Bill Text: NY S06209 | 2009-2010 | General Assembly | Amended
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) 2010-03-12 - PRINT NUMBER 6209A [S06209 Detail]
Download: New_York-2009-S06209-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6209--A 2009-2010 Regular Sessions I N S E N A T E October 9, 2009 ___________ Introduced by Sens. DIAZ, ADDABBO, ESPADA, HUNTLEY, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Finance in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14807-05-0 S. 6209--A 2 1 S 629-A. GIFT FOR NEW YORK STATE SENIORS TRUST FUND. EFFECTIVE FOR ANY 2 TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AN 3 INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK 4 STATE SENIORS TRUST FUND FOR THE COST ASSOCIATED WITH THE FUNDING OF THE 5 HOME DELIVERED MEALS PROGRAM ADMINISTERED BY THE NEW YORK STATE OFFICE 6 FOR THE AGING. THE CONTRIBUTION SHALL BE ONE DOLLAR AND SHALL NOT REDUCE 7 THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL 8 INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO 9 MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL 10 REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW 11 YORK STATE SENIORS TRUST FUND AND USED ONLY FOR THOSE PURPOSES ENUMER- 12 ATED IN SECTION NINETY-NINE-T OF THE STATE FINANCE LAW. 13 S 3. Subdivision 4 of section 1315 of the abandoned property law, as 14 added by section 3 of part P of chapter 62 of the laws of 2003, is 15 amended to read as follows: 16 4. Any amount representing an unpaid check or draft issued by the 17 state of New York which shall have remained unpaid after one year from 18 the date of issuance in accordance with section one hundred two of the 19 state finance law shall be deemed abandoned property and shall be paid 20 to the state comptroller, PROVIDED, HOWEVER, ANY AMOUNT DEEMED TO BE 21 ABANDONED PROPERTY PURSUANT TO THIS SUBDIVISION, WHICH HAD BEEN ISSUED 22 TO A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER, SHALL BE DEPOSITED INTO 23 THE NEW YORK STATE SENIORS TRUST FUND ESTABLISHED PURSUANT TO SECTION 24 NINETY-NINE-T OF THE STATE FINANCE LAW. 25 S 4. Subdivision 1 of section 300 of the abandoned property law is 26 amended by adding a new paragraph (a-1) to read as follows: 27 (A-1) ANY AMOUNTS DETERMINED TO BE ABANDONED PROPERTY PURSUANT TO 28 PARAGRAPH (A) OF THIS SUBDIVISION, WHICH WERE ENTITLED TO A PERSON 29 SIXTY-FIVE YEARS OF AGE OR OLDER, SHALL BE DEPOSITED INTO THE NEW YORK 30 STATE SENIORS TRUST FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T 31 OF THE STATE FINANCE LAW. 32 S 5. Subdivision (c) of section 904 of the civil practice law and 33 rules, as added by chapter 207 of the laws of 1975, is amended to read 34 as follows: 35 (c) The content of the notice shall be subject to court approval, 36 PROVIDED, HOWEVER, THAT IN ACTION SEEKING A MONETARY JUDGMENT, SUCH 37 NOTICE SHALL INCLUDE A SPACE TO ENABLE THE MEMBER OF THE CLASS TO 38 CONTRIBUTE THE PORTION OF THE MONETARY JUDGMENT TO WHICH THEY ARE ENTI- 39 TLED TO THE NEW YORK STATE SENIORS TRUST FUND. In determining the method 40 by which notice is to be given, the court shall consider 41 I. the cost of giving notice by each method considered 42 II. the resources of the parties and 43 III. the stake of each represented member of the class, and the like- 44 lihood that significant numbers of represented members would desire to 45 exclude themselves from the class or to appear individually, which may 46 be determined, in the court's discretion, by sending notice to a random 47 sample of the class. 48 S 6. The civil practice law and rules is amended by adding a new 49 section 905-a to read as follows: 50 S 905-A. CONTRIBUTIONS TO THE NEW YORK STATE SENIORS TRUST FUND. 51 WHERE A MONETARY JUDGMENT HAS BEEN AWARDED TO A CLASS, AND A MEMBER OR 52 MEMBERS OF SUCH CLASS CHOOSES TO CONTRIBUTE THE PORTION OF THE JUDGMENT 53 TO WHICH THEY ARE ENTITLED TO THE NEW YORK STATE SENIORS TRUST FUND 54 PURSUANT TO SUBDIVISION (C) OF SECTION NINE HUNDRED FOUR OF THIS ARTI- 55 CLE, ALL SUCH MONIES SHALL BE DEPOSITED INTO THE NEW YORK STATE SENIORS S. 6209--A 3 1 TRUST FUND ESTABLISHED IN SECTION NINETY-NINE-T OF THE STATE FINANCE 2 LAW. 3 S 7. This act shall take effect on the ninetieth day after it shall 4 have become a law.