Bill Text: NY S08742 | 2017-2018 | General Assembly | Introduced


Bill Title: Provides a program to promote leukemia, lymphoma and myeloma research, education and treatment and establishes the leukemia, lymphoma and myeloma research, education and treatment fund; authorizes the commissioner of taxation and finance to create a check-off gift on individual income tax returns for contributions to leukemia, lymphoma and myeloma research, education and treatment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-22 - RECOMMIT, ENACTING CLAUSE STRICKEN [S08742 Detail]

Download: New_York-2017-S08742-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8742
                    IN SENATE
                                      May 10, 2018
                                       ___________
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, the tax law and the state finance
          law, in relation to providing for taxpayer gifts for leukemia, lympho-
          ma  and myeloma research, education and treatment and establishing the
          leukemia, lymphoma and myeloma research, education and treatment fund
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new article
     2  27-CCC to read as follows:
     3                               ARTICLE 27-CCC
     4  LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT PROGRAM
     5  Section 2747. Leukemia, lymphoma and  myeloma  research,  education  and
     6                  treatment.
     7    §  2747. Leukemia, lymphoma and myeloma research, education and treat-
     8  ment.  The commissioner shall establish within the department a  program
     9  to promote research, education and treatment regarding leukemia, lympho-
    10  ma  and  myeloma. To carry out the purposes of this section, the commis-
    11  sioner shall have the following powers and duties:
    12    1. to promote research, education and treatment programs  designed  to
    13  reduce  or  prevent the incidence and severity of leukemia, lymphoma and
    14  myeloma;
    15    2. to accept and expend any grants, awards or other funds or appropri-
    16  ations as may be available for these purposes subject to limitations  as
    17  to  the approval of expenditures and audit as prescribed for state funds
    18  by the state finance law; and
    19    3. to enter into contracts within the amounts  available  therefor  as
    20  may be necessary to implement the provisions of this section.
    21    §  2.  The tax law is amended by adding a new section 209-L to read as
    22  follows:
    23    § 209-L. Gift for leukemia, lymphoma and myeloma  research,  education
    24  and treatment. Effective for any tax year commencing on or after January
    25  first,  two  thousand nineteen, a taxpayer in any taxable year may elect
    26  to contribute to the support  of  the  leukemia,  lymphoma  and  myeloma
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00255-06-8

        S. 8742                             2
     1  research,  education  and  treatment fund. Such contribution shall be in
     2  any whole dollar amount and shall not reduce the amount of the state tax
     3  owed by such taxpayer. The  commissioner  shall  include  space  on  the
     4  corporate  income  tax return to enable a taxpayer to make such contrib-
     5  ution.  Notwithstanding  any  other  provision  of  law,  all   revenues
     6  collected  pursuant  to  this section shall be credited to the leukemia,
     7  lymphoma and myeloma research, education and treatment fund and shall be
     8  used only for those purposes enumerated in section ninety-seven-rrrr  of
     9  the state finance law.
    10    §  3.  The tax law is amended by adding a new section 630-f to read as
    11  follows:
    12    § 630-f. Gift for leukemia, lymphoma and myeloma  research,  education
    13  and  treatment.  Effective for any tax year commencing on or after Janu-
    14  ary first, two thousand nineteen, an individual in any taxable year  may
    15  elect  to  contribute  to  the  leukemia, lymphoma and myeloma research,
    16  education and treatment fund. Such contribution shall be  in  any  whole
    17  dollar  amount and shall not reduce the amount of state tax owed by such
    18  individual. The commissioner shall include space on the personal  income
    19  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
    20  standing any other provision of law all revenues collected  pursuant  to
    21  this  section  shall  be  credited to the leukemia, lymphoma and myeloma
    22  research, education and treatment fund and used only for those  purposes
    23  enumerated in section ninety-seven-rrrr of the state finance law.
    24    §  4. The state finance law is amended by adding a new section 97-rrrr
    25  to read as follows:
    26    § 97-rrrr. Leukemia, lymphoma  and  myeloma  research,  education  and
    27  treatment  fund.  1. There is hereby established in the joint custody of
    28  the commissioner of taxation and finance and the comptroller, a  special
    29  fund to be known as the "leukemia, lymphoma and myeloma research, educa-
    30  tion and treatment fund".
    31    2.  Such fund shall consist of all revenues received by the department
    32  of taxation and finance, pursuant  to  the  provisions  of  section  two
    33  hundred  nine-L  and section six hundred thirty-f of the tax law and all
    34  other moneys appropriated, credited, or  transferred  thereto  from  any
    35  other  fund or source pursuant to law. Nothing contained in this section
    36  shall prevent the state from receiving grants, gifts or bequests for the
    37  purposes of the fund as defined in this section and depositing them into
    38  the fund according to law.
    39    2-a. On or before the first day of February each year, the commission-
    40  er of health shall provide a written report to the  temporary  president
    41  of  the  senate,  the  speaker  of the assembly, the chair of the senate
    42  finance committee, the chair of the assembly ways and  means  committee,
    43  the  chair  of the senate committee on health, the chair of the assembly
    44  health committee, the state comptroller  and  the  public.  Such  report
    45  shall  include  how  the  monies  of  the  fund were utilized during the
    46  preceding calendar year, and shall include:
    47    (i) the amount of money dispersed from the fund and the award  process
    48  used for such disbursements;
    49    (ii) recipients of awards from the fund;
    50    (iii) the amount awarded to each recipient;
    51    (iv) the purposes for which such awards were granted; and
    52    (v) a summary financial plan for such monies which shall include esti-
    53  mates of all receipts and all disbursements for the current and succeed-
    54  ing  fiscal  years,  along with the actual results from the prior fiscal
    55  year.

        S. 8742                             3
     1    3. Monies of the fund shall be expended only  for  leukemia,  lymphoma
     2  and  myeloma research, education and treatment projects. As used in this
     3  section, "leukemia, lymphoma and myeloma research, education and  treat-
     4  ment projects" means research, education and treatment projects, includ-
     5  ing  grants  for  leukemia, lymphoma and myeloma research, education and
     6  treatment, which, pursuant to section twenty-seven  hundred  forty-seven
     7  of  the  public  health  law,  are approved by the department of health.
     8  Such grants may include, among others,  grants  to  public  and  private
     9  hospitals, medical centers, medical schools and other organizations.
    10    4.  Monies  shall be payable from the fund on the audit and warrant of
    11  the comptroller on vouchers approved and certified by  the  commissioner
    12  of health.
    13    5.  To the extent practicable, the commissioner of health shall ensure
    14  that all monies received during a fiscal year are expended prior to  the
    15  end of that fiscal year.
    16    § 5. This act shall take effect immediately and shall apply to taxable
    17  years commencing on or after January 1, 2019.
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