Bill Text: NY S00244 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for diabetes research and education; establishes the diabetes research and education fund.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S00244 Detail]

Download: New_York-2019-S00244-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           244
                               2019-2020 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
        AN ACT to amend the tax law and the state finance law,  in  relation  to
          providing  for  taxpayer gifts for diabetes research and education and
          establishing the diabetes research and education 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-M to
     2  read as follows:
     3    § 209-M. Gift for diabetes research and education. Effective  for  any
     4  tax  year  commencing  on or after the effective date of this section, a
     5  taxpayer in any taxable year may elect to contribute to the  support  of
     6  the  diabetes research and education fund. Such contribution shall be in
     7  any whole dollar amount and shall not reduce the amount of the state tax
     8  owed by such taxpayer. The  commissioner  shall  include  space  on  the
     9  corporate  income  tax return to enable a taxpayer to make such contrib-
    10  ution.  Notwithstanding  any  other  provision  of  law,  all   revenues
    11  collected  pursuant  to  this  section shall be credited to the diabetes
    12  research and education fund and shall be used only  for  those  purposes
    13  enumerated in section eighty-nine-j of the state finance law.
    14    §  2.  The tax law is amended by adding a new section 630-g to read as
    15  follows:
    16    § 630-g. Gift for diabetes research and education. Effective  for  any
    17  tax  year  commencing on or after the effective date of this section, an
    18  individual in any taxable year may elect to contribute to  the  diabetes
    19  research  and  education  fund.  Such contribution shall be in any whole
    20  dollar amount and shall not reduce the amount of state tax owed by  such
    21  individual.  The commissioner shall include space on the personal income
    22  tax return to enable a taxpayer to make  such  contribution.    Notwith-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05764-02-9

        S. 244                              2
     1  standing  any  other provision of law all revenues collected pursuant to
     2  this section shall be credited to the diabetes  research  and  education
     3  fund   and   used   only   for  those  purposes  enumerated  in  section
     4  eighty-nine-j of the state finance law.
     5    §  3. The state finance law is amended by adding a new section 89-j to
     6  read as follows:
     7    § 89-j. Diabetes research and  education  fund.  1.  There  is  hereby
     8  established  in  the  joint  custody of the commissioner of taxation and
     9  finance and the comptroller, a special fund to be known as the "diabetes
    10  research and education fund".
    11    2. Such fund shall consist of all revenues received by the  department
    12  of  taxation  and  finance,  pursuant  to  the provisions of section two
    13  hundred nine-M and section six hundred thirty-g of the tax law  and  all
    14  other  moneys  appropriated,  credited  or  transferred thereto from any
    15  other fund or source pursuant to law.  Nothing  in  this  section  shall
    16  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    17  purposes of the fund as defined in this section and depositing them into
    18  the fund according to law.
    19    3. Monies of the fund shall be expended only for diabetes research and
    20  educational projects. As used in this section,  "diabetes  research  and
    21  education  projects"  means scientific research or educational projects,
    22  including demonstration and  education  grants  for  diabetes  education
    23  research, which are approved by the department of health.
    24    4.  Monies  shall be payable from the fund on the audit and warrant of
    25  the comptroller on vouchers approved and certified by  the  commissioner
    26  of health.
    27    5.  To the extent practicable, the commissioner of health shall ensure
    28  that all monies received during a fiscal year are expended prior to  the
    29  end of that fiscal year.
    30    6.  On  or before the first day of February each year, the comptroller
    31  shall certify to the governor, temporary president of the senate, speak-
    32  er of the assembly, chair of the senate finance committee and  chair  of
    33  the  assembly ways and means committee, the amount of money deposited in
    34  the diabetes research and education fund during the  preceding  calendar
    35  year  as  the result of revenue derived pursuant to sections two hundred
    36  nine-M and six hundred thirty-g of the tax law.
    37    7. On or before the first day of February each year, the  commissioner
    38  of  health  shall provide a written report to the temporary president of
    39  the senate, speaker of the assembly, chair of the senate finance commit-
    40  tee, chair of the assembly ways and means committee, chair of the senate
    41  committee on health, chair of the assembly  health  committee,  and  the
    42  public.    Such  report  shall  include  how the monies of the fund were
    43  utilized during the preceding calendar year and shall include:
    44    (i) the amount of money dispersed from the fund;
    45    (ii) recipients of awards from the fund;
    46    (iii) the amount awarded to each; and
    47    (iv) the purposes for which such awards were granted.
    48    § 4. This act shall take effect immediately.
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