NY State Senate Bill 2017-S4942

Senate Bill S4942

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2017	referred to finance

2017-S4942 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Add §98-d, St Fin L; add §629-b, Tax L; amd §§1315 & 300, Ab Prop L; amd §904, add §905-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6209
2011-2012: S126
2013-2014: S1321
2015-2016: S179

2017-S4942 (ACTIVE) - Summary

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

2017-S4942 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4942

 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 :

To provide a dedicated source of income for home delivered meals for
senior citizens.

 SUMMARY OF PROVISIONS :

Section 1. Amends the State Finance Law by adding a new Section 99-y.
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-b.
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 a 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

 EXISTING LAW :

None.

 JUSTIFICATION :

This bill establishes the New York State Seniors Trust Fund in order
to provide a source of additional funding for the home delivered meals
program. The New York State personal income tax form already provides
an opportunity for taxpayers to make voluntary contributions to a
variety of worthwhile causes. Home 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.

Home delivered meals are a critical component in assisting the frail
elderly to remain at home. The New York State Seniors Trust Fund would
help to mitigate potential funding cuts from federal and state
government sources and to provide an additional source of income for
this worthwhile program.

 LEGISLATIVE HISTORY :

2016: S.179A - AMEND AND RECOMMIT TO FINANCE
2015: S.179 - REFERRED TO FINANCE
2014: S.1321A - Amend and Recommit to Finance/A.2522A - Amend and
Recommit to Aging
2013: S.1321 - Referred to Finance/A.2522 - Referred to Aging
2012: S.126-A - Referred to Aging/A.9435- Referred to Aging
2011: S.126 - Notice of Committee Consideration Requested, Committee
Discharged and Committed to Aging
2010: S.6209A - Amend and Recommit to Finance

 FISCAL IMPLICATIONS :

The New York State Seniors Trust Fund will provide a source of
additional 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

2017-S4942 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4942
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 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
 98-d to read as follows:
   §  98-D.  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-B 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.
   §  2.  The tax law is amended by adding a new section 629-b to read as
 follows:
   § 629-B. GIFT FOR NEW YORK STATE SENIORS TRUST FUND. EFFECTIVE FOR ANY
 TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AN
 INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  NEW  YORK
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07176-01-7

 S. 4942                             2
 
 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-EIGHT-D OF THE STATE FINANCE LAW.
   §  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-EIGHT-D OF THE STATE FINANCE LAW.
   § 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-EIGHT-D
 OF THE STATE FINANCE LAW.
   §  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.
   §  6.  The  civil  practice  law  and rules is amended by adding a new
 section 905-a to read as follows:
   § 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-EIGHT-D OF  THE  STATE  FINANCE
 LAW.

 S. 4942                             3
 
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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