [(c)  Notice  regarding such wages has been sent by the corporation or
 fiduciary, via first class mail, to such  resident  at  his  last  known

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

                                                            LBD06617-01-7

 A. 1881                             2

 address  and such notice has been returned to the corporation or fiduci-
 ary by the postal authorities for inability to locate such resident.]
   § 3. Subdivision 1-a of section 1315 of the abandoned property law, as
 amended  by  section  2 of part II of chapter 57 of the laws of 2010, is
 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.
   § 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.
   §  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
 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
   § 6. 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

 A. 1881                             3
 
 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.
   §  7.  The  abandoned  property law is amended by adding a new section
 1423 to read as follows:
   § 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.
   § 8. 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.
   §  9.  Section 184 of the state finance law, as amended by chapter 655
 of the laws of 1978, is amended to read as follows:
   § 184. Annual reports to comptroller  of  custodian  of  court  funds.
 Every  treasurer  or  financial  officer  who  has  [in  his  charge or]
 possession OF or [under his] control OF, or who keeps a record of money,
 bonds, stocks, mortgages or any other securities or  property  deposited
 into court and held by [him] SUCH OFFICER, must, once in each year, make
 a report to the state comptroller at the time and in the form and manner
 which [he] THE COMPTROLLER may prescribe, containing a true statement of
 [his]  THE  accounts for the preceding year or from the time of the last
 report. This report must be verified by the oath of  such  officer,  and
 must  be  accompanied  by  the certificate of the proper officer of each
 bank or trust company, stating the exact amount  on  deposit  with  such
 corporation.  Every  savings  bank,  bank or trust company having in its
 possession, pursuant to an order of a court  of  record,  money,  bonds,
 stocks,  mortgages  or  any  other securities or property which were not
 first deposited in court and delivered to a county treasurer,  FINANCIAL
 OFFICER  or  commissioner of finance of the city of New York, must, once
 in each year, make a report to the comptroller at such time as [he]  THE
 COMPTROLLER  shall  prescribe, stating separately for each case the name
 of the court, the title of the action or proceeding,  the  date  of  the
 receipt,  from whom received, for whom received, the amount of money, if
 any, a description of the securities or other property, each addition of
 interest and each change of investment, the amount so held at  the  date
 of  report, the date and description of each other directing payment and
 the dates and amounts of payments thereunder and to whom  made.    Every
 officer,  or  bank  or  trust  company  mentioned in this section, shall
 furnish any additional report to the comptroller or to the court at such
 time and in such detail as may be required.  THE COMPTROLLER  SHALL  NOT
 DISCLOSE  ANY  AMOUNTS  LISTED  ON ANY REPORT, EXCEPT THAT THE AGGREGATE
 AMOUNT OF FUNDS REPORTED IN ANY REPORT MAY BE DISCLOSED.
   § 10. This act shall take effect immediately.