Bill Text: NY A05532 | 2021-2022 | General Assembly | Introduced

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

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5532

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced  by  M.  of A. ENGLEBRIGHT, GUNTHER, JOYNER, DAVILA -- Multi-
          Sponsored by -- M. of A. THIELE --  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 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-i to  read  as
    15  follows:
    16    §  630-i.  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
    22  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
    23  standing any other provision of law all revenues collected  pursuant  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06891-02-1
        A. 5532                             2

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