Bill Text: NY S04942 | 2017-2018 | General Assembly | Introduced

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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) 2017-03-03 - REFERRED TO FINANCE [S04942 Detail]

Download: New_York-2017-S04942-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4942
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 3, 2017
                                       ___________
        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  98-d to read as follows:
     3    §  98-d.  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-b 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    §  2.  The tax law is amended by adding a new section 629-b to read as
    20  follows:
    21    § 629-b. Gift for New York state seniors trust fund. Effective for any
    22  tax year commencing on or after January first, two thousand nineteen, an
    23  individual in any taxable year may elect to contribute to the  New  York
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07176-01-7
        S. 4942                             2
     1  state seniors trust fund for the cost associated with the funding of the
     2  home  delivered  meals program administered by the New York state office
     3  for the aging. The contribution shall be one dollar and shall not reduce
     4  the  amount of state tax owed by such individual. The commissioner shall
     5  include space on the personal income tax return to enable a taxpayer  to
     6  make  such  contribution. Notwithstanding any other provision of law all
     7  revenues collected pursuant to this section shall be credited to the New
     8  York state seniors trust fund and used only for those  purposes  enumer-
     9  ated in section ninety-eight-d of the state finance law.
    10    §  3.  Subdivision 4 of section 1315 of the abandoned property law, as
    11  amended by section 19 of part U of chapter 61 of the laws  of  2011,  is
    12  amended to read as follows:
    13    4.  Any  amount  representing  an  unpaid check or draft issued by the
    14  state of New York which shall have remained unpaid after one  year  from
    15  the  date  of  issuance or a debit card issued on behalf of the state of
    16  New York for the purpose of paying a tax refund  which  shall  not  have
    17  been activated for one year from the date of issuance in accordance with
    18  section  one  hundred two of the state finance law shall be deemed aban-
    19  doned property and shall be paid to  the  state  comptroller,  provided,
    20  however,  any  amount  deemed  to be abandoned property pursuant to this
    21  subdivision, which had been issued to a person sixty-five years  of  age
    22  or  older, shall be deposited into the New York state seniors trust fund
    23  established pursuant to section ninety-eight-d of the state finance law.
    24    § 4. Subdivision 1 of section 300 of the  abandoned  property  law  is
    25  amended by adding a new paragraph (a-1) to read as follows:
    26    (a-1)  Any  amounts  determined  to  be abandoned property pursuant to
    27  paragraph (a) of this subdivision,  which  were  entitled  to  a  person
    28  sixty-five  years  of age or older, shall be deposited into the New York
    29  state seniors trust fund established pursuant to section  ninety-eight-d
    30  of the state finance law.
    31    §  5.  Subdivision  (c)  of  section 904 of the civil practice law and
    32  rules, as added by chapter 207 of the laws of 1975, is amended  to  read
    33  as follows:
    34    (c)  The  content  of  the  notice shall be subject to court approval,
    35  provided, however, that in action  seeking  a  monetary  judgment,  such
    36  notice  shall  include  a  space  to  enable  the member of the class to
    37  contribute the portion of the monetary judgment to which they are  enti-
    38  tled to the New York state seniors trust fund. In determining the method
    39  by which notice is to be given, the court shall consider
    40    I. the cost of giving notice by each method considered
    41    II. the resources of the parties and
    42    III.  the stake of each represented member of the class, and the like-
    43  lihood that significant numbers of represented members would  desire  to
    44  exclude  themselves  from the class or to appear individually, which may
    45  be determined, in the court's discretion, by sending notice to a  random
    46  sample of the class.
    47    §  6.  The  civil  practice  law  and rules is amended by adding a new
    48  section 905-a to read as follows:
    49    § 905-a. Contributions to the  New  York  state  seniors  trust  fund.
    50  Where  a  monetary judgment has been awarded to a class, and a member or
    51  members of such class chooses to contribute the portion of the  judgment
    52  to  which  they  are  entitled  to the New York state seniors trust fund
    53  pursuant to subdivision (c) of section nine hundred four of  this  arti-
    54  cle,  all such monies shall be deposited into the New York state seniors
    55  trust fund established in section ninety-eight-d of  the  state  finance
    56  law.
        S. 4942                             3
     1    §  7.  This  act shall take effect on the ninetieth day after it shall
     2  have become a law.