NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9290
SPONSOR: Farrell
 
TITLE OF BILL: An act to amend the state finance law and chapter 453
of the laws of 2015 amending the state finance law relating to tax
check-off funds, in relation to making technical corrections to language
relating to report recipients
 
PURPOSE:
The purpose of this legislation is to correct language relating to the
committee chair who is appropriately designated to receive the annual
report setting forth how the monies in certain tax check-off funds were
used during the preceding calendar year.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the Opening Paragraph of Paragraph 1-a of
Subdivision (a) of Section 83 of the State Finance Law (Fish and Wild-
life Management Account within the Conservation Fund) to provide that
the chairs of the senate and assembly committees on environmental
conservation receive the annual report setting forth how the monies in
certain tax check-off funds were used during the preceding calendar
year.
Section 2 of the bill amends the Opening Paragraph of Subdivision 2-a of
Section 84 of the State Finance Law (United States Olympic
Committee/Lake Placid Olympic Training Center Fund) to provide that the
chair of the senate committee on cultural affairs, tourism and parks and
recreation and the chair of the assembly committee on tourism, parks,
arts and sports development receive the annual report setting forth how
the monies in certain tax check-off funds were used during the preceding
calendar year.
Section 3 of the bill amends the Opening Paragraph of Subdivision 2-a of
Section 97- mmmm of the State Finance Law (Veterans Remembrance and
Cemetery Maintenance and Operation Fund) to provide that the chair of
the senate committee on veterans, homeland security and military affairs
and the chair of the assembly committee on veterans' affairs receive the
annual report setting forth how the monies in certain tax check-off
funds were used during the preceding calendar year.
Section 4 of the bill amends the opening Paragraph of Subdivision 2-a of
Section 99-v of the State Finance Law (Homeless Veterans Assistance
Fund) to provide that the chair of the senate committee on veterans,
homeland security and military affairs and the chair of the assembly
committee on veterans' affairs receive the annual report setting forth
how the monies in certain tax check-off funds were used during the
preceding calendar year.
Section 5 of the bill amends the Opening Paragraph of Subdivision 2-a of
Section 92-w of the State Finance Law (Missing and Exploited Children
Clearinghouse Fund) to provide that the chair of the senate committee on
codes, and the chair of the assembly codes committee receive the annual
report setting forth how the monies in certain tax check-off funds were
used during the preceding calendar year.
Section 6 of the bill amends Opening Paragraph of Subdivision 2-a of
Section 79 of the State Finance Law (World Trade Center Memorial Founda-
tion Fund) to eliminate the requirement that the chairs of the senate
and assembly health committees receive the annual report setting forth
how the monies in certain tax check-off funds were used during the
preceding calendar year.
Section 7 of the bill amends Opening Paragraph of Subdivision 2-a of
Section 99-q of the State Finance Law (Volunteer Firefighting and Volun-
teer Emergency Services • Recruitment and Retention- Fund) to provide
that the chair of the senate committee on local government, and the
chair of the assembly local government committee receive the annual
report setting forth how the monies in certain tax check-off funds were
used during the preceding calendar year.
Section 8 of the bill amends Subdivision 2 of section 71-b of the State
Finance Law to provide that for all funds created on or after the effec-
tive date of chapter 453 of the laws of 2015 (November 20, 2015), the
chair of the appropriate committee in the senate or assembly shall
receive the annual report setting forth how the monies in certain tax
check-off funds were used. during the preceding calendar year
Section 9 of the bill adds a new subdivision 2-a to Section 95-e of the
State Finance Law (New York State Autism Awareness and Research Fund) to
provide that the chairs of the senate committee on health and the assem-
bly committee on health receive the annual report from the commissioner
of health setting forth how the monies in certain tax checkoff funds
were used during the preceding calendar year.
Section 10 of the bill amends Section 14 of Chapter 453 of the Laws of
2015 amending the State Finance Law relating to tax check off funds to
provide that such chapter apply to all funds for which a tax check-off
is a source monies in such funds.
Section 11 sets forth the effective date.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
JUSTIFICATION:
In response to the findings of a 2014 State Comptroller's Report which
found that the pace of spending from the eight of the twelve dedicated
funds in existence at the time with accumulated balances had declined
and that while $12 million came into the check-off funds (excluding the
Conservation Fund and the World Trade Center Memorial Fund) during the
previous five years, only $5.1 million had been spent, Chapter 453 of
the Laws of 2015 was enacted to establish uniform requirements for all
funds in which tax check-off monies are deposited and to require annual
reports relating to the use and expenditure of such monies.
Such chapter, erroneously provided that in certain instances the chairs
of the senate and assembly committees on health were to receive the
annual report setting forth how the monies in certain tax check-off
funds were used during the preceding calendar year. This bill corrects
this oversight and provides for the correct committee chair to receive
such report.
Additionally, after Chapter 453 of the Laws of 2015 was signed, another
bill was signed that authorized a tax check-off as a new source for
monies for the New York State Autism Awareness and Research Fund, a
previously existing fund. This brought to light a situation wherein a
fund in existence at the time chapter 453 was enacted would not be
subject to the requirements of Chapter 453 because at such time it did
not have a tax check-off option as a funding source. This bill closes
that loophole.
 
FISCAL IMPLICATIONS FOR STATE:
This bill has no significant State fiscal impact.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall be deemed to have been
in full force and effect on the same date and in the same manner as
chapter 453 of the laws of 2015 took effect.