Bill Text: NY A05689 | 2013-2014 | General Assembly | Amended
Bill Title: Provides for taxpayer gifts for women's cancers education and prevention; establishes the women's cancers education and prevention fund; defines women's cancer to mean and include cervical, endometrial, gestational trophoblastic tumor, ovarian, uterine sarcoma, vaginal, and vulvar.
Spectrum: Partisan Bill (Democrat 18-0)
Status: (Engrossed - Dead) 2014-01-28 - REFERRED TO HEALTH [A05689 Detail]
Download: New_York-2013-A05689-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5689--B Cal. No. 267 2013-2014 Regular Sessions I N A S S E M B L Y March 5, 2013 ___________ Introduced by M. of A. ROSENTHAL, ROZIC, ROBINSON, COOK, GUNTHER, ENGLE- BRIGHT, ABBATE, ROBERTS, OTIS, SCHIMEL, FAHY, AUBRY -- Multi-Sponsored by -- M. of A. ARROYO, BROOK-KRASNY, PERRY, RIVERA, SOLAGES -- 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 public health law, the tax law and the state finance law, in relation to providing for taxpayer gifts for women's cancers education and prevention and establishing the women's cancers educa- tion 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 (j) to read as follows: 3 (J) THE DANGERS OF WOMEN'S CANCERS, INCLUDING WAYS TO PREVENT AND 4 SEVERITY OF SUCH DISEASES. FOR PURPOSES OF THIS PARAGRAPH, WOMEN'S 5 CANCERS SHALL MEAN AND INCLUDE: CERVICAL, ENDOMETRIAL, GESTATIONAL 6 TROPHOBLASTIC TUMOR, OVARIAN, UTERINE SARCOMA, VAGINAL, AND VULVAR. 7 S 2. The tax law is amended by adding a new section 209-I to read as 8 follows: 9 S 209-I. GIFT FOR WOMEN'S CANCERS EDUCATION AND PREVENTION. A TAXPAY- 10 ER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE 11 WOMEN'S CANCERS EDUCATION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL 12 BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE 13 STATE TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON 14 THE CORPORATE INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH 15 CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES 16 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE WOMEN'S 17 CANCERS EDUCATION AND PREVENTION FUND AND SHALL BE USED ONLY FOR THOSE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08358-05-4 A. 5689--B 2 1 PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE 2 LAW. 3 S 3. Part 2 of article 22 of the tax law is amended by adding a new 4 section 630-d to read as follows: 5 S 630-D. GIFT FOR WOMEN'S CANCERS EDUCATION AND PREVENTION. AN INDI- 6 VIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE WOMEN'S 7 CANCERS EDUCATION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN ANY 8 WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY 9 SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL 10 INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. 11 NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSU- 12 ANT TO THIS SECTION SHALL BE CREDITED TO THE WOMEN'S CANCERS EDUCATION 13 AND PREVENTION FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN 14 SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW. 15 S 4. The state finance law is amended by adding a new section 97-llll 16 to read as follows: 17 S 97-LLLL. WOMEN'S CANCERS EDUCATION AND PREVENTION FUND. 1. THERE IS 18 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION 19 AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE 20 "WOMEN'S CANCERS EDUCATION AND PREVENTION FUND". 21 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT 22 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION TWO 23 HUNDRED NINE-I AND SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW, AND ALL 24 OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY 25 OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION 26 SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE 27 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO 28 THE FUND ACCORDING TO LAW. 29 3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR WOMEN'S CANCERS 30 EDUCATION AND PREVENTION PROJECTS. AS USED IN THIS SECTION, "WOMEN'S 31 CANCERS EDUCATION AND PREVENTION PROJECTS" MEANS EDUCATIONAL PROJECTS, 32 INCLUDING GRANTS FOR WOMEN'S CANCERS EDUCATION AND PREVENTION PROGRAMS, 33 WHICH ARE APPROVED BY THE DEPARTMENT OF HEALTH. 34 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF 35 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER 36 OF HEALTH. 37 5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE 38 THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE 39 END OF THAT FISCAL YEAR. 40 S 5. This act shall take effect immediately.