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A09290 Memo:

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.
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