senate Bill S5140B

Signed By Governor
2011-2012 Legislative Session

Establishes the taxpayer refund choice act and affirms the right of state residents to receive personal income tax refunds by paper check

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.479
Aug 05, 2011 delivered to governor
Jun 16, 2011 returned to senate
passed assembly
ordered to third reading rules cal.373
substituted for a6997b
referred to ways and means
delivered to assembly
passed senate
Jun 13, 2011 ordered to third reading cal.1195
reported and committed to rules
Jun 08, 2011 print number 5140b
amend (t) and recommit to finance
Jun 03, 2011 amend (t) and recommit to finance
Jun 03, 2011 print number 5140a
Jun 02, 2011 reported and committed to finance
May 03, 2011 referred to investigations and government operations

Votes

view votes

Jun 14, 2011 - Rules committee Vote

S5140B
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Jun 14, 2011 - Finance committee Vote

S5140B
31
0
committee
31
Aye
0
Nay
3
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Finance committee vote details

Jun 2, 2011 - Investigations and Government Operations committee Vote

S5140
6
0
committee
6
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jun 2, 2011

aye wr (2)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S5140 - Bill Details

See Assembly Version of this Bill:
A6997B
Law Section:
Tax Law
Laws Affected:
Add §3013, Tax L

S5140 - Bill Texts

view summary

Establishes the taxpayer refund choice act and affirms the right of state residents to receive personal income tax refunds by paper check and requires the department to fully describe any debit card or direct deposit program.

view sponsor memo
BILL NUMBER:S5140

TITLE OF BILL:
An act
to amend the tax law, in relation to
establishing the taxpayer refund choice act and
affirming the right of state
residents to receive personal income tax refunds in the manner in which
they choose and requiring the department of taxation and finance to
fully describe any debit card or direct deposit program

PURPOSE:
To ensure the right of state residents to receive personal income tax
refunds in the manner in which they choose, and to require the
department of taxation and finance to fully describe any debit card
or direct deposit program.

SUMMARY OF PROVISIONS:
Adds a new section 3013 to the Tax Law to provide that,
notwithstanding the adoption by the Tax Commissioner of any prepaid
debit card or direct deposit program for payment of personal income
tax refunds, all taxpayers are entitled: (1) to choose the means of
payment of personal income tax refunds, including the right to
receive a paper check; and (2) to opt out of any prepaid debit card
or direct deposit program.

The Department shall provide taxpayers with a clear written statement
setting forth these rights. If the Department implements a program to
pay refunds by prepaid debit card or direct deposit, the income tax
forms shall indicate that the taxpayer has the option of receiving his
or her refund by various methods, including by personal check, and
that boxes be provided on the income tax forms to allow the person
to select the desired option.

In any written notice regarding prepaid debit cards or direct deposit,
the Tax Department shall describe all features of such program, such
as provisions and fees regarding making withdrawals at ATMs or
making purchases at the point of sale.

JUSTIFICATION:
Every year millions of New Yorkers overpay their state and local taxes
on the wages they receive. These overpaid funds remain the rightful
property of the taxpayers. Taxpayers are entitled to the timely
refund of their overpayment and should be able to receive their
refunds in a
manner that is most convenient, understandable and best suited to
their individual financial needs.

Currently, the New York State Department of Taxation and Finance plans
to transition all personal income tax refund payments to a mandatory
direct deposit/prepaid debit card platform.

Although prepaid card programs may appear to be attractive due to
potential cost savings to the agency itself, they include fees and
costs to taxpayers which may be difficult to understand or keep track
of, including ATM usage fees, negative balance fees, bank fees and
other charges.
Additionally, many taxpayers do not have bank accounts or convenient
access to bank branches in their communities. Due to minimum balance
requirements, overdraft fees, and other requirements, many low and
moderate income consumers are unable to maintain bank accounts, and
likely do not have access to direct deposit accounts. Thus, any
program that forces New Yorkers to receive tax refunds in a manner
that is not suited to their individual circumstances will negatively
and disproportionately impact low-and moderate-income citizens and
their communities.

It is the existing policy of the State of New York that its citizens
have the choice to receive their wages in the manner which best suits
their needs. Existing state law requires that private employers, who
seek to utilize prepaid debit "payroll" cards for delivery of
employee wages, must offer their employees the ability to "opt-out"
of such payroll card programs and the right to continue to receive
paper checks. Likewise, these same considerations should also be
extended to taxpayers who are owed personal income tax refunds.

FISCAL IMPLICATIONS:
This legislation should not result in additional
costs, since refunds are already being paid via direct deposit and
personal checks.

EFFECTIVE DATE:
The ninetieth day after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5140

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sens. FARLEY, GRIFFO, GRISANTI -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

AN ACT to amend the tax law, in relation to  establishing  the  taxpayer
  refund  choice  act  and  affirming  the  right  of state residents to
  receive personal income tax refunds in the manner in which they choose
  and requiring the department of taxation and finance to fully describe
  any debit card or direct deposit program

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

  Section  1.  This act shall be known and may be cited as the "taxpayer
refund choice act".
  S 2. The tax law is amended by adding a new section 3013  to  read  as
follows:
  S  3013. METHOD OF PAYMENT OF PERSONAL INCOME TAX REFUNDS; NOTICE. (A)
NOTWITHSTANDING THE ADOPTION BY THE COMMISSIONER OF  ANY  PREPAID  DEBIT
CARD  OR  DIRECT  DEPOSIT  PROGRAM  FOR  PAYMENT  OF PERSONAL INCOME TAX
REFUNDS, ALL TAXPAYERS ARE ENTITLED:
  (1) TO CHOOSE THE MEANS OF PAYMENT OF  PERSONAL  INCOME  TAX  REFUNDS,
INCLUDING THE RIGHT TO RECEIVE A PAPER CHECK; AND
  (2) TO OPT OUT OF ANY PREPAID DEBIT CARD OR DIRECT DEPOSIT PROGRAM FOR
PAYMENT OF TAX REFUNDS.
  (B) THE DEPARTMENT SHALL PROVIDE TAXPAYERS WITH A CLEAR WRITTEN STATE-
MENT SETTING FORTH THE TAXPAYER'S RIGHT:
  (1)  TO  CHOOSE THE MEANS BY WHICH THE TAXPAYER MAY RECEIVE TAX REFUND
PAYMENTS, INCLUDING THE RIGHT TO RECEIVE A PAPER CHECK; AND
  (2) TO OPT OUT OF ANY PREPAID DEBIT CARD OR DIRECT DEPOSIT PROGRAM.
  (C) IN THE EVENT THAT THE COMMISSIONER ELECTS TO IMPLEMENT  A  PROGRAM
PROVIDING  FOR  PAYMENT  OF PERSONAL INCOME TAX REFUNDS BY PREPAID DEBIT
CARD OR DIRECT DEPOSIT TO A DESIGNATED  ACCOUNT  OF  THE  TAXPAYER,  THE
DEPARTMENT  SHALL  AMEND  THE  FORMS  USED  TO  FILE PERSONAL INCOME TAX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10324-04-1

S. 5140                             2

RETURNS TO REFLECT, IN THE AREA DESIGNATED FOR SELECTION OF OPTIONS  FOR
PROCESSING OF REFUNDS, THAT THE TAXPAYER HAS THE OPTION OF RECEIVING HIS
OR  HER  TAX  REFUND BY PERSONAL CHECK AND SHALL PROVIDE A BOX WHICH THE
TAXPAYER MAY CHECK TO SELECT THAT OPTION.
  (D)  IN  ANY  WRITTEN  NOTICE REGARDING A PREPAID DEBIT CARD OR DIRECT
DEPOSIT PROGRAM FOR THE PAYMENT OF TAX  REFUNDS,  THE  DEPARTMENT  SHALL
DESCRIBE TO TAXPAYERS ALL OF THE FEATURES OF THE DIRECT DEPOSIT OR DEBIT
CARD PROGRAM (E.G., WITHDRAWAL AT ANY ATM OR POINT-OF-SALE USE), INCLUD-
ING  ANY  FEE  OR FEES WHICH MAY BE CHARGED TO THE TAXPAYER IN ACCESSING
HIS OR HER TAX REFUND.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S5140A - Bill Details

See Assembly Version of this Bill:
A6997B
Law Section:
Tax Law
Laws Affected:
Add §3013, Tax L

S5140A - Bill Texts

view summary

Establishes the taxpayer refund choice act and affirms the right of state residents to receive personal income tax refunds by paper check and requires the department to fully describe any debit card or direct deposit program.

view sponsor memo
BILL NUMBER:S5140A

TITLE OF BILL:
An act
to amend the tax law, in relation to
establishing the taxpayer refund choice act and
affirming the right of state
residents to receive personal income tax refunds
by paper check
and requiring the department of taxation and finance to
fully describe any debit card or direct deposit program

PURPOSE:
To ensure the right of state residents to continue to receive personal
income tax refunds by paper check in addition to any other options
that may be offered.

SUMMARY OF PROVISIONS:
Adds a new section 3013 to the Tax Law to provide that,
notwithstanding the adoption by the Tax Commissioner of any prepaid
debit card or direct deposit program for payment of personal income
tax refunds, all taxpayers are entitled: (1) to receive their
personal income tax refund by paper check; and (2) to opt out of any
prepaid debit card or direct deposit program.

The Department shall provide taxpayers with a clear written statement
setting forth these rights. If the Department implements a program to
pay refunds by prepaid debit card or direct deposit, the income tax
forms shall indicate that the taxpayer has the option of receiving
his or her refund by various methods, including by personal check,
and boxes shall be provided on the income tax forms to allow the
person to select the desired option.

In any written notice regarding prepaid debit cards, the Tax Department
shall describe all features of such program, such as provisions and
fees regarding making withdrawals at ATMs or making purchases at the
point of sale.

JUSTIFICATION:
Every year millions of New Yorkers overpay their state and local taxes
on the wages they receive. These overpaid funds remain the rightful
property of the taxpayers. Taxpayers are entitled to the timely
refund of their overpayment and should be able to receive their
refunds in a manner that is most convenient, understandable and best
suited to their individual financial needs.

Currently, the New York State Department of Taxation and Finance plans
to transition all personal income tax refund payments to a mandatory
direct deposit/prepaid debit card platform.
Although prepaid card programs may appear to be attractive due to
potential cost savings to the agency itself, they include fees and

costs to taxpayers which may be difficult to understand or keep track
of, including ATM usage fees, negative balance fees, bank fees and
other charges.
Additionally, many taxpayers do not have bank accounts or convenient
access to bank branches in their communities. Due to minimum balance
requirements, overdraft fees, and other requirements, many low and
moderate income consumers are unable to maintain bank accounts, and
likely do not have access to direct deposit accounts. Thus, any
program that forces New Yorkers to receive tax refunds in a manner
that is not suited to their individual circumstances will negatively
and disproportionately impact low-and moderate-income citizens and
their communities.

It is the existing policy of the State of New York that its citizens
have the choice to receive their wages in the manner which best suits
their needs. Existing state law requires that private employers, who
seek to utilize prepaid debit "payroll" cards for delivery of
employee wages, must offer their employees the ability to "opt-out"
of such payroll card programs and the right to continue to receive
paper checks. Likewise, these same considerations should also be
extended to taxpayers who are owed personal income tax refunds.

FISCAL IMPLICATIONS:
This legislation should not result in additional
costs, since refunds are already being paid via direct deposit and
personal checks.

EFFECTIVE DATE:
The ninetieth day after it shall have become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5140--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sens. FARLEY, DeFRANCISCO, GRIFFO, GRISANTI -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the tax law, in relation to establishing the taxpayer
  refund choice act and  affirming  the  right  of  state  residents  to
  receive  personal  income tax refunds by paper check and requiring the
  department of taxation and finance to fully describe any debit card or
  direct deposit program

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

  Section  1.  This act shall be known and may be cited as the "taxpayer
refund choice act".
  S 2. The tax law is amended by adding a new section 3013  to  read  as
follows:
  S  3013. METHOD OF PAYMENT OF PERSONAL INCOME TAX REFUNDS; NOTICE. (A)
NOTWITHSTANDING THE ADOPTION BY THE COMMISSIONER OF  ANY  PREPAID  DEBIT
CARD  OR  DIRECT  DEPOSIT  PROGRAM  FOR  PAYMENT  OF PERSONAL INCOME TAX
REFUNDS, ALL TAXPAYERS ARE ENTITLED:
  (1) TO RECEIVE PERSONAL INCOME TAX REFUNDS BY PAPER CHECK; AND
  (2) TO OPT OUT OF ANY PREPAID DEBIT CARD OR DIRECT DEPOSIT PROGRAM FOR
PAYMENT OF TAX REFUNDS.
  (B) THE DEPARTMENT SHALL PROVIDE TAXPAYERS WITH A CLEAR WRITTEN STATE-
MENT SETTING FORTH THE TAXPAYER'S RIGHT:
  (1) TO RECEIVE TAX REFUND PAYMENTS BY PAPER CHECK; AND
  (2) TO OPT OUT OF ANY PREPAID DEBIT CARD OR DIRECT DEPOSIT PROGRAM.
  (C) IN THE EVENT THAT THE COMMISSIONER ELECTS TO IMPLEMENT  A  PROGRAM
PROVIDING  FOR  PAYMENT  OF PERSONAL INCOME TAX REFUNDS BY PREPAID DEBIT
CARD OR DIRECT DEPOSIT TO A DESIGNATED  ACCOUNT  OF  THE  TAXPAYER,  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10324-05-1

S. 5140--A                          2

DEPARTMENT  SHALL  AMEND  THE  FORMS  USED  TO  FILE PERSONAL INCOME TAX
RETURNS TO REFLECT, IN THE AREA DESIGNATED FOR SELECTION OF OPTIONS  FOR
PROCESSING OF REFUNDS, THAT THE TAXPAYER HAS THE OPTION OF RECEIVING HIS
OR  HER  TAX  REFUND BY PERSONAL CHECK AND SHALL PROVIDE A BOX WHICH THE
TAXPAYER MAY CHECK TO SELECT THAT OPTION.
  (D) IN ANY WRITTEN NOTICE REGARDING A PREPAID DEBIT CARD  PROGRAM  FOR
THE  PAYMENT  OF TAX REFUNDS, THE DEPARTMENT SHALL DESCRIBE TO TAXPAYERS
ALL OF THE FEATURES OF THE DEBIT CARD PROGRAM (E.G., WITHDRAWAL  AT  ANY
ATM  OR  POINT-OF-SALE  USE),  INCLUDING  ANY  FEE  OR FEES WHICH MAY BE
CHARGED TO THE TAXPAYER IN ACCESSING HIS OR HER TAX REFUND.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

Co-Sponsors

S5140B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6997B
Law Section:
Tax Law
Laws Affected:
Add §3013, Tax L

S5140B (ACTIVE) - Bill Texts

view summary

Establishes the taxpayer refund choice act and affirms the right of state residents to receive personal income tax refunds by paper check and requires the department to fully describe any debit card or direct deposit program.

view sponsor memo
BILL NUMBER:S5140B

TITLE OF BILL:
An act
to amend the tax law, in relation to
establishing the taxpayer refund choice act and
affirming the right of state
residents to receive personal income tax refunds
by paper check
and requiring the department of taxation and finance to
fully describe any debit card or direct deposit program; and
providing for the repeal of such provisions upon expiration thereof

PURPOSE:
To ensure the right of state residents to continue to receive personal
income tax refunds by paper check in addition to any other options
that may be offered.

SUMMARY OF PROVISIONS:
Adds a new section 3013 to the Tax Law to provide that,
notwithstanding the adoption by the Tax Commissioner of any prepaid
debit card or direct deposit program for payment of personal income
tax refunds, all taxpayers are entitled: (1) to receive their
personal income tax refund by paper check; and (2) to opt out of any
prepaid debit card or direct deposit program.

The Department shall provide taxpayers with a clear written statement
setting forth these rights. If the Department implements a program to
pay refunds by prepaid debit card or direct deposit, the income tax
forms shall indicate that the taxpayer has the option of receiving
his or her refund by various methods, including by personal check,
and boxes shall be provided on the income tax forms to allow the
person to select the desired option.

In any written notice regarding prepaid debit cards, the Tax
Department shall describe all features of such program, such as
provisions and fees regarding making withdrawals at ATMs or making
purchases at the point of sale.

JUSTIFICATION:
Every year millions of New Yorkers overpay their state and local taxes
on the wages they receive. These overpaid funds remain the rightful
property of the taxpayers. Taxpayers are entitled to the timely
refund of their overpayment and should be able to receive their
refunds in a manner that is most convenient, understandable and best
suited to their individual financial needs.

Currently, the New York State Department of Taxation and Finance plans
to transition all personal income tax refund payments to a mandatory
direct deposit/prepaid debit card platform.
Although prepaid card programs may appear to be attractive due to

potential cost savings to the agency itself, they include fees and
costs to taxpayers which may be difficult to understand or keep track
of, including ATM usage fees, negative balance fees, bank fees and
other charges.
Additionally, many taxpayers do not have bank accounts or convenient
access to bank branches in their communities. Due to minimum balance
requirements, overdraft fees, and other requirements, many low and
moderate income consumers are unable to maintain bank accounts, and
likely do not have access to direct deposit accounts. Thus, any
program that forces New Yorkers to receive tax refunds in a manner
that is not suited to their individual circumstances will negatively
and disproportionately impact low-and moderate-income citizens and
their communities.

It is the existing policy of the State of New York that its citizens
have the choice to receive their wages in the manner which best suits
their needs. Existing state law requires that private employers, who
seek to utilize prepaid debit "payroll" cards for delivery of
employee wages, must offer their employees the ability to "opt-out"
of such payroll card programs and the right to continue to receive
paper checks. Likewise, these same considerations should also be
extended to taxpayers who are owed personal income tax refunds.

FISCAL IMPLICATIONS:
This legislation should not result in additional
costs, since refunds are already being paid via direct deposit and
personal checks.

EFFECTIVE DATE:
The ninetieth day after it shall have become law, and
shall expire and be deemed repealed five years after such effective
date.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5140--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sens. FARLEY, DeFRANCISCO, GRIFFO, GRISANTI -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to  establishing  the  taxpayer
  refund  choice  act  and  affirming  the  right  of state residents to
  receive personal income tax refunds by paper check and  requiring  the
  department of taxation and finance to fully describe any debit card or
  direct   deposit  program;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section  1.  This act shall be known and may be cited as the "taxpayer
refund choice act".
  S 2. The tax law is amended by adding a new section 3013  to  read  as
follows:
  S  3013. METHOD OF PAYMENT OF PERSONAL INCOME TAX REFUNDS; NOTICE. (A)
NOTWITHSTANDING THE ADOPTION BY THE COMMISSIONER OF  ANY  PREPAID  DEBIT
CARD  OR  DIRECT  DEPOSIT  PROGRAM  FOR  PAYMENT  OF PERSONAL INCOME TAX
REFUNDS, ALL TAXPAYERS ARE ENTITLED:
  (1) TO RECEIVE PERSONAL INCOME TAX REFUNDS BY PAPER CHECK; AND
  (2) TO OPT OUT OF ANY PREPAID DEBIT CARD OR DIRECT DEPOSIT PROGRAM FOR
PAYMENT OF TAX REFUNDS.
  (B) THE DEPARTMENT SHALL PROVIDE TAXPAYERS WITH A CLEAR WRITTEN STATE-
MENT SETTING FORTH THE TAXPAYER'S RIGHT:
  (1) TO RECEIVE TAX REFUND PAYMENTS BY PAPER CHECK; AND
  (2) TO OPT OUT OF ANY PREPAID DEBIT CARD OR DIRECT DEPOSIT PROGRAM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10324-08-1

S. 5140--B                          2

  (C) IN THE EVENT THAT THE COMMISSIONER ELECTS TO IMPLEMENT  A  PROGRAM
PROVIDING  FOR  PAYMENT  OF PERSONAL INCOME TAX REFUNDS BY PREPAID DEBIT
CARD OR DIRECT DEPOSIT TO A DESIGNATED  ACCOUNT  OF  THE  TAXPAYER,  THE
DEPARTMENT  SHALL  AMEND  THE  FORMS  USED  TO  FILE PERSONAL INCOME TAX
RETURNS  TO REFLECT, IN THE AREA DESIGNATED FOR SELECTION OF OPTIONS FOR
PROCESSING OF REFUNDS, THAT THE TAXPAYER HAS THE OPTION OF RECEIVING HIS
OR HER TAX REFUND BY PERSONAL CHECK AND SHALL PROVIDE A  BOX  WHICH  THE
TAXPAYER MAY CHECK TO SELECT THAT OPTION.
  (D)  IN  ANY WRITTEN NOTICE REGARDING A PREPAID DEBIT CARD PROGRAM FOR
THE PAYMENT OF TAX REFUNDS, THE DEPARTMENT SHALL DESCRIBE  TO  TAXPAYERS
ALL  OF  THE FEATURES OF THE DEBIT CARD PROGRAM (E.G., WITHDRAWAL AT ANY
ATM OR POINT-OF-SALE USE), INCLUDING  ANY  FEE  OR  FEES  WHICH  MAY  BE
CHARGED TO THE TAXPAYER IN ACCESSING HIS OR HER TAX REFUND.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be  deemed  repealed  five  years
after such effective date.

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