Bill Text: NY A09678 | 2017-2018 | General Assembly | Amended
Bill Title: Authorizes personal income taxpayers to make a gift to excellence in public school education whereby the gift is dedicated to the school district in which the taxpayer resides; such monies shall be deposited into the account for the district for which the gift is intended; monies shall be paid to school districts on July 1 for the school year commencing in the succeeding calendar year, and shall reduce the school taxes of each taxpayer making such a gift.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2018-06-11 - print number 9678a [A09678 Detail]
Download: New_York-2017-A09678-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 9678--A IN ASSEMBLY January 31, 2018 ___________ Introduced by M. of A. ENGLEBRIGHT, ZEBROWSKI, D'URSO, GOTTFRIED, PICHARDO, ABINANTI, DE LA ROSA, SCHIMMINGER, GALEF, CAHILL, COOK, PEOPLES-STOKES, JONES, BLAKE, NIOU, SEAWRIGHT -- Multi-Sponsored by -- M. of A. SIMON, THIELE -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, the state finance law and the real property tax law, in relation to authorizing personal income taxpayers to make a gift to the school district they reside in 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 627-d to 2 read as follows: 3 § 627-d. Gift to excellence in public school education. Effective for 4 any tax year commencing on or after January first, two thousand nine- 5 teen, an individual in any taxable year may elect to contribute to the 6 school district account, within the gift to excellence in public school 7 education fund, for the school district in which such individual 8 resides. Such contribution shall be in any whole dollar amount and shall 9 not reduce the amount of state tax owed by such individual. The commis- 10 sioner shall include space on the personal income tax return to enable a 11 taxpayer to make such a contribution. Notwithstanding any other 12 provision of law all revenues collected pursuant to this section shall 13 be credited to the appropriate account in the gift to excellence in 14 public school education fund and used only for those purposes enumerated 15 in section eighty-five of the state finance law. 16 § 2. The state finance law is amended by adding a new section 85 to 17 read as follows: 18 § 85. Gift to excellence in public school education fund. 1. There is 19 hereby established in the joint custody of the comptroller and the 20 commissioner of taxation and finance a special fund to be known as the 21 "gift to excellence in public school education fund". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14216-04-8A. 9678--A 2 1 2. The comptroller shall establish, within the gift to excellence in 2 public school education fund, a separate account for each school 3 district in the state. 4 3. Such fund shall consist of all revenues received by the department 5 of taxation and finance, pursuant to the provisions of section six 6 hundred twenty-seven-d of the tax law, and all other moneys appropri- 7 ated, credited or transferred thereto from any other fund or source 8 pursuant to law. All such revenue received shall be allocated and depos- 9 ited into the school district account designated for each contribution 10 constituting such revenue. Nothing contained in this section shall 11 prevent the state from receiving grants, gifts or bequests for the 12 purposes of the fund and depositing them into the appropriate accounts 13 of the fund. 14 4. Moneys in each account of the fund received for a taxable year 15 shall be payable by the comptroller on July first to the school district 16 for which the account exists in the calendar year next succeeding the 17 taxable year in which such moneys were collected. In addition, the 18 comptroller shall provide, on or before April first, notice to each 19 school district and assessor for such district, of the amount of moneys 20 from the fund that the school district will receive. 21 5. To the extent practicable, the commissioner of education shall 22 ensure that all monies received during a fiscal year are expended prior 23 to the end of that fiscal year. 24 6. On or before the first day of February each year, the comptroller 25 shall certify to the governor, temporary president of the senate, speak- 26 er of the assembly, chair of the senate finance committee and chair of 27 the assembly ways and means committee, the amount of money deposited in 28 the gift to excellence in public school education fund during the 29 preceding calendar year as the result of revenue derived pursuant to 30 section six hundred twenty-seven-d of the tax law. 31 7. On or before the first day of February each year, the commissioner 32 of education shall provide a written report to the temporary president 33 of the senate, speaker of the assembly, chair of the senate finance 34 committee, chair of the assembly ways and means committee, chair of the 35 senate committee on education, chair of the assembly education commit- 36 tee, and the public. Such report shall include how the monies of the 37 fund were utilized during the preceding calendar year and shall include: 38 (i) the amount of money dispersed from the fund; 39 (ii) recipients of awards from the fund; 40 (iii) the amount awarded to each; 41 (iv) the purposes for which such awards were granted; and 42 (v) a summary financial plan for such monies which shall include esti- 43 mates of all receipts and all disbursements for the current and succeed- 44 ing fiscal years, along with the actual results from the prior fiscal 45 year. 46 § 3. The real property tax law is amended by adding a new section 47 1306-b to read as follows: 48 § 1306-b. Effect of gift to excellence in public school education upon 49 certain parcels. 1. The amount of taxes to be levied for any school year 50 shall be reduced by the amount of the revenue a school district receives 51 for the school year from the gift to excellence in public school educa- 52 tion. Furthermore, such revenue shall be used by the assessor of a 53 school district to reduce the school tax liability of a parcel owned by 54 each person residing in the school district who made a gift to excel- 55 lence in public school education pursuant to section six hundred twen- 56 ty-seven-d of the tax law in an amount equal to such gift.A. 9678--A 3 1 2. Annually, on or before July first, the commissioner of taxation and 2 finance shall transmit to each assessor for a school district, the name, 3 address and amount of the gift made, of each person residing in such 4 district who made a gift to excellence in public school education pursu- 5 ant to section six hundred twenty-seven-d of the tax law. 6 § 4. This act shall take effect immediately.