Bill Text: NY A08910 | 2009-2010 | General Assembly | Amended

---

Bill Title: Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for lung cancer education and prevention; establishes the lung cancer education and prevention fund; provides for such education and prevention programs by the department of health.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A08910 Detail]

Download: New_York-2009-A08910-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8910--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 15, 2009
                                      ___________
       Introduced by M. of A. GIBSON -- read once and referred to the Committee
         on  Health -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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-H to read as
    6  follows:
    7    S 209-H. 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-c to read as follows:
   19    S 630-C. GIFT FOR LUNG CANCER EDUCATION AND PREVENTION.  AN INDIVIDUAL
   20  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE LUNG CANCER EDUCATION
   21  AND  PREVENTION  FUND.  SUCH  CONTRIBUTION  SHALL BE IN ANY WHOLE DOLLAR
   22  AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08073-02-0
       A. 8910--A                          2
    1  VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
    2  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.   NOTWITHSTANDING
    3  ANY  OTHER  PROVISION  OF  LAW  ALL  REVENUES COLLECTED PURSUANT TO THIS
    4  SECTION  SHALL  BE  CREDITED TO THE LUNG CANCER EDUCATION AND PREVENTION
    5  FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION  NINETY-SEV-
    6  EN-JJJJ OF THE STATE FINANCE LAW.
    7    S  4. The state finance law is amended by adding a new section 97-jjjj
    8  to read as follows:
    9    S 97-JJJJ. LUNG CANCER EDUCATION AND  PREVENTION  FUND.  1.  THERE  IS
   10  HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
   11  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUNG
   12  CANCER EDUCATION AND PREVENTION FUND".
   13    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
   14  OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
   15  HUNDRED NINE-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW, AND  ALL
   16  OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
   17  OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
   18  SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
   19  PURPOSES 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 LUNG CANCER EDUCATION
   22  AND PREVENTION PROJECTS. AS USED IN THIS SECTION, "LUNG CANCER EDUCATION
   23  AND  PREVENTION  PROJECTS"  MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS
   24  FOR LUNG CANCER EDUCATION AND PREVENTION PROGRAMS, WHICH ARE APPROVED BY
   25  THE DEPARTMENT OF HEALTH.
   26    4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
   27  THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
   28  OF HEALTH.
   29    5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
   30  THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
   31  END OF THAT FISCAL YEAR.
   32    S 5. This act shall take effect immediately.