Bill Text: NY A00398 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 398 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Relates to ALS (Amyotrophic Lateral Sclerosis) research and education; creates the New York ALS research and education fund.

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Passed) 2018-10-01 - signed chap.290 [A00398 Detail]

Download: New_York-2017-A00398-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                           398
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by M. of A. GUNTHER, ROSENTHAL, JAFFEE, SCHIMMINGER, RIVERA,
          PERRY, BRAUNSTEIN, MAYER, CURRAN -- read  once  and  referred  to  the
          Committee on Ways and Means
        AN  ACT  to  amend the tax law and the state finance law, in relation to
          ALS (Amyotrophic Lateral Sclerosis) research and education
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  tax  law is amended by adding a new section 209-K to
     2  read as follows:
     3    § 209-K. Gift for ALS research and education.  Effective for  any  tax
     4  year  commencing  on  or  after  January first, two thousand eighteen, a
     5  taxpayer in any taxable year may elect to contribute to the  support  of
     6  the  New  York  state  ALS  (Amyotrophic Lateral Sclerosis) research and
     7  education fund. Such contribution shall be in any  whole  dollar  amount
     8  and  shall not reduce the amount of the state tax owed by such taxpayer.
     9  The commissioner shall include space on the corporate income tax  return
    10  to  enable  a  taxpayer  to  make such contribution. Notwithstanding any
    11  other provision of law, all revenues collected pursuant to this  section
    12  shall  be credited to the New York state ALS research and education fund
    13  and shall be used only for those purposes enumerated in section  ninety-
    14  five-i of the state finance law.
    15    §  2.  The tax law is amended by adding a new section 630-e to read as
    16  follows:
    17    § 630-e. Gift for ALS research and education.  Effective for  any  tax
    18  year  commencing  on  or  after January first, two thousand eighteen, an
    19  individual in any taxable year may elect to contribute to the  New  York
    20  state  ALS  (Amyotrophic Lateral Sclerosis) research and education fund.
    21  Such contribution shall be in any whole  dollar  amount  and  shall  not
    22  reduce the amount of state tax owed by such individual. The commissioner
    23  shall  include  space  on  the  personal  income  tax return to enable a
    24  taxpayer to make such contribution.  Notwithstanding any other provision
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01854-01-7

        A. 398                              2
     1  of law all revenues collected pursuant to this section shall be credited
     2  to the New York state ALS research and education fund and used only  for
     3  those  purposes enumerated in section ninety-five-i of the state finance
     4  law.
     5    §  3. The state finance law is amended by adding a new section 95-i to
     6  read as follows:
     7    § 95-i. New York state ALS research and education fund. 1.   There  is
     8  hereby  established in the joint custody of the commissioner of taxation
     9  and finance and the comptroller, a special fund to be known as  the  New
    10  York  state  ALS  (Amyotrophic Lateral Sclerosis) research and education
    11  fund.
    12    2. Such fund shall consist of all revenues received  pursuant  to  the
    13  provisions  of  sections  two hundred nine-K and six hundred thirty-e of
    14  the tax law, all revenues received pursuant  to  appropriations  by  the
    15  legislature, and all moneys appropriated, credited, or transferred ther-
    16  eto from any other fund or source pursuant to law.  Nothing contained in
    17  this  section  shall  prevent  the state from receiving grants, gifts or
    18  bequests for the purposes of the fund as defined  in  this  section  and
    19  depositing them into the fund according to law. Any interest received by
    20  the  comptroller  on moneys on deposit in such fund shall be retained in
    21  and become part of such fund.
    22    3. Moneys of the fund shall be expended only to provide grants to  the
    23  Greater  New  York  ALS  Association and the ALS Association Upstate New
    24  York Chapter, not-for-profit  corporations  established  in  this  state
    25  which  are  incorporated  for the purpose of advancing and financing ALS
    26  research and education projects, provided that moneys of the fund  shall
    27  be  expended  only  in support of the Greater New York ALS Association's
    28  ALSA Certified Treatment Centers of Excellence located in New York state
    29  or otherwise in support of the Greater New York ALS  Association's  work
    30  in New York state.
    31    4.  On  or before the first day of February each year, the comptroller
    32  shall certify to the governor, temporary president of the senate, speak-
    33  er of the assembly, chair of the senate finance committee and  chair  of
    34  the  assembly ways and means committee, the amount of money deposited by
    35  source in the New York state ALS research and education fund during  the
    36  preceding  calendar  year  as  the result of revenue derived pursuant to
    37  sections two hundred nine-K and six hundred thirty-e of the tax law  and
    38  from  all  other sources, as well as all disbursements from the New York
    39  state ALS research and education  fund  during  the  preceding  calendar
    40  year.  The comptroller shall expend funds in the year in which they were
    41  donated to the extent practicable. In the event that any such funds were
    42  not expended in the year in which they  were  donated,  the  comptroller
    43  shall  provide  justification,  along with a remedial plan to ensure the
    44  timely and effective use of the funds in the annual report to the gover-
    45  nor, temporary president of the senate, speaker of the  assembly,  chair
    46  of the senate finance committee and chair of the assembly ways and means
    47  committee.
    48    5.  As  a condition of receiving grants from the fund, the Greater New
    49  York ALS Association and the ALS Association Upstate  New  York  Chapter
    50  shall  agree  to  issue  and  shall issue, on or before the first day of
    51  February each year, a report including, but not  limited  to,  financial
    52  statements,  financial  reports  and  reports on the issuance of grants.
    53  Such reports shall be delivered to the governor and the  chairs  of  the
    54  senate  finance  committee and the assembly ways and means committee and
    55  shall also be made available to the public.  Such  financial  statements
    56  and reports shall be audited by a nationally recognized accounting firm.

        A. 398                              3
     1    6.  Moneys  shall be payable from the fund to the Greater New York ALS
     2  Association and the ALS  Association  Upstate  New  York  Chapter,  with
     3  sixty-five  percent of moneys in the fund to be allocated to the Greater
     4  New York ALS Association and thirty-five percent of moneys in  the  fund
     5  to  be  allocated  to the ALS Association Upstate New York Chapter on an
     6  annual basis, on the audit and warrant of the  comptroller  on  vouchers
     7  approved by the comptroller.
     8    § 4. This act shall take effect immediately.