S T A T E   O F   N E W   Y O R K
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                                  11388

                          I N  A S S E M B L Y

                              June 8, 2010
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Wright,
  Peoples-Stokes) -- read once and referred to the Committee  on  Social
  Services

AN  ACT to amend the social services law and the tax law, in relation to
  establishing a hospitality gift fund for the homeless

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The social services law is amended by adding a new article
10-E to read as follows:
                               ARTICLE 10-E
                 HOSPITALITY GIFT FUND FOR THE HOMELESS
SECTION 483-FF. HOSPITALITY GIFT FUND FOR THE HOMELESS.
  S 483-FF. HOSPITALITY GIFT FUND FOR THE HOMELESS. 1. THERE  IS  HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER
OF  TAXATION  AND  FINANCE  IN  THE STATE TREASURY A SPECIAL FUND, TO BE
KNOWN AS THE HOSPITALITY GIFT FUND FOR THE HOMELESS, WHICH SHALL CONSIST
OF AND INTO WHICH SHALL BE PAID ALL MONEYS DERIVED FROM VOLUNTARY  HOTEL
UNIT  FEES  COLLECTED BY CERTAIN REGISTERED HOTEL OPERATORS SPECIFIED IN
SECTION ELEVEN HUNDRED FIVE-D OF THE TAX LAW, AND SUCH OTHER  MONEYS  AS
MAY  BE  PAID INTO SAID FUND FROM ANY SOURCE PURSUANT TO LAW. THE MONEYS
IN SUCH FUND SHALL BE EXPENDED ONLY FOR GRANTS  TO  AND  CONTRACTS  WITH
NOT-FOR-PROFIT   TAX-EXEMPT  ENTITIES  FOR  THE  PURPOSE  OF  DELIVERING
SERVICES TO THE HOMELESS AND THOSE AT RISK OF  BECOMING  HOMELESS.  UPON
APPROPRIATION BY THE LEGISLATURE, THE DEPARTMENT MAY MAKE SUCH MONEYS OR
ANY PORTION THEREOF AVAILABLE PURSUANT TO A REQUEST FOR PROPOSALS ISSUED
AT LEAST ONCE EVERY TWO YEARS. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE
BY  THE  DEPARTMENT  OF  TAXATION  AND  FINANCE  AFTER AUDIT BY AND UPON
WARRANT OF THE COMPTROLLER, ON VOUCHERS APPROVED BY THE COMMISSIONER.
  2. THE COMMISSIONER IS AUTHORIZED TO ACCEPT, IN THE NAME OF THE PEOPLE
OF THE STATE OF NEW YORK, ANY GIFT OR BEQUEST OF MONEYS TO BE PAID  INTO
SUCH  HOSPITALITY  GIFT  FUND  FOR  THE  HOMELESS AND TO BE EXPENDED AND
DISBURSED AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION.
  3. GIFTS OR BEQUESTS FROM PRIVATE INDIVIDUALS, CORPORATIONS, OR  FOUN-
DATIONS  DEPOSITED  IN THE HOSPITALITY GIFT FUND FOR THE HOMELESS MAY BE

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

                                                           LBD17642-01-0

A. 11388                            2

INVESTED BY THE COMPTROLLER PURSUANT TO THE PROVISIONS OF SECTION  NINE-
TY-EIGHT-A  OF  THE  STATE FINANCE LAW. ANY INCOME FROM SUCH INVESTMENTS
SHALL BE DEPOSITED TO THE CREDIT OF THE HOSPITALITY GIFT  FUND  FOR  THE
HOMELESS.
  4. FUNDS AWARDED TO NOT-FOR-PROFIT TAX EXEMPT ENTITIES PURSUANT TO THE
PROVISIONS  OF  SUBDIVISION ONE OF THIS SECTION SHALL BE USED TO SUPPLE-
MENT AND NOT TO SUPPLANT OTHER FEDERAL, STATE OR LOCAL FUNDS.
  5. NO LESS THAN EIGHTY-FIVE PERCENT OF THE TOTAL  MONEYS  APPROPRIATED
BY  THE LEGISLATURE FOR THE HOSPITALITY GIFT FUND FOR THE HOMELESS SHALL
BE ALLOCATED THROUGH EXECUTED GRANTS AND CONTRACTS  WITH  NOT-FOR-PROFIT
TAX-EXEMPT ENTITIES WITHIN ANY FISCAL YEAR.
  6.  ON  OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWELVE AND ON OR BEFORE
FEBRUARY FIRST OF EACH YEAR THEREAFTER IN  WHICH  CONTRACTS  UNDER  THIS
ARTICLE ARE IN FORCE, THE COMMISSIONER SHALL SUBMIT TO THE GOVERNOR, THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY A
REPORT DETAILING PROGRESS  AND  EVALUATING  RESULTS,  TO  DATE,  OF  THE
PROGRAM,  INCLUDING THE AMOUNTS DEPOSITED INTO THE HOSPITALITY GIFT FUND
FOR THE HOMELESS FROM VOLUNTARY HOTEL UNIT FEES AND ANY  OTHER  SOURCES.
SUCH  REPORT  SHALL INCLUDE, BUT NOT BE LIMITED TO A REVIEW OF THE BASIS
FOR SELECTION OF ELIGIBLE APPLICANTS; THE NUMBER OF  PERSONS  SERVED;  A
REVIEW OF THE SERVICES PROVIDED TO PREVENT HOMELESSNESS, PROVIDE IMMEDI-
ATE ASSISTANCE TO HOMELESS FAMILIES AND INDIVIDUALS AND TO HELP HOMELESS
HOUSEHOLDS  MOVE  INTO AND REMAIN IN PERMANENT HOUSING, INCLUDING A LIST
OF THE  NUMBER  OF  PERSONS  AND  FAMILIES,  BY  PROJECT,  WHO  RECEIVED
SERVICES;  AN  IDENTIFICATION OF THE ESTIMATED SAVINGS OF THE PROGRAM TO
THE STATE AND LOCALITIES; AND AN EVALUATION OF THE CONTINUING  NEED  FOR
THE  VARIOUS  SERVICES  FUNDED THROUGH THE HOSPITALITY GIFT FUND FOR THE
HOMELESS.
  S 2. The tax law is amended by adding a new section 1105-D to read  as
follows:
  S 1105-D. VOLUNTARY HOTEL UNIT FEE. (A) COLLECTION. IN ADDITION TO ANY
FEE  OR TAX IMPOSED BY THIS ARTICLE OR ANY OTHER LAW, ON AND AFTER OCTO-
BER FIRST, TWO THOUSAND TEN, THERE IS  HEREBY  ESTABLISHED  A  VOLUNTARY
HOTEL  UNIT  FEE  ON EVERY OCCUPANCY OF A UNIT IN A HOTEL AT THE RATE OF
TWO DOLLARS PER UNIT PER DAY, EXCEPT THAT SUCH UNIT  FEE  SHALL  NOT  BE
ESTABLISHED UPON:
  (1) OCCUPANCY BY A PERMANENT RESIDENT; OR
  (2)  WHERE  THE  RENT  PER  UNIT  IS  NOT MORE THAN AT THE RATE OF TWO
DOLLARS PER DAY; OR
  (3) WHERE A HOTEL OPERATOR FAILS TO REGISTER WITH THE COMMISSIONER  OF
TAXATION AND FINANCE AS A UNIT FEE COLLECTION AGENT; OR
  (4)  WHERE A HOTEL OCCUPANT FAILS TO AUTHORIZE PAYMENT OF THE UNIT FEE
IN WRITING.
  (B) ADMINISTRATION. THE UNIT FEE ESTABLISHED BY THIS SECTION SHALL  BE
ADMINISTERED AND COLLECTED IN A LIKE MANNER AS THE TAX IMPOSED BY SUBDI-
VISION (E) OF SECTION ELEVEN HUNDRED FIVE OF THIS PART.
  (C)  DEPOSIT AND DISPOSITION OF REVENUE. NOTWITHSTANDING ANY PROVISION
OF LAW TO THE  CONTRARY,  THE  FEES  ESTABLISHED  BY  THIS  SECTION  AND
RECEIVED  BY  THE  COMMISSIONER,  AFTER  DEDUCTING  THE AMOUNT WHICH THE
COMMISSIONER SHALL DETERMINE TO BE NECESSARY  FOR  REASONABLE  COSTS  TO
ADMINISTER,  COLLECT  AND DISTRIBUTE SUCH FEES, SHALL BE DEPOSITED DAILY
WITH SUCH RESPONSIBLE BANKS, BANKING HOUSES OR TRUST COMPANIES,  AS  MAY
BE  DESIGNATED  BY THE COMPTROLLER, TO THE CREDIT OF THE COMPTROLLER, TO
BE HELD IN TRUST FOR QUARTERLY DEPOSIT IN THE HOSPITALITY GIFT FUND  FOR
THE  HOMELESS ESTABLISHED PURSUANT TO SECTION FOUR HUNDRED EIGHTY-THREE-
FF OF THE SOCIAL SERVICES LAW.

A. 11388                            3

  (D) REGULATION. THE COMMISSIONER SHALL ESTABLISH BY  REGULATION  RULES
FOR  THE NOTIFICATION OF HOTEL OPERATORS AND HOTEL OCCUPANTS OF THE UNIT
FEE AND REGISTRATION REQUIREMENT ESTABLISHED BY  THIS  SECTION,  AND  IS
AUTHORIZED  TO MAKE OR REPEAL ANY RULE OR REGULATION NECESSARY TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  S 3. This act shall take effect immediately.