Bill Text: NY S00126 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to establishing the New York state seniors trust fund and directing certain moneys to be deposited into such fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-05 - PRINT NUMBER 126A [S00126 Detail]
Download: New_York-2011-S00126-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
126
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
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:
1 Section 1. The state finance law is amended by adding a new section
2 99-t to read as follows:
3 S 99-T. NEW YORK STATE SENIORS TRUST FUND. 1. THERE IS HEREBY ESTAB-
4 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
5 ER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK STATE
6 SENIORS TRUST FUND.
7 2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
8 OF SUCH FUND AND ALL MONEYS TRANSFERRED TO SUCH FUND PURSUANT TO SECTION
9 SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW.
10 3. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
11 CATION ONLY UPON APPROVAL OF THE DIRECTOR OF THE NEW YORK STATE OFFICE
12 FOR THE AGING, FOR ALL COSTS ASSOCIATED WITH THE FUNDING OF THE HOME
13 DELIVERED MEALS PROGRAM ADMINISTERED BY THE NEW YORK STATE OFFICE FOR
14 THE AGING.
15 4. THE MONEYS OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
16 OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE DIRECTOR OF
17 THE NEW YORK STATE OFFICE FOR THE AGING OR HIS OR HER DULY DESIGNATED
18 REPRESENTATIVE.
19 S 2. The tax law is amended by adding a new section 629-a to read as
20 follows:
21 S 629-A. GIFT FOR NEW YORK STATE SENIORS TRUST FUND. EFFECTIVE FOR ANY
22 TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE, AN
23 INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK
24 STATE SENIORS TRUST FUND FOR THE COST ASSOCIATED WITH THE FUNDING OF THE
25 HOME DELIVERED MEALS PROGRAM ADMINISTERED BY THE NEW YORK STATE OFFICE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03247-01-1
S. 126 2
1 FOR THE AGING. THE CONTRIBUTION SHALL BE ONE DOLLAR AND SHALL NOT REDUCE
2 THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
3 INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO
4 MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL
5 REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW
6 YORK STATE SENIORS TRUST FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
7 ATED IN SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.
8 S 3. Subdivision 4 of section 1315 of the abandoned property law, as
9 amended by section 2 of part II of chapter 57 of the laws of 2010, is
10 amended to read as follows:
11 4. Any amount representing an unpaid check or draft issued by the
12 state of New York which shall have remained unpaid after one year from
13 the date of issuance in accordance with section one hundred two of the
14 state finance law shall be deemed abandoned property and shall be paid
15 to the state comptroller, PROVIDED, HOWEVER, ANY AMOUNT DEEMED TO BE
16 ABANDONED PROPERTY PURSUANT TO THIS SUBDIVISION, WHICH HAD BEEN ISSUED
17 TO A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER, SHALL BE DEPOSITED INTO
18 THE NEW YORK STATE SENIORS TRUST FUND ESTABLISHED PURSUANT TO SECTION
19 NINETY-NINE-T OF THE STATE FINANCE LAW.
20 S 4. Subdivision 1 of section 300 of the abandoned property law is
21 amended by adding a new paragraph (a-1) to read as follows:
22 (A-1) ANY AMOUNTS DETERMINED TO BE ABANDONED PROPERTY PURSUANT TO
23 PARAGRAPH (A) OF THIS SUBDIVISION, WHICH WERE ENTITLED TO A PERSON
24 SIXTY-FIVE YEARS OF AGE OR OLDER, SHALL BE DEPOSITED INTO THE NEW YORK
25 STATE SENIORS TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T
26 OF THE STATE FINANCE LAW.
27 S 5. Subdivision (c) of section 904 of the civil practice law and
28 rules, as added by chapter 207 of the laws of 1975, is amended to read
29 as follows:
30 (c) The content of the notice shall be subject to court approval,
31 PROVIDED, HOWEVER, THAT IN ACTION SEEKING A MONETARY JUDGMENT, SUCH
32 NOTICE SHALL INCLUDE A SPACE TO ENABLE THE MEMBER OF THE CLASS TO
33 CONTRIBUTE THE PORTION OF THE MONETARY JUDGMENT TO WHICH THEY ARE ENTI-
34 TLED TO THE NEW YORK STATE SENIORS TRUST FUND. In determining the method
35 by which notice is to be given, the court shall consider
36 I. the cost of giving notice by each method considered
37 II. the resources of the parties and
38 III. the stake of each represented member of the class, and the like-
39 lihood that significant numbers of represented members would desire to
40 exclude themselves from the class or to appear individually, which may
41 be determined, in the court's discretion, by sending notice to a random
42 sample of the class.
43 S 6. The civil practice law and rules is amended by adding a new
44 section 905-a to read as follows:
45 S 905-A. CONTRIBUTIONS TO THE NEW YORK STATE SENIORS TRUST FUND.
46 WHERE A MONETARY JUDGMENT HAS BEEN AWARDED TO A CLASS, AND A MEMBER OR
47 MEMBERS OF SUCH CLASS CHOOSES TO CONTRIBUTE THE PORTION OF THE JUDGMENT
48 TO WHICH THEY ARE ENTITLED TO THE NEW YORK STATE SENIORS TRUST FUND
49 PURSUANT TO SUBDIVISION (C) OF SECTION NINE HUNDRED FOUR OF THIS ARTI-
50 CLE, ALL SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE SENIORS
51 TRUST FUND ESTABLISHED IN SECTION NINETY-NINE-T OF THE STATE FINANCE
52 LAW.
53 S 7. This act shall take effect on the ninetieth day after it shall
54 have become a law.
