Bill Text: NY A04715 | 2011-2012 | General Assembly | Introduced


Bill Title: Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for colon cancer research; establishes the colon cancer research fund; provides for such research.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2012-01-04 - referred to health [A04715 Detail]

Download: New_York-2011-A04715-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4715
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 7, 2011
                                      ___________
       Introduced by M. of A. JACOBS, CYMBROWITZ, McENENY -- Multi-Sponsored by
         -- M. of A. GLICK, SWEENEY, WEINSTEIN -- read once and referred 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 colon cancer
         research and establishing the colon cancer research 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                        COLON CANCER RESEARCH PROGRAM
    5  SECTION 2746. COLON CANCER RESEARCH.
    6    S 2746. COLON CANCER RESEARCH.  THE COMMISSIONER SHALL ESTABLISH WITH-
    7  IN THE DEPARTMENT A PROGRAM TO PROMOTE RESEARCH REGARDING COLON  CANCER.
    8  TO  CARRY  OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER SHALL HAVE
    9  THE FOLLOWING POWERS AND DUTIES:
   10    1. TO PROMOTE RESEARCH PROGRAMS DESIGNED  TO  REDUCE  OR  PREVENT  THE
   11  INCIDENCE AND SEVERITY OF COLON CANCER;
   12    2. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
   13  ATIONS  AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
   14  TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE  FUNDS
   15  BY THE STATE FINANCE LAW; AND
   16    3.  TO  ENTER  INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
   17  MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   18    S 2. The tax law is amended by adding a new section 209-H to  read  as
   19  follows:
   20    S  209-H.  GIFT FOR COLON CANCER RESEARCH.  EFFECTIVE FOR ANY TAX YEAR
   21  COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE, A TAXPAYER IN
   22  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  SUPPORT  OF  THE  COLON
   23  CANCER  RESEARCH  FUND.  SUCH  CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04269-01-1
       A. 4715                             2
    1  AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE  TAX  OWED  BY  SUCH
    2  TAXPAYER.  THE  COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME
    3  TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
    4  ING  ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS
    5  SECTION SHALL BE CREDITED TO THE COLON CANCER RESEARCH FUND AND SHALL BE
    6  USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-TWO-GG OF  THE
    7  STATE FINANCE LAW.
    8    S  3.  The tax law is amended by adding a new section 629-a to read as
    9  follows:
   10    S 629-A. GIFT FOR COLON CANCER RESEARCH.  EFFECTIVE FOR ANY  TAX  YEAR
   11  COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE, AN INDIVIDUAL
   12  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE COLON CANCER RESEARCH
   13  FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
   14  NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE  COMMIS-
   15  SIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A
   16  TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION
   17  OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
   18  TO  THE  COLON  CANCER  RESEARCH  FUND  AND USED ONLY FOR THOSE PURPOSES
   19  ENUMERATED IN SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
   20    S 4. The state finance law is amended by adding a new section 92-gg to
   21  read as follows:
   22    S 92-GG. COLON CANCER RESEARCH FUND. 1. THERE IS HEREBY ESTABLISHED IN
   23  THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
   24  COMPTROLLER,  A  SPECIAL  FUND TO BE KNOWN AS THE "COLON CANCER RESEARCH
   25  FUND".
   26    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
   27  OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
   28  HUNDRED NINE-H AND SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW  AND
   29  ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
   30  OTHER  FUND  OR  SOURCE  PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL
   31  PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
   32  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   33  THE FUND ACCORDING TO LAW.
   34    3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COLON CANCER RESEARCH
   35  PROJECTS.  AS  USED  IN  THIS  SECTION, "COLON CANCER RESEARCH PROJECTS"
   36  MEANS RESEARCH PROJECTS, INCLUDING GRANTS  FOR  COLON  CANCER  RESEARCH,
   37  WHICH,  PURSUANT TO SECTION TWENTY-SEVEN HUNDRED FORTY-SIX OF THE PUBLIC
   38  HEALTH LAW, ARE APPROVED BY THE DEPARTMENT OF HEALTH.
   39    4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   40  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
   41  OF HEALTH.
   42    5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
   43  THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
   44  END OF THAT FISCAL YEAR.
   45    S 5. This act shall take effect immediately.
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