Bill Text: NY A05532 | 2021-2022 | 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: Moderate Partisan Bill (Democrat 8-1)
Status: (Engrossed - Dead) 2022-03-29 - REFERRED TO BUDGET AND REVENUE [A05532 Detail]
Download: New_York-2021-A05532-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5532--A Cal. No. 177 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, GUNTHER, JOYNER, DAVILA, SAYEGH, JEAN-PIERRE, BRABENEC -- Multi-Sponsored by -- M. of A. 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-P to 2 read as follows: 3 § 209-P. 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-k of the state finance law. 14 § 2. The tax law is amended by adding a new section 630-k to read as 15 follows: 16 § 630-k. 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. LBD06891-03-2A. 5532--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-k of the state finance law. 6 § 3. The state finance law is amended by adding a new section 89-k to 7 read as follows: 8 § 89-k. 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-P and section six hundred thirty-k 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-P and six hundred thirty-k 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.
