Bill Text: NY A01169 | 2013-2014 | General Assembly | Amended

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

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Bill Title: Relates to ALS (Amyotrophic Lateral Sclerosis) research and education; creates the New York ALS research and education fund.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Engrossed - Dead) 2014-06-12 - amended on third reading 1169c [A01169 Detail]

Download: New_York-2013-A01169-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1169--B
                                                                Cal. No. 70
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. GUNTHER, ROSENTHAL, DUPREY, JAFFEE, SCHIMMINGER,
         BOYLAND, RIVERA, CURRAN, PERRY, BRAUNSTEIN -- Multi-Sponsored by -- M.
         of A.  MILLMAN, SWEENEY -- read once and referred to the Committee  on
         Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
         reprinted as amended and recommitted to said committee -- advanced  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
         ALS (Amyotrophic Lateral Sclerosis) research and education
         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-I to
    2  read as follows:
    3    S 209-I. GIFT FOR ALS RESEARCH AND EDUCATION.  EFFECTIVE FOR  ANY  TAX
    4  YEAR  COMMENCING  ON  OR  AFTER  JANUARY  FIRST, TWO THOUSAND FIFTEEN, A
    5  TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  SUPPORT  OF
    6  THE  NEW  YORK  STATE  ALS  (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND
    7  EDUCATION FUND. SUCH CONTRIBUTION SHALL BE IN ANY  WHOLE  DOLLAR  AMOUNT
    8  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER.
    9  THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX  RETURN
   10  TO  ENABLE  A  TAXPAYER  TO  MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY
   11  OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS  SECTION
   12  SHALL  BE CREDITED TO THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND
   13  AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION  NINETY-
   14  FIVE-H OF THE STATE FINANCE LAW.
   15    S  2.  The tax law is amended by adding a new section 630-d to read as
   16  follows:
   17    S 630-D. GIFT FOR ALS RESEARCH AND EDUCATION.  EFFECTIVE FOR  ANY  TAX
   18  YEAR  COMMENCING  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND FIFTEEN, AN
   19  INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  NEW  YORK
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02984-05-4
       A. 1169--B                          2
    1  STATE  ALS  (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND EDUCATION FUND.
    2  SUCH CONTRIBUTION SHALL BE IN ANY WHOLE  DOLLAR  AMOUNT  AND  SHALL  NOT
    3  REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER
    4  SHALL  INCLUDE  SPACE  ON  THE  PERSONAL  INCOME  TAX RETURN TO ENABLE A
    5  TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION
    6  OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
    7  TO THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND AND USED ONLY  FOR
    8  THOSE  PURPOSES ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE FINANCE
    9  LAW.
   10    S 3. The state finance law is amended by adding a new section 95-h  to
   11  read as follows:
   12    S  95-H.  NEW YORK STATE ALS RESEARCH AND EDUCATION FUND. 1.  THERE IS
   13  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  TAXATION
   14  AND  FINANCE  AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE NEW
   15  YORK STATE ALS (AMYOTROPHIC LATERAL SCLEROSIS)  RESEARCH  AND  EDUCATION
   16  FUND.
   17    2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
   18  PROVISIONS OF SECTIONS TWO HUNDRED NINE-I AND SIX  HUNDRED  THIRTY-D  OF
   19  THE  TAX  LAW,  ALL  REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE
   20  LEGISLATURE, AND ALL MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THER-
   21  ETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED IN
   22  THIS SECTION SHALL PREVENT THE STATE FROM  RECEIVING  GRANTS,  GIFTS  OR
   23  BEQUESTS  FOR  THE  PURPOSES  OF THE FUND AS DEFINED IN THIS SECTION AND
   24  DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY
   25  THE COMPTROLLER ON MONEYS ON DEPOSIT IN SUCH FUND SHALL BE  RETAINED  IN
   26  AND BECOME PART OF SUCH FUND.
   27    3.  MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS TO THE
   28  GREATER NEW YORK ALS ASSOCIATION, A  NOT-FOR-PROFIT  CORPORATION  ESTAB-
   29  LISHED  IN THIS STATE WHICH IS INCORPORATED FOR THE PURPOSE OF ADVANCING
   30  AND FINANCING ALS RESEARCH AND EDUCATION PROJECTS.
   31    4. 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  BY
   35  SOURCE  IN THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND DURING THE
   36  PRECEDING CALENDAR YEAR AS THE RESULT OF  REVENUE  DERIVED  PURSUANT  TO
   37  SECTIONS  TWO HUNDRED NINE-I AND SIX HUNDRED THIRTY-D OF THE TAX LAW AND
   38  FROM ALL OTHER SOURCES.
   39    5. AS A CONDITION OF RECEIVING GRANTS FROM THE FUND, THE  GREATER  NEW
   40  YORK  ALS ASSOCIATION SHALL AGREE TO ISSUE AND SHALL ISSUE, ON OR BEFORE
   41  THE FIRST DAY OF FEBRUARY EACH YEAR, A REPORT INCLUDING, BUT NOT LIMITED
   42  TO, FINANCIAL STATEMENTS, FINANCIAL REPORTS AND REPORTS ON THE  ISSUANCE
   43  OF  GRANTS.  SUCH  REPORTS  SHALL  BE  DELIVERED TO THE GOVERNOR AND THE
   44  CHAIRS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS  AND  MEANS
   45  COMMITTEE AND SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC. SUCH FINANCIAL
   46  STATEMENTS  AND  REPORTS  SHALL  BE  AUDITED  BY A NATIONALLY RECOGNIZED
   47  ACCOUNTING FIRM.
   48    6. MONEYS SHALL BE PAYABLE FROM THE FUND TO THE GREATER NEW  YORK  ALS
   49  ASSOCIATION  ON  THE  AUDIT  AND  WARRANT OF THE COMPTROLLER ON VOUCHERS
   50  APPROVED BY THE COMPTROLLER.
   51    S 4. This act shall take effect immediately.