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A00283 Summary:

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A00283 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         283--A
                                                                 Cal. No. 16
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of  A. CUSICK, ORTIZ, ABBATE, SCHIMMINGER, V. LOPEZ,
          WEISENBERG, BOYLAND, MILLMAN, SWEENEY, CLARK,  TITONE  --  Multi-Spon-
          sored by -- M. of A. AUBRY, COLTON, GABRYSZAK, GUNTHER, HOOPER, LUPAR-

          DO,  McENENY,  PEOPLES-STOKES,  J. RIVERA -- 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 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    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00530-02-2
        A. 283--A                           2
 
     1    3. to enter into contracts within the amounts  available  therefor  as
     2  may be necessary to implement the provisions of this section.
     3    §  2.  The tax law is amended by adding a new section 209-H to read as
     4  follows:
     5    § 209-H. Gift for leukemia, lymphoma and myeloma  research,  education

     6  and  treatment.  Effective for any tax year commencing on or after Janu-
     7  ary first, two thousand fourteen, a taxpayer in  any  taxable  year  may
     8  elect to contribute to the support of the leukemia, lymphoma and myeloma
     9  research,  education  and  treatment fund. Such contribution shall be in
    10  any 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 leukemia,
    15  lymphoma and myeloma research, education and treatment fund and shall be

    16  used only for those purposes enumerated in section ninety-seven-llll  of
    17  the state finance law.
    18    §  3.  The tax law is amended by adding a new section 630-c to read as
    19  follows:
    20    § 630-c. Gift for leukemia, lymphoma and myeloma  research,  education
    21  and  treatment.  Effective for any tax year commencing on or after Janu-
    22  ary first, two thousand fourteen, an individual in any taxable year  may
    23  elect  to  contribute  to  the  leukemia, lymphoma and myeloma research,
    24  education and treatment fund. Such contribution shall be  in  any  whole
    25  dollar  amount and shall not reduce the amount of state tax owed by such
    26  individual. The commissioner shall include space on the personal  income

    27  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
    28  standing any other provision of law all revenues collected  pursuant  to
    29  this  section  shall  be  credited to the leukemia, lymphoma and myeloma
    30  research, education and treatment fund and used only for those  purposes
    31  enumerated in section ninety-seven-llll of the state finance law.
    32    §  4. The state finance law is amended by adding a new section 97-llll
    33  to read as follows:
    34    § 97-llll. Leukemia, lymphoma  and  myeloma  research,  education  and
    35  treatment  fund.  1. There is hereby established in the joint custody of
    36  the commissioner of taxation and finance and the comptroller, a  special
    37  fund to be known as the "leukemia, lymphoma and myeloma research, educa-

    38  tion and treatment fund".
    39    2.  Such fund shall consist of all revenues received by the department
    40  of taxation and finance, pursuant  to  the  provisions  of  section  two
    41  hundred  nine-H  and section six hundred thirty-c of the tax law and all
    42  other moneys appropriated, credited, or  transferred  thereto  from  any
    43  other  fund or source pursuant to law. Nothing contained in this section
    44  shall prevent the state from receiving grants, gifts or bequests for the
    45  purposes of the fund as defined in this section and depositing them into
    46  the fund according to law.
    47    3. Monies of the fund shall be expended only  for  leukemia,  lymphoma
    48  and  myeloma research, education and treatment projects. As used in this

    49  section, "leukemia, lymphoma and myeloma research, education and  treat-
    50  ment projects" means research, education and treatment projects, includ-
    51  ing  grants  for  leukemia, lymphoma and myeloma research, education and
    52  treatment, which, pursuant to section twenty-seven  hundred  forty-seven
    53  of  the  public  health  law,  are approved by the department of health.
    54  Such grants may include, among others,  grants  to  public  and  private
    55  hospitals, medical centers, medical schools and other organizations.
        A. 283--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    § 5. This act shall take effect immediately and shall apply to taxable
     8  years commencing on or after January 1, 2014.