Bill Text: NY S02004 | 2013-2014 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to ALS (Amyotrophic Lateral Sclerosis) research and education; creates the New York ALS research and education fund.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2014-06-13 - PRINT NUMBER 2004C [S02004 Detail]

Download: New_York-2013-S02004-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2004--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sens.  CARLUCCI,  LARKIN,  MONTGOMERY  -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Investigations  and  Government  Operations -- reported favorably from
         said committee and committed to the Committee on Finance --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to  amend the tax law and the state finance law, in relation to
         ALS (Amyotrophic Lateral Sclerosis) research and education
         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 ALS RESEARCH AND EDUCATION.  EFFECTIVE FOR  ANY  TAX
    4  YEAR  COMMENCING  ON  OR  AFTER  JANUARY FIRST, TWO THOUSAND FOURTEEN, A
    5  TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  SUPPORT  OF
    6  THE  NEW  YORK  STATE  ALS  (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND
    7  EDUCATION FUND. SUCH CONTRIBUTION SHALL BE IN ANY  WHOLE  DOLLAR  AMOUNT
    8  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER.
    9  THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX  RETURN
   10  TO  ENABLE  A  TAXPAYER  TO  MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY
   11  OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS  SECTION
   12  SHALL  BE CREDITED TO THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND
   13  AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION  NINETY-
   14  FIVE-H OF THE STATE FINANCE LAW.
   15    S  2.  The tax law is amended by adding a new section 630-d to read as
   16  follows:
   17    S 630-D. GIFT FOR ALS RESEARCH AND EDUCATION.  EFFECTIVE FOR  ANY  TAX
   18  YEAR  COMMENCING  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, AN
   19  INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  NEW  YORK
   20  STATE  ALS  (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND EDUCATION FUND.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02984-03-3
       S. 2004--A                          2
    1  SUCH CONTRIBUTION SHALL BE IN ANY WHOLE  DOLLAR  AMOUNT  AND  SHALL  NOT
    2  REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER
    3  SHALL  INCLUDE  SPACE  ON  THE  PERSONAL  INCOME  TAX RETURN TO ENABLE A
    4  TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION
    5  OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
    6  TO  THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND AND USED ONLY FOR
    7  THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE  FINANCE
    8  LAW.
    9    S  3. The state finance law is amended by adding a new section 95-h to
   10  read as follows:
   11    S 95-H. NEW YORK STATE ALS RESEARCH AND EDUCATION FUND. 1.   THERE  IS
   12  HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
   13  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE  NEW
   14  YORK  STATE  ALS  (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND EDUCATION
   15  FUND.
   16    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
   17  PROVISIONS  OF  SECTIONS  TWO HUNDRED NINE-I AND SIX HUNDRED THIRTY-D OF
   18  THE TAX LAW, ALL REVENUES RECEIVED PURSUANT  TO  APPROPRIATIONS  BY  THE
   19  LEGISLATURE, AND ALL MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THER-
   20  ETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED IN
   21  THIS  SECTION  SHALL  PREVENT  THE STATE FROM RECEIVING GRANTS, GIFTS OR
   22  BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED  IN  THIS  SECTION  AND
   23  DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY
   24  THE  COMPTROLLER  ON MONEYS ON DEPOSIT IN SUCH FUND SHALL BE RETAINED IN
   25  AND BECOME PART OF SUCH FUND.
   26    3. MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS TO  THE
   27  GREATER  NEW  YORK  ALS ASSOCIATION, A NOT-FOR-PROFIT CORPORATION ESTAB-
   28  LISHED IN THIS STATE WHICH IS INCORPORATED FOR THE PURPOSE OF  ADVANCING
   29  AND FINANCING ALS RESEARCH AND EDUCATION PROJECTS.
   30    4.  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 BY
   34  SOURCE IN THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND DURING  THE
   35  PRECEDING  CALENDAR  YEAR  AS  THE RESULT OF REVENUE DERIVED PURSUANT TO
   36  SECTIONS TWO HUNDRED NINE-I AND SIX HUNDRED THIRTY-D OF THE TAX LAW  AND
   37  FROM ALL OTHER SOURCES.
   38    5.  AS  A CONDITION OF RECEIVING GRANTS FROM THE FUND, THE GREATER NEW
   39  YORK ALS ASSOCIATION SHALL AGREE TO ISSUE AND SHALL ISSUE, ON OR  BEFORE
   40  THE FIRST DAY OF FEBRUARY EACH YEAR, A REPORT INCLUDING, BUT NOT LIMITED
   41  TO,  FINANCIAL STATEMENTS, FINANCIAL REPORTS AND REPORTS ON THE ISSUANCE
   42  OF GRANTS. SUCH REPORTS SHALL BE  DELIVERED  TO  THE  GOVERNOR  AND  THE
   43  CHAIRS  OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS
   44  COMMITTEE AND SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC. SUCH FINANCIAL
   45  STATEMENTS AND REPORTS SHALL  BE  AUDITED  BY  A  NATIONALLY  RECOGNIZED
   46  ACCOUNTING FIRM.
   47    6.  MONEYS  SHALL BE PAYABLE FROM THE FUND TO THE GREATER NEW YORK ALS
   48  ASSOCIATION ON THE AUDIT AND WARRANT  OF  THE  COMPTROLLER  ON  VOUCHERS
   49  APPROVED BY THE COMPTROLLER.
   50    S 4. This act shall take effect immediately.