Bill Text: NY A04403 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for colon cancer education; establishes the colon cancer education fund; provides for colon cancer education.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Engrossed - Dead) 2012-05-31 - REFERRED TO HEALTH [A04403 Detail]
Download: New_York-2011-A04403-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4403
2011-2012 Regular Sessions
I N A S S E M B L Y
February 3, 2011
___________
Introduced by M. of A. CYMBROWITZ, CANESTRARI, WEISENBERG, HOYT, MILL-
MAN, CLARK, COLTON, SCHIMMINGER, V. LOPEZ, CAHILL -- Multi-Sponsored
by -- M. of A. COOK, DESTITO, GLICK, HOOPER, JACOBS, MAGEE, MAYERSOHN,
McENENY, ORTIZ, PHEFFER, SWEENEY, TOWNS -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, the tax law and the state finance
law, in relation to providing for taxpayer gifts for colon cancer
education and establishing the colon cancer education fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The public health law is amended by adding a new article
2 27-CCC to read as follows:
3 ARTICLE 27-CCC
4 COLON CANCER EDUCATION PROGRAM
5 SECTION 2746. COLON CANCER EDUCATION.
6 S 2746. COLON CANCER EDUCATION. THE COMMISSIONER SHALL ESTABLISH
7 WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE PATIENT EDUCATION REGARDING
8 COLON CANCER. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSION-
9 ER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
10 1. TO PROMOTE PATIENT EDUCATION PROGRAMS DESIGNED TO REDUCE OR PREVENT
11 THE INCIDENCE AND SEVERITY OF COLON CANCER;
12 2. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
13 ATIONS AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
14 TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS
15 BY THE STATE FINANCE LAW; AND
16 3. TO ENTER INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
17 MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
18 S 2. The tax law is amended by adding a new section 209-H to read as
19 follows:
20 S 209-H. GIFT FOR COLON CANCER EDUCATION. A TAXPAYER IN ANY TAXABLE
21 YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE COLON CANCER EDUCA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07797-01-1
A. 4403 2
1 TION FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND
2 SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER. THE
3 COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO
4 ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER
5 PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
6 BE CREDITED TO THE COLON CANCER EDUCATION FUND AND SHALL BE USED ONLY
7 FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-KKKK OF THE STATE
8 FINANCE LAW.
9 S 3. The tax law is amended by adding a new section 630-c to read as
10 follows:
11 S 630-C. GIFT FOR COLON CANCER EDUCATION. AN INDIVIDUAL IN ANY TAXA-
12 BLE YEAR MAY ELECT TO CONTRIBUTE TO THE COLON CANCER EDUCATION FUND.
13 SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT
14 REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER
15 SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A
16 TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION
17 OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
18 TO THE COLON CANCER EDUCATION FUND AND USED ONLY FOR THOSE PURPOSES
19 ENUMERATED IN SECTION NINETY-SEVEN-KKKK OF THE STATE FINANCE LAW.
20 S 4. The state finance law is amended by adding a new section 97-kkkk
21 to read as follows:
22 S 97-KKKK. COLON CANCER EDUCATION FUND. 1. THERE IS HEREBY ESTABLISHED
23 IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
24 COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "COLON CANCER EDUCATION
25 FUND".
26 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
27 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTIONS TWO
28 HUNDRED NINE-H AND SIX HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER
29 MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER
30 FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
31 PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
32 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
33 THE FUND ACCORDING TO LAW.
34 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COLON CANCER EDUCA-
35 TIONAL PROJECTS. AS USED IN THIS SECTION, "COLON CANCER EDUCATION
36 PROJECTS" MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR COLON CANCER
37 EDUCATION, WHICH, PURSUANT TO SECTION TWENTY-SEVEN HUNDRED FORTY-SIX OF
38 THE PUBLIC HEALTH LAW, ARE APPROVED BY THE DEPARTMENT OF HEALTH.
39 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
40 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
41 OF HEALTH.
42 5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
43 THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
44 END OF THAT FISCAL YEAR.
45 S 5. This act shall take effect on the first of January next succeed-
46 ing the date on which it shall have become a law and shall apply to
47 taxable years beginning on and after such effective date.
