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

                                  9435

                          I N  A S S E M B L Y

                              March 1, 2012
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Aging

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-u to read as follows:
  S 99-U. 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 THIRTEEN, 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

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

                                                           LBD03247-03-2

A. 9435                             2

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-U 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-U 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-U
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-U OF THE STATE FINANCE
LAW.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.