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--B
                              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  -- recommitted to the Committee on Investigations
         and Government Operations in accordance with Senate Rule 6, sec. 8  --
         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  FIFTEEN,  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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02984-04-4
       S. 2004--B                          2
    1    S  630-D.  GIFT FOR ALS RESEARCH AND EDUCATION.  EFFECTIVE FOR ANY TAX
    2  YEAR COMMENCING ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  FIFTEEN,  AN
    3  INDIVIDUAL  IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK
    4  STATE ALS (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND  EDUCATION  FUND.
    5  SUCH  CONTRIBUTION  SHALL  BE  IN  ANY WHOLE DOLLAR AMOUNT AND SHALL NOT
    6  REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER
    7  SHALL INCLUDE SPACE ON THE  PERSONAL  INCOME  TAX  RETURN  TO  ENABLE  A
    8  TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER PROVISION
    9  OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
   10  TO  THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND AND USED ONLY FOR
   11  THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE  FINANCE
   12  LAW.
   13    S  3. The state finance law is amended by adding a new section 95-h to
   14  read as follows:
   15    S 95-H. NEW YORK STATE ALS RESEARCH AND EDUCATION FUND. 1.   THERE  IS
   16  HEREBY  ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION
   17  AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS  THE  NEW
   18  YORK  STATE  ALS  (AMYOTROPHIC LATERAL SCLEROSIS) RESEARCH AND EDUCATION
   19  FUND.
   20    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED  PURSUANT  TO  THE
   21  PROVISIONS  OF  SECTIONS  TWO HUNDRED NINE-I AND SIX HUNDRED THIRTY-D OF
   22  THE TAX LAW, ALL REVENUES RECEIVED PURSUANT  TO  APPROPRIATIONS  BY  THE
   23  LEGISLATURE, AND ALL MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THER-
   24  ETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING CONTAINED IN
   25  THIS  SECTION  SHALL  PREVENT  THE STATE FROM RECEIVING GRANTS, GIFTS OR
   26  BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED  IN  THIS  SECTION  AND
   27  DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY
   28  THE  COMPTROLLER  ON MONEYS ON DEPOSIT IN SUCH FUND SHALL BE RETAINED IN
   29  AND BECOME PART OF SUCH FUND.
   30    3. MONEYS OF THE FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS TO  THE
   31  GREATER  NEW  YORK  ALS ASSOCIATION, A NOT-FOR-PROFIT CORPORATION ESTAB-
   32  LISHED IN THIS STATE WHICH IS INCORPORATED FOR THE PURPOSE OF  ADVANCING
   33  AND FINANCING ALS RESEARCH AND EDUCATION PROJECTS.
   34    4.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
   35  SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
   36  ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND  CHAIR  OF
   37  THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED BY
   38  SOURCE IN THE NEW YORK STATE ALS RESEARCH AND EDUCATION FUND DURING  THE
   39  PRECEDING  CALENDAR  YEAR  AS  THE RESULT OF REVENUE DERIVED PURSUANT TO
   40  SECTIONS TWO HUNDRED NINE-I AND SIX HUNDRED THIRTY-D OF THE TAX LAW  AND
   41  FROM ALL OTHER SOURCES.
   42    5.  AS  A CONDITION OF RECEIVING GRANTS FROM THE FUND, THE GREATER NEW
   43  YORK ALS ASSOCIATION SHALL AGREE TO ISSUE AND SHALL ISSUE, ON OR  BEFORE
   44  THE FIRST DAY OF FEBRUARY EACH YEAR, A REPORT INCLUDING, BUT NOT LIMITED
   45  TO,  FINANCIAL STATEMENTS, FINANCIAL REPORTS AND REPORTS ON THE ISSUANCE
   46  OF GRANTS. SUCH REPORTS SHALL BE  DELIVERED  TO  THE  GOVERNOR  AND  THE
   47  CHAIRS  OF  THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY WAYS AND MEANS
   48  COMMITTEE AND SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC. SUCH FINANCIAL
   49  STATEMENTS AND REPORTS SHALL  BE  AUDITED  BY  A  NATIONALLY  RECOGNIZED
   50  ACCOUNTING FIRM.
   51    6.  MONEYS  SHALL BE PAYABLE FROM THE FUND TO THE GREATER NEW YORK ALS
   52  ASSOCIATION ON THE AUDIT AND WARRANT  OF  THE  COMPTROLLER  ON  VOUCHERS
   53  APPROVED BY THE COMPTROLLER.
   54    S 4. This act shall take effect immediately.