senate Bill S1321A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 17 / Jan / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 17 / Jan / 2014
    • PRINT NUMBER 1321A

Summary

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

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Bill Details

See Assembly Version of this Bill:
A2522A
Versions:
S1321
S1321A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Add §99-v, St Fin L; add §629-a, Tax L; amd §§1315 & 300, Ab Prop L; amd §904, add §905-a, CPLR
Versions Introduced in Previous Legislative Cycles:
2011-2012: S126A, A9435
2009-2010: S6209A

Sponsor 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1321--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00445-02-4

S. 1321--A                          2

  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

S. 1321--A                          3

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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