A02819 Summary:

BILL NOA02819
 
SAME ASNo same as
 
SPONSORWright (MS)
 
COSPNSRTitus, Roberts, Crespo, Aubry, Titone, Clark, Cook, Perry
 
MLTSPNSRFarrell, Glick, Goodell, Gunther, Hooper, Robinson
 
Add Art 10-E S483-ff, Soc Serv L; add S1105-D, Tax L
 
Establishes a hospitality gift fund for the homeless.
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A02819 Actions:

BILL NOA02819
 
01/18/2013referred to ways and means
01/08/2014referred to ways and means
06/17/2014held for consideration in ways and means
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A02819 Floor Votes:

There are no votes for this bill in this legislative session.
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A02819 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2819
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2013
                                       ___________
 
        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:
 
     1    Section 1. The social services law is amended by adding a new  article
     2  10-E to read as follows:
     3                                 ARTICLE 10-E
     4                   HOSPITALITY GIFT FUND FOR THE HOMELESS
     5  Section 483-ff. Hospitality gift fund for the homeless.
     6    §  483-ff.  Hospitality gift fund for the homeless. 1. There is hereby
     7  established in the joint custody of the comptroller and the commissioner
     8  of taxation and finance in the state treasury  a  special  fund,  to  be
     9  known as the hospitality gift fund for the homeless, which shall consist

    10  of  and into which shall be paid all moneys derived from voluntary hotel
    11  unit fees collected by certain registered hotel operators  specified  in
    12  section  eleven  hundred five-D of the tax law, and such other moneys as
    13  may be paid into said fund from any source pursuant to law.  The  moneys
    14  in  such  fund  shall  be expended only for grants to and contracts with
    15  not-for-profit  tax-exempt  entities  for  the  purpose  of   delivering
    16  services  to  the  homeless and those at risk of becoming homeless. Upon
    17  appropriation by the legislature, the department may make such moneys or
    18  any portion thereof available pursuant to a request for proposals issued
    19  at least once every two years. All payments from such fund shall be made

    20  by the department of taxation  and  finance  after  audit  by  and  upon
    21  warrant of the comptroller, on vouchers approved by the commissioner.
    22    2. The commissioner is authorized to accept, in the name of the people
    23  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
 
     1  such hospitality gift fund for the  homeless  and  to  be  expended  and
     2  disbursed as provided in subdivision one of this section.
     3    3.  Gifts or bequests from private individuals, corporations, or foun-

     4  dations deposited in the hospitality gift fund for the homeless  may  be
     5  invested  by the comptroller pursuant to the provisions of section nine-
     6  ty-eight-a of the state finance law. Any income  from  such  investments
     7  shall  be  deposited  to the credit of the hospitality gift fund for the
     8  homeless.
     9    4. Funds awarded to not-for-profit tax exempt entities pursuant to the
    10  provisions of subdivision one of this section shall be used  to  supple-
    11  ment and not to supplant other federal, state or local funds.
    12    5.  No  less than eighty-five percent of the total moneys appropriated
    13  by the legislature for the hospitality gift fund for the homeless  shall
    14  be  allocated  through executed grants and contracts with not-for-profit

    15  tax-exempt entities within any fiscal year.
    16    6. On or before February first, two thousand fifteen and on or  before
    17  February  first  of  each  year thereafter in which contracts under this
    18  article are in force, the commissioner shall submit to the governor, the
    19  temporary president of the senate and the  speaker  of  the  assembly  a
    20  report  detailing  progress  and  evaluating  results,  to  date, of the
    21  program, including the amounts deposited into the hospitality gift  fund
    22  for  the  homeless from voluntary hotel unit fees and any other sources.
    23  Such report shall include, but not be limited to a review of  the  basis
    24  for  selection  of  eligible applicants; the number of persons served; a

    25  review of the services provided to prevent homelessness, provide immedi-
    26  ate assistance to homeless families and individuals and to help homeless
    27  households move into and remain in permanent housing, including  a  list
    28  of  the  number  of  persons  and  families,  by  project,  who received
    29  services; an identification of the estimated savings of the  program  to
    30  the  state  and localities; and an evaluation of the continuing need for
    31  the various services funded through the hospitality gift  fund  for  the
    32  homeless.
    33    §  2. The tax law is amended by adding a new section 1105-D to read as
    34  follows:
    35    § 1105-D. Voluntary hotel unit fee. (a) Collection. In addition to any
    36  fee or tax imposed by this article or any other law, on and after  Octo-

    37  ber  first,  two thousand thirteen, there is hereby established a volun-
    38  tary hotel unit fee on every occupancy of a unit in a hotel at the  rate
    39  of  two dollars per unit per day, except that such unit fee shall not be
    40  established upon:
    41    (1) occupancy by a permanent resident; or
    42    (2) where the rent per unit is not  more  than  at  the  rate  of  two
    43  dollars per day; or
    44    (3)  where a hotel operator fails to register with the commissioner as
    45  a unit fee collection agent; or
    46    (4) where a hotel occupant fails to authorize payment of the unit  fee
    47  in writing.
    48    (b)  Administration. The unit fee established by this section shall be
    49  administered and collected in a like manner as the tax imposed by subdi-

    50  vision (e) of section eleven hundred five of this part.
    51    (c) Deposit and disposition of revenue. Notwithstanding any  provision
    52  of  law  to  the  contrary,  the  fees  established  by this section and
    53  received by the commissioner,  after  deducting  the  amount  which  the
    54  commissioner  shall  determine  to  be necessary for reasonable costs to
    55  administer, collect and distribute such fees, shall be  deposited  daily
    56  with  such  responsible banks, banking houses or trust companies, as may

        A. 2819                             3
 
     1  be designated by the comptroller, to the credit of the  comptroller,  to
     2  be  held in trust for quarterly deposit in the hospitality gift fund for

     3  the homeless established pursuant to section four hundred  eighty-three-
     4  ff of the social services law.
     5    (d)  Regulation.  The commissioner shall establish by regulation rules
     6  for the notification of hotel operators and hotel occupants of the  unit
     7  fee  and  registration  requirement  established by this section, and is
     8  authorized to make or repeal any rule or regulation necessary to  imple-
     9  ment the provisions of this section.
    10    § 3. This act shall take effect immediately.
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