Section 95. Abandoned property fund  


Latest version.
  • 1. The state comptroller shall maintain
      a  special  fund  to  be known as the abandoned property fund. Such fund
      shall consist of all moneys paid to him pursuant to  the  provisions  of
      the  abandoned  property law and all moneys which by law are required to
      be paid into  such  fund.  All  personal  property,  other  than  money,
      delivered to him pursuant to the abandoned property law, or which by law
      shall  be  delivered  to  him  for  the  benefit  of such fund, shall be
      retained by him until sold pursuant to the provisions of  the  abandoned
      property law in trust for the benefit of such fund.
        2.  Annually,  the  comptroller  shall  file  with the director of the
      budget an itemized estimate of the expenses for  the  administration  of
      the  abandoned  property  fund for the ensuing year. The director of the
      budget may revise and amend  such  estimate.  After  such  revision  and
      amendment, if any, such director shall approve the same for inclusion in
      the  executive  budget.  No  moneys  shall  be paid out of the abandoned
      property fund for such expenses unless expenditures therefor shall  have
      been  authorized  by  law;  provided,  however, that the expenses of any
      audits conducted by  the  state  comptroller  to  assure  compliance  by
      holders  of  unclaimed  property  with  the  provisions of the abandoned
      property law paid by the state comptroller pursuant to an appropriation,
      shall be reimbursed by a transfer  of  funds  no  more  frequently  than
      monthly, from any balance remaining in the abandoned property fund prior
      to  any  payment made pursuant to the provisions of subdivision three of
      this section.
        3. Whenever the amount of moneys in the abandoned property fund as  of
      the  last  day  of  any month shall exceed the greater of the sum of six
      million dollars or an amount which in the comptroller's sole  discretion
      is  necessary to satisfy claims against such fund during the immediately
      succeeding month, the comptroller shall draw a warrant or  voucher  upon
      such  special  fund  for  the amount in excess of such sum and shall pay
      such amount into the state treasury to the credit of the  general  fund.
      Notwithstanding  the  foregoing, the comptroller and the director of the
      budget or their respective designees shall review the balance  remaining
      in  the  abandoned  property  fund  as  of the last day of the months of
      March, June, September and December in each year, as soon as practicable
      after each such date, and may mutually agree upon an amount to  be  paid
      from  such  fund  into  the  state treasury to the credit of the general
      fund, which may cause the balance in such fund to fall below six million
      dollars; provided, however, in no event shall the amount  of  moneys  in
      the  abandoned property fund exceed seven hundred fifty thousand dollars
      at the end of the last day of the fiscal year.
        4. All moneys in the abandoned property fund shall be deposited by the
      state comptroller in one or more state banks, trust companies or savings
      banks. Any interest received by the comptroller upon  any  such  deposit
      and  any  interest  or  other  moneys  received by him on account of any
      personal property other than money, retained by him for the  benefit  of
      such  fund,  shall be the property of the state and shall be credited to
      such fund.