S T A T E O F N E W Y O R K
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2819
2013-2014 Regular Sessions
I N A S S E M B L Y
January 18, 2013
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Introduced by M. of A. WRIGHT, TITUS, STEVENSON, ROBERTS, CASTRO, CRES-
PO, AUBRY, BARRON, TITONE, CLARK, BOYLAND, COOK -- Multi-Sponsored by
-- M. of A. FARRELL, GIBSON, GLICK, GOODELL, HOOPER, ROBINSON -- read
once and referred to the Committee on Ways and Means
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00769-01-3
A. 2819 2
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
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 FIFTEEN 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 THIRTEEN, THERE IS HEREBY ESTABLISHED A VOLUN-
TARY 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 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
A. 2819 3
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.
(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.