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S05140 Summary:

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S05140 Floor Votes:

S05140 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5140--B
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       May 3, 2011
                                       ___________
 
        Introduced  by Sens. FARLEY, DeFRANCISCO, GRIFFO, GRISANTI -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Investigations and Government Operations -- reported favorably from
          said committee and committed to the Committee on Finance --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted

          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the tax law, in relation to  establishing  the  taxpayer
          refund  choice  act  and  affirming  the  right  of state residents to
          receive personal income tax refunds by paper check and  requiring  the
          department of taxation and finance to fully describe any debit card or
          direct   deposit  program;  and  providing  for  the  repeal  of  such
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This act shall be known and may be cited as the "taxpayer
     2  refund choice act".
     3    § 2. The tax law is amended by adding a new section 3013  to  read  as
     4  follows:

     5    §  3013. Method of payment of personal income tax refunds; notice. (a)
     6  Notwithstanding the adoption by the commissioner of  any  prepaid  debit
     7  card  or  direct  deposit  program  for  payment  of personal income tax
     8  refunds, all taxpayers are entitled:
     9    (1) to receive personal income tax refunds by paper check; and
    10    (2) to opt out of any prepaid debit card or direct deposit program for
    11  payment of tax refunds.
    12    (b) The department shall provide taxpayers with a clear written state-
    13  ment setting forth the taxpayer's right:
    14    (1) to receive tax refund payments by paper check; and
    15    (2) to opt out of any prepaid debit card or direct deposit program.
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10324-08-1
        S. 5140--B                          2
 
     1    (c) In the event that the commissioner elects to implement  a  program
     2  providing  for  payment  of personal income tax refunds by prepaid debit
     3  card or direct deposit to a designated  account  of  the  taxpayer,  the
     4  department  shall  amend  the  forms  used  to  file personal income tax
     5  returns  to reflect, in the area designated for selection of options for
     6  processing of refunds, that the taxpayer has the option of receiving his

     7  or her tax refund by personal check and shall provide a  box  which  the
     8  taxpayer may check to select that option.
     9    (d)  In  any written notice regarding a prepaid debit card program for
    10  the payment of tax refunds, the department shall describe  to  taxpayers
    11  all  of  the features of the debit card program (e.g., withdrawal at any
    12  ATM or point-of-sale use), including  any  fee  or  fees  which  may  be
    13  charged to the taxpayer in accessing his or her tax refund.
    14    §  3.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law and shall expire and be  deemed  repealed  five  years
    16  after such effective date.