Bill Text: NY A04620 | 2019-2020 | General Assembly | Amended


Bill Title: Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for diabetes research and education; establishes the diabetes research and education fund.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2020-03-10 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A04620 Detail]

Download: New_York-2019-A04620-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         4620--A
                                                                Cal. No. 177

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2019
                                       ___________

        Introduced  by  M. of A. ENGLEBRIGHT, GUNTHER, JOYNER, ARROYO, DAVILA --
          Multi-Sponsored by -- M. of A. SCHIMMINGER, THIELE --  read  once  and
          referred  to  the  Committee  on  Ways and Means -- ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  on  the
          order of third reading

        AN  ACT  to  amend the tax law and the state finance law, in relation to
          providing for taxpayer gifts for diabetes research and  education  and
          establishing the diabetes research and education 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-N  to
     2  read as follows:
     3    §  209-N.  Gift for diabetes research and education. Effective for any
     4  tax year commencing on or after the effective date of  this  section,  a
     5  taxpayer  in  any taxable year may elect to contribute to the support of
     6  the diabetes research and education fund. Such contribution shall be  in
     7  any whole dollar amount and shall not reduce the amount of the state tax
     8  owed  by  such  taxpayer.  The  commissioner  shall include space on the
     9  corporate income tax return to enable a taxpayer to make  such  contrib-
    10  ution.   Notwithstanding  any  other  provision  of  law,  all  revenues
    11  collected pursuant to this section shall be  credited  to  the  diabetes
    12  research  and  education  fund and shall be used only for those purposes
    13  enumerated in section eighty-nine-j of the state finance law.
    14    § 2. The tax law is amended by adding a new section 630-h to  read  as
    15  follows:
    16    §  630-h.  Gift for diabetes research and education. Effective for any
    17  tax year commencing on or after the effective date of this  section,  an
    18  individual  in  any taxable year may elect to contribute to the diabetes
    19  research and education fund. Such contribution shall  be  in  any  whole
    20  dollar  amount and shall not reduce the amount of state tax owed by such
    21  individual. The commissioner shall include space on the personal  income

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05764-03-0

        A. 4620--A                          2

     1  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
     2  standing any other provision of law all revenues collected  pursuant  to
     3  this  section  shall  be credited to the diabetes research and education
     4  fund   and   used   only   for  those  purposes  enumerated  in  section
     5  eighty-nine-j of the state finance law.
     6    § 3. The state finance law is amended by adding a new section 89-j  to
     7  read as follows:
     8    §  89-j.  Diabetes  research  and  education  fund. 1. There is hereby
     9  established in the joint custody of the  commissioner  of  taxation  and
    10  finance and the comptroller, a special fund to be known as the "diabetes
    11  research and education fund".
    12    2.  Such fund shall consist of all revenues received by the department
    13  of taxation and finance, pursuant  to  the  provisions  of  section  two
    14  hundred  nine-N  and section six hundred thirty-h of the tax law and all
    15  other moneys appropriated, credited  or  transferred  thereto  from  any
    16  other  fund  or  source  pursuant  to law. Nothing in this section shall
    17  prevent the state from receiving  grants,  gifts  or  bequests  for  the
    18  purposes of the fund as defined in this section and depositing them into
    19  the fund according to law.
    20    3. Monies of the fund shall be expended only for diabetes research and
    21  educational  projects.  As  used in this section, "diabetes research and
    22  education projects" means scientific research or  educational  projects,
    23  including  demonstration  and  education  grants  for diabetes education
    24  research, which are approved by the department of health.
    25    4. Monies shall be payable from the fund on the audit and  warrant  of
    26  the  comptroller  on vouchers approved and certified by the commissioner
    27  of health.
    28    5. To the extent practicable, the commissioner of health shall  ensure
    29  that  all monies received during a fiscal year are expended prior to the
    30  end of that fiscal year.
    31    6. 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  in
    35  the  diabetes  research and education fund during the preceding calendar
    36  year as the result of revenue derived pursuant to sections  two  hundred
    37  nine-N and six hundred thirty-h of the tax law.
    38    7.  On or before the first day of February each year, the commissioner
    39  of health shall provide a written report to the temporary  president  of
    40  the senate, speaker of the assembly, chair of the senate finance commit-
    41  tee, chair of the assembly ways and means committee, chair of the senate
    42  committee  on  health,  chair  of the assembly health committee, and the
    43  public.   Such report shall include how the  monies  of  the  fund  were
    44  utilized during the preceding calendar year and shall include:
    45    (i) the amount of money dispersed from the fund;
    46    (ii) recipients of awards from the fund;
    47    (iii) the amount awarded to each; and
    48    (iv) the purposes for which such awards were granted.
    49    § 4. This act shall take effect immediately.
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