Bill Text: NY A05149 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the public health law, the tax law and the state finance law, in relation to providing for taxpayer gifts for lung cancer education and prevention and establishing the lung cancer education and prevention fund

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2009-05-04 - enacting clause stricken [A05149 Detail]

Download: New_York-2009-A05149-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 2015                                                  A. 5149
                              2009-2010 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 10, 2009
                                      ___________
       IN  SENATE -- Introduced by Sen. KRUGER -- read twice and ordered print-
         ed, and when printed to be committed to the Committee on Health
       IN ASSEMBLY -- Introduced by M. of A. GREENE, CAHILL,  COLTON,  MILLMAN,
         ORTIZ,  PHEFFER,  SWEENEY  --  Multi-Sponsored  by  -- M. of A. CLARK,
         CUSICK, V. LOPEZ, MAYERSOHN, McENENY, PERRY, SCARBOROUGH, SPANO, WEIS-
         ENBERG, WRIGHT -- 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    lung  cancer
         education  and  prevention  and establishing the lung cancer education
         and prevention fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1 of section 207 of the public health law is
    2  amended by adding a new paragraph (g) to read as follows:
    3    (G) THE DANGERS OF LUNG CANCER, INCLUDING WAYS TO  PREVENT  THE  INCI-
    4  DENCE AND SEVERITY OF THE DISEASE.
    5    S  2.  The tax law is amended by adding a new section 209-G to read as
    6  follows:
    7    S 209-G. GIFT FOR LUNG CANCER EDUCATION AND PREVENTION.  A TAXPAYER IN
    8  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE  SUPPORT  OF  THE  LUNG
    9  CANCER  EDUCATION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY
   10  WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT  OF  THE  STATE  TAX
   11  OWED  BY  SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE
   12  CORPORATE INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE  SUCH  CONTRIB-
   13  UTION.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
   14  COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE LUNG  CANCER
   15  EDUCATION  AND PREVENTION FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES
   16  ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
   17    S 3. Part 2 of article 22 of the tax law is amended by  adding  a  new
   18  section 630-b to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08073-01-9
       S. 2015                             2                            A. 5149
    1    S 630-B. GIFT FOR LUNG CANCER EDUCATION AND PREVENTION.  AN INDIVIDUAL
    2  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE LUNG CANCER EDUCATION
    3  AND  PREVENTION  FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR
    4  AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
    5  VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
    6  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.   NOTWITHSTANDING
    7  ANY  OTHER  PROVISION  OF  LAW  ALL  REVENUES COLLECTED PURSUANT TO THIS
    8  SECTION SHALL BE CREDITED TO THE LUNG CANCER  EDUCATION  AND  PREVENTION
    9  FUND  AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEV-
   10  EN-JJJJ OF THE STATE FINANCE LAW.
   11    S 4. The state finance law is amended by adding a new section  97-jjjj
   12  to read as follows:
   13    S  97-JJJJ.  LUNG  CANCER  EDUCATION  AND PREVENTION FUND. 1. THERE IS
   14  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  TAXATION
   15  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUNG
   16  CANCER EDUCATION AND PREVENTION FUND".
   17    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
   18  OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  TWO
   19  HUNDRED  NINE-G AND SECTION SIX HUNDRED THIRTY-B OF THE TAX LAW, AND ALL
   20  OTHER MONEYS APPROPRIATED, CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY
   21  OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
   22  SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
   23  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   24  THE FUND ACCORDING TO LAW.
   25    3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LUNG CANCER EDUCATION
   26  AND PREVENTION PROJECTS. AS USED IN THIS SECTION, "LUNG CANCER EDUCATION
   27  AND PREVENTION PROJECTS" MEANS EDUCATIONAL  PROJECTS,  INCLUDING  GRANTS
   28  FOR LUNG CANCER EDUCATION AND PREVENTION PROGRAMS, WHICH ARE APPROVED BY
   29  THE DEPARTMENT OF HEALTH.
   30    4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
   31  THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
   32  OF HEALTH.
   33    5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
   34  THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
   35  END OF THAT FISCAL YEAR.
   36    S 5. This act shall take effect immediately.