Bill Text: NY A03577 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides that taxpayers may contribute to the heart disease prevention and education fund by their income tax return and establishes the fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-07-31 - tabled [A03577 Detail]

Download: New_York-2009-A03577-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3577--B
                                                               Cal. No. 270
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2009
                                      ___________
       Introduced  by M. of A. AUBRY -- read once and referred to the Committee
         on Ways and Means -- reported from  committee,  advanced  to  a  third
         reading,  amended  and  ordered  reprinted, retaining its place on the
         order of third reading -- passed by  Assembly  and  delivered  to  the
         Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
         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 heart disease prevention and educa-
         tion and establishing the heart disease prevention 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-H to
    2  read as follows:
    3    S 209-H. GIFT FOR HEART DISEASE PREVENTION AND EDUCATION.    EFFECTIVE
    4  FOR  ANY  TAX  YEAR  COMMENCING  ON OR AFTER JANUARY FIRST, TWO THOUSAND
    5  ELEVEN, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO  CONTRIBUTE  TO  THE
    6  SUPPORT  OF  THE  HEART  DISEASE  EDUCATION  AND  PREVENTION  FUND. SUCH
    7  CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND  SHALL  NOT  REDUCE
    8  THE  AMOUNT  OF  THE  STATE  TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER
    9  SHALL INCLUDE SPACE ON THE CORPORATE  INCOME  TAX  RETURN  TO  ENABLE  A
   10  TAXPAYER  TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION
   11  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDIT-
   12  ED TO THE HEART DISEASE PREVENTION AND EDUCATION FUND AND SHALL BE  USED
   13  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION EIGHTY-NINE-H OF THE STATE
   14  FINANCE LAW.
   15    S  2.  Part  2 of article 22 of the tax law is amended by adding a new
   16  section 630-c to read as follows:
   17    S 630-C. GIFT FOR HEART DISEASE PREVENTION AND EDUCATION.    EFFECTIVE
   18  FOR  ANY  TAX  YEAR  COMMENCING  ON OR AFTER JANUARY FIRST, TWO THOUSAND
   19  ELEVEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
   20  HEART DISEASE PREVENTION AND EDUCATION FUND. SUCH CONTRIBUTION SHALL  BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04412-04-0
       A. 3577--B                          2
    1  IN  ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX
    2  OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL  INCLUDE  SPACE  ON  THE
    3  PERSONAL  INCOME  TAX  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
    4  UTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED
    5  PURSUANT  TO  THIS  SECTION  SHALL  BE  CREDITED  TO  THE  HEART DISEASE
    6  PREVENTION AND EDUCATION FUND AND USED ONLY FOR THOSE  PURPOSES  ENUMER-
    7  ATED IN SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
    8    S  3. The state finance law is amended by adding a new section 89-h to
    9  read as follows:
   10    S 89-H. HEART DISEASE PREVENTION AND EDUCATION FUND. 1. THERE IS HERE-
   11  BY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION  AND
   12  FINANCE  AND  THE  COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "HEART
   13  DISEASE PREVENTION AND EDUCATION FUND".
   14    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
   15  OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
   16  HUNDRED NINE-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW  AND  ALL
   17  OTHER  FUNDS  OR SOURCES PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL
   18  PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
   19  PURPOSE  OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   20  THE FUND ACCORDING TO LAW.
   21    3. MONIES OF THE  FUND  SHALL  BE  EXPENDED  ONLY  FOR  HEART  DISEASE
   22  PREVENTION  AND  EDUCATION PROGRAM ADMINISTRATION AND IMPLEMENTATION AND
   23  SHALL BE ADMINISTERED BY THE DEPARTMENT OF HEALTH THROUGH THE MARY LASK-
   24  ER HEART AND HYPERTENSION INSTITUTE.
   25    4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   26  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
   27  OF HEALTH.
   28    5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
   29  THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
   30  END OF THE FISCAL YEAR.
   31    S 4. This act shall take effect immediately.