Bill S1321A-2013

Relates to establishing the New York state seniors trust fund and directing certain moneys to be deposited into such fund

Relates to establishing the New York state seniors trust fund and directing certain moneys to be deposited into such fund.

Details

Actions

  • Jan 17, 2014: PRINT NUMBER 1321A
  • Jan 17, 2014: AMEND AND RECOMMIT TO FINANCE
  • Jan 8, 2014: REFERRED TO FINANCE
  • Jan 9, 2013: REFERRED TO FINANCE

Memo

BILL NUMBER:S1321A

TITLE OF BILL: An act to amend the state finance law, the tax law, the abandoned property law and the civil practice law and rules, in relation to establishing the New York state seniors trust fund and directing certain moneys to be deposited into such fund

PURPOSE:

Establishes the New York state seniors trust fund and directs certain moneys to be deposited into such fund.

SUMMARY OF PROVISIONS:

Section 1. Amends the state finance law by adding a new section, 99-v. Establishes the New York state seniors trust fund. Provides that such fund shall be in the joint custody of the state comptroller and the commissioner of taxation and finance. Requires that the appropriation and allocation of moneys deposited into the fund is only upon the approval of the director of the state office for the aging. Describes how moneys of the fund shall be paid out.

Section 2. Amends the tax law by adding a new section, 629-a. Establishes the Gift for New York state seniors trust fund. Allows New York State taxpayers to make a voluntary one dollar contribution to such fund on the New York State personal income tax form. Provides that such contribution shall be used to fund the home delivered meals program administered by the New York state office for the aging.

Section 3. Amends the abandoned property law, section 1315 (4). Allows checks or drafts issued by New York state to a person sixty-five years of age or older that are unpaid after one year to be deposited into the New York State Seniors Trust Fund.

Section 4. Amends the abandoned property law, section 300 (1) by adding a new paragraph (a-1). Allows any amount determined to be the abandoned property of r person sixty-five years of age or old to be deposited into the New York State Seniors Trust Fund.

Section 5. Amends the civil practice law and rules, section 904 (c). Provides that in an action seeking a monetary judgment, a notice seeking such judgment shall include space to allow a voluntary contribution to the New York State Seniors Trust Fund.

Section 6. Amends the civil practice law and rules by adding a new section, 905-a. Provides that when a monetary judgment has been awarded, a voluntary contribution from such judgment may be made to the New York State Seniors Trust Fund.

Section 7. Effective Date

JUSTIFICATION:

This bill establishes the New York State Seniors Trust Fund in order o provide a source of additional funding for the home delivered meals program. Home delivered meals are a critical component in assisting the frail elderb to remain at home. The New York State personal income

tax form already provides an opportunity for taxpayers to make voluntary contributions to a variety of worthwhile causes. Horne delivered meals for senior citizens should be one of those causes for which voluntary contributions can be made through a tax check-off on the New York State personal income tax form.

LEGISLATIVE HISTORY:

2013: S.1321 - Referred to Finance/A.2522 - Referred to Aging 2012: S. 126A - Amend and recommit to Aging/A.9435 - Referred to Aging 2011: S.126 - Committee Discharged and Committed to Aging

FISCAL IMPLICATIONS:

The New York State Seniors Trust Fund will provide a source of add tional funding for the home delivered meals program administered by the New York State Office for the Aging.

EFFECTIVE DATE:

90 days after it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 1321--A 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. DIAZ -- 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, the tax law, the abandoned prop- erty law and the civil practice law and rules, in relation to estab- lishing the New York state seniors trust fund and directing certain moneys to be deposited into such fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The state finance law is amended by adding a new section 99-v to read as follows: S 99-V. NEW YORK STATE SENIORS TRUST FUND. 1. THERE IS HEREBY ESTAB- LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION- ER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK STATE SENIORS TRUST FUND. 2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE OF SUCH FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW. 3. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO- CATION ONLY UPON APPROVAL OF THE DIRECTOR OF THE NEW YORK STATE OFFICE FOR THE AGING, FOR ALL COSTS ASSOCIATED WITH THE FUNDING OF THE HOME DELIVERED MEALS PROGRAM ADMINISTERED BY THE NEW YORK STATE OFFICE FOR THE AGING. 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE DIRECTOR OF THE NEW YORK STATE OFFICE FOR THE AGING OR HIS OR HER DULY DESIGNATED REPRESENTATIVE.
S 2. The tax law is amended by adding a new section 629-a to read as follows: S 629-A. GIFT FOR NEW YORK STATE SENIORS TRUST FUND. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE SENIORS TRUST FUND FOR THE COST ASSOCIATED WITH THE FUNDING OF THE HOME DELIVERED MEALS PROGRAM ADMINISTERED BY THE NEW YORK STATE OFFICE FOR THE AGING. THE CONTRIBUTION SHALL BE ONE DOLLAR AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE SENIORS TRUST FUND AND USED ONLY FOR THOSE PURPOSES ENUMER- ATED IN SECTION NINETY-NINE-V OF THE STATE FINANCE LAW. S 3. Subdivision 4 of section 1315 of the abandoned property law, as amended by section 19 of part U of chapter 61 of the laws of 2011, is amended to read as follows: 4. Any amount representing an unpaid check or draft issued by the state of New York which shall have remained unpaid after one year from the date of issuance or a debit card issued on behalf of the state of New York for the purpose of paying a tax refund which shall not have been activated for one year from the date of issuance in accordance with section one hundred two of the state finance law shall be deemed aban- doned property and shall be paid to the state comptroller, PROVIDED, HOWEVER, ANY AMOUNT DEEMED TO BE ABANDONED PROPERTY PURSUANT TO THIS SUBDIVISION, WHICH HAD BEEN ISSUED TO A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER, SHALL BE DEPOSITED INTO THE NEW YORK STATE SENIORS TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-V OF THE STATE FINANCE LAW. S 4. Subdivision 1 of section 300 of the abandoned property law is amended by adding a new paragraph (a-1) to read as follows: (A-1) ANY AMOUNTS DETERMINED TO BE ABANDONED PROPERTY PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, WHICH WERE ENTITLED TO A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER, SHALL BE DEPOSITED INTO THE NEW YORK STATE SENIORS TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-V OF THE STATE FINANCE LAW. S 5. Subdivision (c) of section 904 of the civil practice law and rules, as added by chapter 207 of the laws of 1975, is amended to read as follows: (c) The content of the notice shall be subject to court approval, PROVIDED, HOWEVER, THAT IN ACTION SEEKING A MONETARY JUDGMENT, SUCH NOTICE SHALL INCLUDE A SPACE TO ENABLE THE MEMBER OF THE CLASS TO CONTRIBUTE THE PORTION OF THE MONETARY JUDGMENT TO WHICH THEY ARE ENTI- TLED TO THE NEW YORK STATE SENIORS TRUST FUND. In determining the method by which notice is to be given, the court shall consider I. the cost of giving notice by each method considered II. the resources of the parties and III. the stake of each represented member of the class, and the like- lihood that significant numbers of represented members would desire to exclude themselves from the class or to appear individually, which may be determined, in the court's discretion, by sending notice to a random sample of the class. S 6. The civil practice law and rules is amended by adding a new section 905-a to read as follows: S 905-A. CONTRIBUTIONS TO THE NEW YORK STATE SENIORS TRUST FUND. WHERE A MONETARY JUDGMENT HAS BEEN AWARDED TO A CLASS, AND A MEMBER OR MEMBERS OF SUCH CLASS CHOOSES TO CONTRIBUTE THE PORTION OF THE JUDGMENT
TO WHICH THEY ARE ENTITLED TO THE NEW YORK STATE SENIORS TRUST FUND PURSUANT TO SUBDIVISION (C) OF SECTION NINE HUNDRED FOUR OF THIS ARTI- CLE, ALL SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE SENIORS TRUST FUND ESTABLISHED IN SECTION NINETY-NINE-V OF THE STATE FINANCE LAW. S 7. This act shall take effect on the ninetieth day after it shall have become a law.

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