Bill Text: NY A06754 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to providing for taxpayer gifts for New York state natural disaster relief and establishing the New York state natural disaster relief fund.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2016-06-15 - held for consideration in ways and means [A06754 Detail]

Download: New_York-2015-A06754-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6754
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 1, 2015
                                      ___________
       Introduced  by  M.  of A. KOLB, MALLIOTAKIS, BORELLI, LOPEZ -- read once
         and referred to the Committee on Ways and Means
       AN ACT to amend the tax law and the state finance law,  in  relation  to
         providing  for  taxpayer  gifts  for  New  York state natural disaster
         relief and establishing the New York  state  natural  disaster  relief
         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-I  to
    2  read as follows:
    3    S  209-I.  GIFT FOR NATURAL DISASTER RELIEF. A TAXPAYER IN ANY TAXABLE
    4  YEAR MAY ELECT TO CONTRIBUTE TO  THE  SUPPORT  OF  THE  NEW  YORK  STATE
    5  NATURAL  DISASTER  RELIEF  FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
    6  DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX  OWED  BY
    7  SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE CORPORATE
    8  INCOME TAX RETURN TO  ENABLE  A  TAXPAYER  TO  MAKE  SUCH  CONTRIBUTION.
    9  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL REVENUES COLLECTED
   10  PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE NEW YORK STATE NATURAL
   11  DISASTER RELIEF FUND AND USED ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN
   12  SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.
   13    S  2.  The tax law is amended by adding a new section 630-d to read as
   14  follows:
   15    S 630-D. GIFT FOR NATURAL DISASTER RELIEF. AN INDIVIDUAL IN ANY  TAXA-
   16  BLE  YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE NATURAL DISASTER
   17  RELIEF FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR  AMOUNT  AND
   18  SHALL  NOT  REDUCE  THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE
   19  COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX  RETURN  TO
   20  ENABLE  A  TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER
   21  PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS  SECTION  SHALL
   22  BE  CREDITED TO THE NEW YORK STATE NATURAL DISASTER RELIEF FUND AND USED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04154-01-5
       A. 6754                             2
    1  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL  OF  THE
    2  STATE FINANCE LAW.
    3    S  3. The state finance law is amended by adding a new section 97-llll
    4  to read as follows:
    5    S 97-LLLL. NEW YORK STATE NATURAL DISASTER RELIEF FUND.  1.  THERE  IS
    6  HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
    7  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE  "NEW
    8  YORK STATE NATURAL DISASTER RELIEF FUND".
    9    2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
   10  OF TAXATION AND FINANCE, PURSUANT TO  THE  PROVISIONS  OF  SECTIONS  TWO
   11  HUNDRED  NINE-I  AND  SIX  HUNDRED THIRTY-D OF THE TAX LAW AND ALL OTHER
   12  MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
   13  FUND  OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
   14  PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
   15  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   16  THE FUND ACCORDING TO LAW.
   17    3.  MONEYS  IN  SUCH FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS FOR
   18  THE PURPOSE OF PROVIDING IMMEDIATE  RELIEF  TO  PERSONS  AFFECTED  BY  A
   19  NATURAL DISASTER. SUCH PURPOSES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
   20  PROVIDING FOOD, CLOTHING, AND TEMPORARY SHELTER.
   21    4. MONIES SHALL BE PAYABLE FROM THE FUND, ONLY UPON THE STATE DECLARA-
   22  TION  OF  DISASTER  EMERGENCY,  PURSUANT  TO SECTION TWENTY-EIGHT OF THE
   23  EXECUTIVE LAW, FOR EMERGENCIES OCCURRING  FROM  NATURAL  CAUSES;  MONIES
   24  THAT  MEET  THIS REQUIREMENT SHALL BE PAYABLE FROM THE FUND ON THE AUDIT
   25  AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE
   26  COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY.
   27    S 4. Subsection (d) of section 615 of the tax law is amended by adding
   28  a new subparagraph 5 to read as follows:
   29    (5) THE AMOUNT CONTRIBUTED TO THE "NEW  YORK  STATE  NATURAL  DISASTER
   30  RELIEF FUND", PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE
   31  LAW;  PROVIDED,  HOWEVER,  THAT IS NOT INCLUDED AS A CHARITABLE CONTRIB-
   32  UTION DEDUCTION ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE  INTER-
   33  NAL REVENUE CODE.
   34    S  5.  This  act  shall take effect immediately and shall apply to the
   35  taxable year in which it becomes effective.