STATE OF NEW YORK ________________________________________________________________________ 926 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. WALSH, BLANKENBUSH, GIGLIO -- Multi-Sponsored by -- M. of A. FINCH, FITZPATRICK, KOLB, McDONOUGH, ZEBROWSKI -- 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 providing for taxpayer gifts for the Helping Our Military in Emergen- cies (HOME) fund and establishing such fund 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-M to 2 read as follows: 3 § 209-M. Gift for Helping Our Military in Emergencies (HOME). Effec- 4 tive for any tax year commencing on or after January first, two thousand 5 twenty, a taxpayer in any taxable year may elect to contribute to the 6 support of the Helping Our Military in Emergencies (HOME) fund. Such 7 contribution shall be in any whole dollar amount and shall not reduce 8 the amount of the state tax owed by such taxpayer. The commissioner 9 shall include space on the corporate income tax return to enable a 10 taxpayer to make such contribution. Notwithstanding any other provision 11 of law, all revenues collected pursuant to this section shall be credit- 12 ed to the Helping Our Military in Emergencies (HOME) fund and shall be 13 used only for those purposes enumerated in section eighty-nine-i of the 14 state finance law. 15 § 2. The tax law is amended by adding a new section 630-g to read as 16 follows: 17 § 630-g. Gift for Helping Our Military in Emergencies (HOME). Effec- 18 tive for any tax year commencing on or after January first, two thousand 19 twenty, an individual in any taxable year may elect to contribute to the 20 Helping Our Military in Emergencies (HOME) fund. Such contribution shall 21 be in any whole dollar amount and shall not reduce the amount of state 22 tax owed by such individual. The commissioner shall include space on the 23 personal income tax return to enable a taxpayer to make such contrib- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02828-01-9A. 926 2 1 ution. Notwithstanding any other provision of law all revenues 2 collected pursuant to this section shall be credited to the Helping Our 3 Military in Emergencies (HOME) fund and used only for those purposes 4 enumerated in section eighty-nine-i of the state finance law. 5 § 3. The state finance law is amended by adding a new section 89-i to 6 read as follows: 7 § 89-i. Helping Our Military in Emergencies (HOME) 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 10 "Helping Our Military in Emergencies (HOME) fund". 11 2. Such fund shall consist of all revenues received by the department 12 of taxation and finance, pursuant to the provisions of section two 13 hundred nine-M and section six hundred thirty-g of the tax law and all 14 other moneys appropriated, credited, or transferred thereto from any 15 other fund or source pursuant to law. Nothing contained in this section 16 shall prevent the state from receiving grants, gifts or bequests for the 17 purposes of the fund as defined in this section and depositing them into 18 the fund according to law. 19 3. Monies of the fund shall be expended only to help families encount- 20 ering financial emergencies while their loved ones are serving in a 21 combat zone. As used in this section, "service in a combat zone" shall 22 mean military service in an area designated by the president of the 23 United States by executive order as a combat zone at any time during the 24 period designated by the president by executive order as, the period of 25 combatant activities in such zone. 26 4. Monies shall be payable from the fund on the audit and warrant of 27 the comptroller on vouchers approved and certified by the adjutant 28 general of the division of military and naval affairs. 29 5. To the extent practicable, the division of military and naval 30 affairs shall ensure that all monies received during a fiscal year are 31 expended prior to the end of that fiscal year. 32 § 4. This act shall take effect immediately.