Bill Text: NY A08481 | 2013-2014 | General Assembly | Amended
Bill Title: Repeals and reenacts the New York state prostate cancer research, detection and education fund.
Spectrum: Moderate Partisan Bill (Democrat 26-4)
Status: (Introduced - Dead) 2014-06-17 - held for consideration in ways and means [A08481 Detail]
Download: New_York-2013-A08481-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8481--A
I N A S S E M B L Y
January 17, 2014
___________
Introduced by M. of A. DINOWITZ, JACOBS, JAFFEE, OTIS, MILLMAN, SEPULVE-
DA, COOK, DenDEKKER, GALEF, CROUCH, RAIA, BORELLI, ROBINSON, CAHILL,
CRESPO -- Multi-Sponsored by -- M. of A. ARROYO, BUCHWALD, CERETTO,
LUPARDO, MAGEE, MAYER, MOSLEY, PEOPLES-STOKES, RIVERA, SCHIMEL, SWEE-
NEY, THIELE, WEISENBERG -- read once and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the state finance law, the tax law and the public health
law, in relation to establishing the New York state prostate cancer
research, detection and education fund; and to repeal section 95-e of
the state finance law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 95-e of the state finance law, as added by chapter
2 273 of the laws of 2004 is REPEALED, and a new section 95-h is added to
3 read as follows:
4 S 95-H. NEW YORK STATE PROSTATE CANCER RESEARCH, DETECTION AND EDUCA-
5 TION FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
6 COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND
7 TO BE KNOWN AS THE "NEW YORK STATE PROSTATE CANCER RESEARCH, DETECTION
8 AND EDUCATION FUND".
9 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
10 PROVISIONS OF SECTIONS TWO HUNDRED NINE-E AND SIX HUNDRED THIRTY OF THE
11 TAX LAW, ALL REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGIS-
12 LATURE, AND ALL MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO
13 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. FOR EACH STATE FISCAL
14 YEAR, THERE SHALL BE APPROPRIATED TO THE FUND BY THE STATE, IN ADDITION
15 TO ALL OTHER MONEYS REQUIRED TO BE DEPOSITED INTO SUCH FUND, AN AMOUNT
16 EQUAL TO THE AMOUNTS OF MONEYS COLLECTED AND DEPOSITED INTO THE FUND
17 PURSUANT TO SECTIONS TWO HUNDRED NINE-E AND SIX HUNDRED THIRTY OF THE
18 TAX LAW DURING THE PRECEDING CALENDAR YEAR, AS CERTIFIED BY THE COMP-
19 TROLLER. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
20 RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
21 DEFINED IN THIS SECTION AND DEPOSITING THEM IN TO THE FUND ACCORDING TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13115-04-4
A. 8481--A 2
1 LAW. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS ON DEPOSIT IN
2 SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
3 3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
4 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
5 ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
6 THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
7 THE NEW YORK STATE PROSTATE CANCER RESEARCH, DETECTION AND EDUCATION
8 FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED
9 PURSUANT TO SECTIONS TWO HUNDRED NINE-E AND SIX HUNDRED THIRTY OF THE
10 TAX LAW, AND FROM GRANTS, GIFTS AND BEQUESTS.
11 4. (A) MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR PROSTATE CANCER
12 RESEARCH, DETECTION AND EDUCATION PROJECTS OR PROSTATE CANCER RESEARCH,
13 DETECTION AND EDUCATION RESEARCH PROJECTS IN THE STATE APPROVED BY THE
14 DEPARTMENT OF HEALTH.
15 (B) AS USED IN THIS SECTION:
16 (I) "PROSTATE CANCER RESEARCH, DETECTION AND EDUCATION RESEARCH
17 PROJECTS" MEANS SCIENTIFIC RESEARCH APPROVED BY THE DEPARTMENT OF HEALTH
18 INTO THE CAUSES AND/OR TREATMENT OF PROSTATE CANCER.
19 (II) "PROSTATE CANCER RESEARCH, DETECTION AND EDUCATION PROJECTS"
20 MEANS PROJECTS APPROVED BY THE DEPARTMENT OF HEALTH AIMED TOWARD EDUCAT-
21 ING THE GENERAL PUBLIC ABOUT THE DETECTION, CAUSES, SYMPTOMS AND TREAT-
22 MENTS OF PROSTATE CANCER.
23 5. 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 6. 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 S 2. Section 209-E of the tax law, as added by chapter 273 of the laws
30 of 2004, is amended to read as follows:
31 S 209-E. Gift for prostate cancer research, detection and education.
32 Effective for any tax year commencing on or after January first, two
33 thousand four, a taxpayer in any taxable year may elect to contribute to
34 the support of the New York state prostate cancer research, detection
35 and education fund. Such contribution shall be in any whole dollar
36 amount and shall not reduce the amount of the state tax owed by such
37 taxpayer. The commissioner shall include space on the corporate income
38 tax return to enable a taxpayer to make such contribution. Notwith-
39 standing any other provision of law, all revenues collected pursuant to
40 this section shall be credited to the New York state prostate cancer
41 research, detection and education fund and shall be used only for those
42 purposes enumerated in section [ninety-five-e] NINETY-FIVE-H of the
43 state finance law.
44 S 3. Section 630 of the tax law, as added by chapter 273 of the laws
45 of 2004, is amended to read as follows:
46 S 630. Gift for prostate cancer research, detection and education.
47 Effective for any tax year commencing on or after January first, two
48 thousand four, an individual in any taxable year may elect to contribute
49 to the New York state prostate cancer research, detection and education
50 fund. Such contribution shall be in any whole dollar amount and shall
51 not reduce the amount of state tax owed by such individual. The commis-
52 sioner shall include space on the personal income tax return to enable a
53 taxpayer to make such contribution. Notwithstanding any other provision
54 of law all revenues collected pursuant to this section shall be credited
55 to the New York state prostate cancer research, detection and education
A. 8481--A 3
1 fund and used only for those purposes enumerated in section [ninety-
2 five-e] NINETY-FIVE-H of the state finance law.
3 S 4. The opening paragraph of paragraph (k) of subdivision 1 of
4 section 2807-v of the public health law, as amended by section 8 of part
5 C of chapter 59 of the laws of 2011, is amended to read as follows:
6 Funds shall be deposited by the commissioner, within amounts appropri-
7 ated, and the state comptroller is hereby authorized and directed to
8 receive for deposit to the credit of the state special revenue fund -
9 other, HCRA transfer fund, health care services account, or any succes-
10 sor fund or account, for purposes of services and expenses related to
11 public health programs, including comprehensive care centers for eating
12 disorders pursuant to the former section twenty-seven hundred ninety-
13 nine-l of this chapter, provided however that, for such centers, funds
14 in the amount of five hundred thousand dollars on an annualized basis
15 shall be transferred from the health care services account, or any
16 successor fund or account, and deposited into the NEW YORK STATE
17 PROSTATE CANCER RESEARCH, DETECTION AND EDUCATION fund established by
18 section [ninety-five-e] NINETY-FIVE-H of the state finance law for peri-
19 ods prior to March thirty-first, two thousand eleven, from the tobacco
20 control and insurance initiatives pool established for the following
21 periods in the following amounts:
22 S 5. This act shall take effect immediately.
