Bill Text: NY S02456 | 2009-2010 | General Assembly | Amended

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Bill Title: Allows taxpayers to contribute to the tuition assistance program fund on personal income tax forms; establishes the gifts to the tuition assistance program fund.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-04-26 - PRINT NUMBER 2456A [S02456 Detail]

Download: New_York-2009-S02456-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2456--A
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 20, 2009
                                      ___________
       Introduced  by  Sens. PARKER, ONORATO, SAMPSON -- read twice and ordered
         printed, and when printed to be committed to the Committee on Investi-
         gations and Government Operations -- 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
         allowing taxpayers to contribute to the tuition assistance program  on
         personal income tax returns
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Part 2 of article 22 of the tax law is amended by adding  a
    2  new section 630-c to read as follows:
    3    S  630-C.  GIFTS  TO THE TUITION ASSISTANCE PROGRAM. EFFECTIVE FOR ANY
    4  TAXABLE YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND  ELEVEN,
    5  AN  INDIVIDUAL  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE GIFTS
    6  TO THE TUITION ASSISTANCE PROGRAM FUND ESTABLISHED IN SECTION EIGHTY-ONE
    7  OF THE STATE FINANCE LAW. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
    8  AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
    9  VIDUAL.  THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX
   10  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION.   NOTWITHSTANDING
   11  ANY  OTHER  PROVISION  OF  LAW  ALL  REVENUES COLLECTED PURSUANT TO THIS
   12  SECTION SHALL BE CREDITED TO THE GIFTS TO THE TUITION ASSISTANCE PROGRAM
   13  FUND; USED IN ADDITION TO, NOT TO SUPPLANT, EXISTING FUNDING  UNDER  THE
   14  TUITION  ASSISTANCE PROGRAM; AND USED FOR ONLY THOSE PURPOSES ENUMERATED
   15  IN SECTION SIX HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
   16    S 2. The state finance law is amended by adding a new  section  81  to
   17  read as follows:
   18    S 81. GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND. 1. THERE IS HEREBY
   19  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02415-03-0
       S. 2456--A                          2
    1  COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
    2  GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND.
    3    2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF
    4  TAXATION AND FINANCE FROM GIFTS TO THE TUITION ASSISTANCE PROGRAM PURSU-
    5  ANT TO SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW.
    6    3.  MONEYS IN SUCH FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE
    7  COMMINGLED WITH ANY OTHER MONEYS IN  THE  CUSTODY  OF  THE  STATE  COMP-
    8  TROLLER.
    9    4.  SUCH  MONEYS,  AFTER  APPROPRIATION  BY  THE LEGISLATURE, SHALL BE
   10  AVAILABLE TO THE PRESIDENT  OF  THE  NEW  YORK  STATE  HIGHER  EDUCATION
   11  SERVICES  CORPORATION FOR THE DISTRIBUTION OF TUITION ASSISTANCE PROGRAM
   12  AWARDS.   NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
   13  COLLECTED  PURSUANT TO SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW SHALL
   14  BE CREDITED TO THE GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND, USED IN
   15  ADDITION TO, NOT TO SUPPLANT, EXISTING FUNDING UNDER THE TUITION ASSIST-
   16  ANCE PROGRAM AND USED FOR ONLY THOSE PURPOSES ENUMERATED IN SECTION  SIX
   17  HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
   18    5. THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED AND PAID OUT ON AUDIT
   19  AND  WARRANT OF THE COMPTROLLER ON THE CERTIFICATION OF THE COMMISSIONER
   20  OF EDUCATION OR SUCH OTHER OFFICER OR EMPLOYEE OR OFFICERS OR  EMPLOYEES
   21  AS  SUCH  COMPTROLLER AND SUCH COMMISSIONER SHALL AUTHORIZE TO MAKE SUCH
   22  REQUISITIONS.
   23    S 3. This act shall take effect on the first of January next  succeed-
   24  ing  the  date  on  which  it shall have become a law and shall apply to
   25  taxable years occurring on or after such date.