Bill Text: NY A05540 | 2017-2018 | 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 10-0)

Status: (Engrossed - Dead) 2018-03-20 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A05540 Detail]

Download: New_York-2017-A05540-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5540--C
                                                                Cal. No. 391
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 10, 2017
                                       ___________
        Introduced  by  M.  of  A. ENGLEBRIGHT, GUNTHER, JOYNER, ARROYO, DAVILA,
          HOOPER, SEPULVEDA -- Multi-Sponsored by -- M. of A.  McDONALD,  SCHIM-
          MINGER,  THIELE -- read once and referred to the Committee on Ways and
          Means -- committee discharged,  bill  amended,  ordered  reprinted  as
          amended  and recommitted to said committee -- again reported from said
          committee with amendments, ordered reprinted as amended and  recommit-
          ted  to  said  committee  --  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-L to
     2  read as follows:
     3    § 209-L. 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-i of the state finance law.
    14    §  2.  The tax law is amended by adding a new section 630-f to read as
    15  follows:
    16    § 630-f. 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03740-05-8

        A. 5540--C                          2
     1  research  and  education  fund.  Such contribution shall be in any whole
     2  dollar amount and shall not reduce the amount of state tax owed by  such
     3  individual.  The commissioner shall include space on the personal income
     4  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
     5  standing any other provision of law all revenues collected  pursuant  to
     6  this  section  shall  be credited to the diabetes research and education
     7  fund  and  used  only  for  those   purposes   enumerated   in   section
     8  eighty-nine-i of the state finance law.
     9    §  3. The state finance law is amended by adding a new section 89-i to
    10  read as follows:
    11    § 89-i. Diabetes research and  education  fund.  1.  There  is  hereby
    12  established  in  the  joint  custody of the commissioner of taxation and
    13  finance and the comptroller, a special fund to be known as the "diabetes
    14  research and education fund".
    15    2. Such fund shall consist of all revenues received by the  department
    16  of  taxation  and  finance,  pursuant  to  the provisions of section two
    17  hundred nine-L and section six hundred thirty-f of the tax law  and  all
    18  other  moneys  appropriated,  credited  or  transferred thereto from any
    19  other fund or source pursuant to law.  Nothing  in  this  section  shall
    20  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    21  purposes of the fund as defined in this section and depositing them into
    22  the fund according to law.
    23    3. Monies of the fund shall be expended only for diabetes research and
    24  educational projects. As used in this section,  "diabetes  research  and
    25  education  projects"  means scientific research or educational projects,
    26  including demonstration and  education  grants  for  diabetes  education
    27  research, which are approved by the department of health.
    28    4.  Monies  shall be payable from the fund on the audit and warrant of
    29  the comptroller on vouchers approved and certified by  the  commissioner
    30  of health.
    31    5.  To the extent practicable, the commissioner of health shall ensure
    32  that all monies received during a fiscal year are expended prior to  the
    33  end of that fiscal year.
    34    6.  On  or before the first day of February each year, the comptroller
    35  shall certify to the governor, temporary president of the senate, speak-
    36  er of the assembly, chair of the senate finance committee and  chair  of
    37  the  assembly ways and means committee, the amount of money deposited in
    38  the diabetes research and education fund during the  preceding  calendar
    39  year  as  the result of revenue derived pursuant to sections two hundred
    40  nine-L and six hundred thirty-f of the tax law.
    41    7. On or before the first day of February each year, the  commissioner
    42  of  health  shall provide a written report to the temporary president of
    43  the senate, speaker of the assembly, chair of the senate finance commit-
    44  tee, chair of the assembly ways and means committee, chair of the senate
    45  committee on health, chair of the assembly  health  committee,  and  the
    46  public.    Such  report  shall  include  how the monies of the fund were
    47  utilized during the preceding calendar year and shall include:
    48    (i) the amount of money dispersed from the fund;
    49    (ii) recipients of awards from the fund;
    50    (iii) the amount awarded to each; and
    51    (iv) the purposes for which such awards were granted.
    52    § 4. This act shall take effect immediately.
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