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A00543 Summary:

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A00543 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         543--A
                                                                Cal. No. 479
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of  A. GIBSON, P. RIVERA, N. RIVERA, TITONE, JAFFEE,
          STEVENSON, CRESPO, AUBRY, SCHIMEL, SCARBOROUGH --  Multi-Sponsored  by
          -- M. of A.  ARROYO, BOYLAND, CLARK, HEASTIE, MARKEY, MILLMAN, SWEENEY

          --  read once and referred to the Committee on Health -- advanced to a
          third reading, amended and ordered reprinted, retaining its  place  on
          the order of third reading
 
        AN ACT to amend the public health law, the tax law and the state finance
          law,  in  relation  to  providing for taxpayer gifts for   lung cancer
          education and prevention and establishing the  lung  cancer  education
          and prevention fund
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 207 of the public  health  law  is
     2  amended by adding a new paragraph (i) to read as follows:
     3    (i)  The  dangers  of lung cancer, including ways to prevent the inci-
     4  dence and severity of the disease.

     5    § 2. The tax law is amended by adding a new section 209-H to  read  as
     6  follows:
     7    § 209-H. Gift for lung cancer education and prevention.  A taxpayer in
     8  any  taxable  year  may  elect  to contribute to the support of the lung
     9  cancer education and prevention fund. Such contribution shall be in  any
    10  whole  dollar  amount  and  shall not reduce the amount of the state tax
    11  owed by such taxpayer. The  commissioner  shall  include  space  on  the
    12  corporate  income  tax return to enable a taxpayer to make such contrib-
    13  ution.  Notwithstanding  any  other  provision  of  law,  all   revenues
    14  collected  pursuant to this section shall be credited to the lung cancer
    15  education and prevention fund and shall be used only for those  purposes

    16  enumerated in section ninety-seven-llll of the state finance law.
    17    §  3.  Part  2 of article 22 of the tax law is amended by adding a new
    18  section 630-c to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00218-02-2
        A. 543--A                           2
 
     1    § 630-c. Gift for lung cancer education and prevention.  An individual
     2  in any taxable year may elect to contribute to the lung cancer education
     3  and prevention fund. Such contribution shall  be  in  any  whole  dollar
     4  amount  and  shall not reduce the amount of state tax owed by such indi-

     5  vidual.  The commissioner shall include space on the personal income tax
     6  return to enable a taxpayer to make such contribution.   Notwithstanding
     7  any  other  provision  of  law  all  revenues collected pursuant to this
     8  section shall be credited to the lung cancer  education  and  prevention
     9  fund  and used only for those purposes enumerated in section ninety-sev-
    10  en-llll of the state finance law.
    11    § 4. The state finance law is amended by adding a new section  97-llll
    12  to read as follows:
    13    §  97-llll.  Lung  cancer  education  and prevention fund. 1. There is
    14  hereby established in the joint custody of the commissioner of  taxation
    15  and finance and the comptroller, a special fund to be known as the "lung
    16  cancer education and prevention fund".

    17    2.  Such fund shall consist of all revenues received by the department
    18  of taxation and finance, pursuant  to  the  provisions  of  section  two
    19  hundred  nine-H and section six hundred thirty-c of the tax law, and all
    20  other moneys appropriated, credited  or  transferred  thereto  from  any
    21  other  fund or source pursuant to law. Nothing contained in this section
    22  shall prevent the state from receiving grants, gifts or bequests for the
    23  purposes of the fund as defined in this section and depositing them into
    24  the fund according to law.
    25    3. Monies of the fund shall be expended only for lung cancer education
    26  and prevention projects. As used in this section, "lung cancer education
    27  and prevention projects" means educational  projects,  including  grants

    28  for lung cancer education and prevention programs, which are approved by
    29  the department of health.
    30    4.  Monies  shall be payable from the fund on the audit and warrant of
    31  the comptroller on vouchers approved and certified by  the  commissioner
    32  of health.
    33    5.  To the extent practicable, the commissioner of health shall ensure
    34  that all monies received during a fiscal year are expended prior to  the
    35  end of that fiscal year.
    36    § 5. This act shall take effect immediately.