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

                                         6217

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 26, 2009
                                      ___________

       Introduced  by  M. of A. BARRA, KOLB, WALKER -- Multi-Sponsored by -- M.
         of A. TOWNSEND -- read once and referred to the Committee on Aging

       AN ACT to amend the elder law, in relation to reports by the office  for
         the  aging  regarding  assistance  to  families for caring for elderly
         dependents and to amend the tax law, in relation to providing an addi-
         tional personal income  tax  exemption  for  resident  individuals  in
         certain cases

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1.  Legislative  intent.  The  legislature  hereby  finds  and
    2  declares  that  existing  programs to encourage the elderly to remain in
    3  their own homes or the homes of caring relatives, including the informal
    4  caregivers and respite programs, as  well  as  other  programs  provided
    5  under  the auspices of the state office for the aging to provide assist-
    6  ance to families to care for their elderly, could  be  enhanced  by  the
    7  provision  of  an  additional incentive to families to further stimulate
    8  the retention of the elderly at home and that limited  financial  relief
    9  to  families offered in conjunction with existing programs, would result
   10  in closer familial ties and a more satisfactory life for our elderly.
   11    The legislature further finds and declares that the creation, enhance-
   12  ment and stimulation of such programs is to the benefit of the public as
   13  well as to the individual family, and that  such  creation,  enhancement
   14  and  stimulation  aid  in maintaining the dignity and quality of life of
   15  aged and elderly persons.
   16    The legislature additionally finds and declares that such creation  of
   17  programs  and  enhancement  of  other existing programs should include a
   18  recognition of the financial commitment and obligation  of  the  family,
   19  and  that  the  state has a moral obligation to be of assistance in such
   20  situations, and that although the state can in no manner place a  finan-
   21  cial value on the provision of assistance by a family to its elderly and

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08026-01-9
       A. 6217                             2

    1  aged  relatives,  the  state  can and should recognize that such efforts
    2  inure not only to the family's but also the general public's good.
    3    S  2. Section 213 of the elder law is amended by adding a new subdivi-
    4  sion 6 to read as follows:
    5    6. THE OFFICE FOR THE AGING SHALL BIENNIALLY REPORT  TO  THE  GOVERNOR
    6  AND  LEGISLATURE CONCERNING THE EFFECTS OF SUBSECTION (C) OF SECTION SIX
    7  HUNDRED SIXTEEN OF THE TAX LAW ON PROGRAMS OFFERED UNDER THE AUSPICES OR
    8  WITH THE SUPPORT, DIRECT OR INDIRECT, OF THE OFFICE FOR THE AGING.  SUCH
    9  REPORT  SHALL INCLUDE, BUT NOT BE LIMITED TO, THE USE OR NON-USE OF THIS
   10  INCENTIVE IN COORDINATION WITH SUCH PROGRAMS, THE EXTENT TO  WHICH  THIS
   11  INCENTIVE  HAS  AIDED FAMILIES IN CARING FOR ELDERLY DEPENDENTS, COORDI-
   12  NATION BY THE OFFICE OF THE AVAILABILITY OF THIS ASSISTANCE  WITH  OTHER
   13  PROGRAMS  FOR THE AGED AND RECOMMENDATIONS FOR PUBLIC INFORMATION ACTIV-
   14  ITIES.
   15    S 3. Section 616 of the tax law is amended by adding a new  subsection
   16  (c) to read as follows:
   17    (C)  ADDITIONAL EXEMPTION.  IN ADDITION TO THE EXEMPTIONS PROVIDED FOR
   18  IN  SUBSECTION  (A)  OF  THIS  SECTION,  A  RESIDENT INDIVIDUAL SHALL BE
   19  ALLOWED A NEW YORK  EXEMPTION  IN  AN  AMOUNT  EQUAL  TO  THE  EXEMPTION
   20  PROVIDED FOR IN SUBSECTION (A) OF THIS SECTION FOR EACH DEPENDENT WHO IS
   21  OF  THE AGE OF SIXTY-FIVE OR OLDER, WHO RESIDES WITH SUCH RESIDENT INDI-
   22  VIDUAL, AND FOR WHOM THE RESIDENT INDIVIDUAL IS ENTITLED TO AN EXEMPTION
   23  FOR THE TAXABLE YEAR FOR FEDERAL INCOME TAX PURPOSES, PROVIDED  HOWEVER,
   24  THAT  IF  THE NEW YORK INCOME TAXES OF A HUSBAND AND WIFE ARE SEPARATELY
   25  DETERMINED BUT THEIR FEDERAL INCOME TAX IS DETERMINED ON A JOINT RETURN,
   26  ONLY ONE OF THEM, AT THEIR OPTION, SHALL BE ENTITLED TO  THE  ADDITIONAL
   27  EXEMPTION PROVIDED FOR HEREIN.
   28    S  4.    This act shall take effect immediately, and the provisions of
   29  sections two and three of this act shall apply to taxable  years  begin-
   30  ning one year after the effective date of this act.