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A04403 Summary:

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A04403 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4403--A
                                                                Cal. No. 581
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 3, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  CYMBROWITZ, CANESTRARI, WEISENBERG, MILLMAN,
          CLARK, COLTON, SCHIMMINGER, V. LOPEZ, CAHILL -- Multi-Sponsored by  --
          M.  of  A. COOK, GLICK, HOOPER, JACOBS, MAGEE, McENENY, ORTIZ, 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  colon  cancer
          education and establishing the colon cancer education 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                       COLON CANCER EDUCATION PROGRAM
     5  Section 2746. Colon cancer education.
     6    §  2746.  Colon  cancer  education.   The commissioner shall establish

     7  within the department a program to promote patient  education  regarding
     8  colon cancer. To carry out the purposes of this section, the commission-
     9  er shall have the following powers and duties:
    10    1. to promote patient education programs designed to reduce or prevent
    11  the incidence and severity of colon cancer;
    12    2. to accept and expend any grants, awards or other funds or appropri-
    13  ations  as may be available for these purposes subject to limitations as
    14  to the approval of expenditures and audit as prescribed for state  funds
    15  by the state finance law; and
    16    3.  to  enter  into contracts within the amounts available therefor as
    17  may be necessary to implement the provisions of this section.

    18    § 2. The tax law is amended by adding a new section 209-H to  read  as
    19  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07797-02-2
        A. 4403--A                          2
 
     1    §  209-H.  Gift for colon cancer education.  A taxpayer in any taxable
     2  year may elect to contribute to the support of the colon  cancer  educa-
     3  tion  fund.  Such  contribution  shall be in any whole dollar amount and
     4  shall not reduce the amount of the state tax owed by such taxpayer.  The
     5  commissioner  shall  include space on the corporate income tax return to

     6  enable a taxpayer to make such contribution. Notwithstanding  any  other
     7  provision  of law, all revenues collected pursuant to this section shall
     8  be credited to the colon cancer education fund and shall  be  used  only
     9  for  those  purposes  enumerated in section ninety-seven-cc of the state
    10  finance law.
    11    § 3. The tax law is amended by adding a new section 630-c to  read  as
    12  follows:
    13    §  630-c. Gift for colon cancer education.  An individual in any taxa-
    14  ble year may elect to contribute to the  colon  cancer  education  fund.
    15  Such  contribution  shall  be  in  any whole dollar amount and shall not
    16  reduce the amount of state tax owed by such individual. The commissioner
    17  shall include space on the  personal  income  tax  return  to  enable  a

    18  taxpayer to make such contribution.  Notwithstanding any other provision
    19  of law all revenues collected pursuant to this section shall be credited
    20  to  the  colon  cancer  education  fund and used only for those purposes
    21  enumerated in section ninety-seven-cc of the state finance law.
    22    § 4. The state finance law is amended by adding a new section 97-cc to
    23  read as follows:
    24    § 97-cc. Colon cancer education fund. 1. There is  hereby  established
    25  in the joint custody of the commissioner of taxation and finance and the
    26  comptroller,  a  special fund to be known as the "colon cancer education
    27  fund".
    28    2. Such fund shall consist of all revenues received by the  department
    29  of  taxation  and  finance,  pursuant  to the provisions of sections two

    30  hundred nine-H and six hundred thirty-c of the tax  law  and  all  other
    31  moneys  appropriated,  credited,  or  transferred thereto from any other
    32  fund or source pursuant to law. Nothing contained in this section  shall
    33  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    34  purposes of the fund as defined in this section and depositing them into
    35  the fund according to law.
    36    3. Monies of the fund shall be expended only for colon  cancer  educa-
    37  tional  projects.  As  used  in  this  section,  "colon cancer education
    38  projects" means educational projects, including grants for colon  cancer
    39  education,  which, pursuant to section twenty-seven hundred forty-six of
    40  the public health law, are approved by the department of health.

    41    4. Monies shall be payable from the fund on the audit and  warrant  of
    42  the  comptroller  on vouchers approved and certified by the commissioner
    43  of health.
    44    5. To the extent practicable, the commissioner of health shall  ensure
    45  that  all monies received during a fiscal year are expended prior to the
    46  end of that fiscal year.
    47    § 5. This act shall take effect on the first of January next  succeed-
    48  ing  the  date  on  which  it shall have become a law and shall apply to
    49  taxable years beginning on and after such effective date.