Bill Text: NY S01197 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides a program to promote leukemia, lymphoma and myeloma research education and treatment and establishes the leukemia, lymphoma and myeloma research education and treatment fund; authorizes the commissioner of taxation and finance to create a check-off gift an individual income tax returns for contributions to leukemia, lymphoma and myeloma research, education and treatment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-25 - PRINT NUMBER 1197A [S01197 Detail]

Download: New_York-2009-S01197-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1197--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 27, 2009
                                      ___________
       Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health --  recommitted  to
         the  Committee  on  Health 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 public health law, the tax law and the state finance
         law, in relation to providing for taxpayer gifts for leukemia, lympho-
         ma  and myeloma research, education and treatment and establishing the
         leukemia research, education and treatment fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The  public health law is amended by adding a new article
    2  27-CCC to read as follows:
    3                               ARTICLE 27-CCC
    4  LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT PROGRAM
    5  SECTION 2747. LEUKEMIA, LYMPHOMA AND  MYELOMA  RESEARCH,  EDUCATION  AND
    6                 TREATMENT.
    7    S  2747. LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREAT-
    8  MENT.  THE COMMISSIONER SHALL ESTABLISH WITHIN THE DEPARTMENT A  PROGRAM
    9  TO PROMOTE RESEARCH, EDUCATION AND TREATMENT REGARDING LEUKEMIA, LYMPHO-
   10  MA  AND  MYELOMA. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMIS-
   11  SIONER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   12    1. TO PROMOTE RESEARCH, EDUCATION AND TREATMENT PROGRAMS  DESIGNED  TO
   13  REDUCE  OR  PREVENT THE INCIDENCE AND SEVERITY OF LEUKEMIA, LYMPHOMA AND
   14  MYELOMA;
   15    2. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
   16  ATIONS AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS  AS
   17  TO  THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS
   18  BY THE STATE FINANCE LAW; AND
   19    3. TO ENTER INTO CONTRACTS WITHIN THE AMOUNTS  AVAILABLE  THEREFOR  AS
   20  MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01796-03-0
       S. 1197--A                          2
    1    S  2.  The tax law is amended by adding a new section 209-H to read as
    2  follows:
    3    S  209-H.  GIFT FOR LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION
    4  AND TREATMENT.  EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER  JANU-
    5  ARY FIRST, TWO THOUSAND ELEVEN, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT
    6  TO  CONTRIBUTE  TO  THE  SUPPORT  OF  THE LEUKEMIA, LYMPHOMA AND MYELOMA
    7  RESEARCH, EDUCATION AND TREATMENT FUND. SUCH CONTRIBUTION  SHALL  BE  IN
    8  ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX
    9  OWED  BY  SUCH  TAXPAYER.  THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE
   10  CORPORATE INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE  SUCH  CONTRIB-
   11  UTION.   NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
   12  COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED  TO  THE  LEUKEMIA,
   13  LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREATMENT FUND AND SHALL BE
   14  USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF
   15  THE STATE FINANCE LAW.
   16    S 3. The tax law is amended by adding a new section 630-c to  read  as
   17  follows:
   18    S  630-C.  GIFT FOR LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION
   19  AND TREATMENT.  EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER  JANU-
   20  ARY  FIRST,  TWO  THOUSAND ELEVEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY
   21  ELECT TO CONTRIBUTE TO THE  LEUKEMIA,  LYMPHOMA  AND  MYELOMA  RESEARCH,
   22  EDUCATION  AND  TREATMENT  FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
   23  DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH
   24  INDIVIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME
   25  TAX RETURN TO ENABLE A TAXPAYER TO MAKE  SUCH  CONTRIBUTION.    NOTWITH-
   26  STANDING  ANY  OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO
   27  THIS SECTION SHALL BE CREDITED TO THE  LEUKEMIA,  LYMPHOMA  AND  MYELOMA
   28  RESEARCH,  EDUCATION AND TREATMENT FUND AND USED ONLY FOR THOSE PURPOSES
   29  ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
   30    S 4. The state finance law is amended by adding a new section  97-jjjj
   31  to read as follows:
   32    S  97-JJJJ.  LEUKEMIA,  LYMPHOMA  AND  MYELOMA RESEARCH, EDUCATION AND
   33  TREATMENT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF
   34  THE  COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL
   35  FUND TO BE KNOWN AS THE "LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCA-
   36  TION AND TREATMENT FUND".
   37    2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
   38  OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
   39  HUNDRED NINE-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW  AND  ALL
   40  OTHER  MONEYS  APPROPRIATED,  CREDITED,  OR TRANSFERRED THERETO FROM ANY
   41  OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS  SECTION
   42  SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
   43  PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
   44  THE FUND ACCORDING TO LAW.
   45    3.  MONIES  OF  THE FUND SHALL BE EXPENDED ONLY FOR LEUKEMIA, LYMPHOMA
   46  AND MYELOMA RESEARCH, EDUCATION AND TREATMENT PROJECTS. AS USED IN  THIS
   47  SECTION,  "LEUKEMIA, LYMPHOMA AND MYELOMA RESEARCH, EDUCATION AND TREAT-
   48  MENT PROJECTS" MEANS RESEARCH, EDUCATION AND TREATMENT PROJECTS, INCLUD-
   49  ING GRANTS FOR LEUKEMIA, LYMPHOMA AND MYELOMA  RESEARCH,  EDUCATION  AND
   50  TREATMENT,  WHICH, PURSUANT TO SECTION TWO THOUSAND SEVEN HUNDRED FORTY-
   51  SEVEN OF THE PUBLIC HEALTH  LAW,  ARE  APPROVED  BY  THE  DEPARTMENT  OF
   52  HEALTH.    SUCH  GRANTS  MAY INCLUDE, AMONG OTHERS, GRANTS TO PUBLIC AND
   53  PRIVATE HOSPITALS, MEDICAL CENTERS, MEDICAL SCHOOLS AND OTHER  ORGANIZA-
   54  TIONS.
       S. 1197--A                          3
    1    4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
    2  THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
    3  OF HEALTH.
    4    5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
    5  THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
    6  END OF THAT FISCAL YEAR.
    7    S 5. This act shall take effect immediately and shall apply to taxable
    8  years commencing on or after January 1, 2011.