Provides for corporate franchise tax and personal income gifts for the Helping Our Military in Emergencies (HOME) fund to help families encountering financial emergencies while their loved ones are serving in a combat zone; establishes such fund.
STATE OF NEW YORK
________________________________________________________________________
6757--A
2017-2018 Regular Sessions
IN ASSEMBLY
March 17, 2017
___________
Introduced by M. of A. WALSH, OAKS, BLANKENBUSH, CASTORINA, GIGLIO --
Multi-Sponsored by -- M. of A. BUTLER, FINCH, FITZPATRICK, KOLB, McDO-
NOUGH, ZEBROWSKI -- read once and referred to the Committee on Ways
and Means -- recommitted to the Committee on Ways and Means in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the tax law and the state finance law, in relation to
providing for taxpayer gifts for the Helping Our Military in Emergen-
cies (HOME) fund and establishing such fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The tax law is amended by adding a new section 209-L to
2 read as follows:
3 § 209-L. Gift for Helping Our Military in Emergencies (HOME). Effec-
4 tive for any tax year commencing on or after January first, two thousand
5 nineteen, a taxpayer in any taxable year may elect to contribute to the
6 support of the Helping Our Military in Emergencies (HOME) fund. Such
7 contribution shall be in any whole dollar amount and shall not reduce
8 the amount of the state tax owed by such taxpayer. The commissioner
9 shall include space on the corporate income tax return to enable a
10 taxpayer to make such contribution. Notwithstanding any other provision
11 of law, all revenues collected pursuant to this section shall be credit-
12 ed to the Helping Our Military in Emergencies (HOME) fund and shall be
13 used only for those purposes enumerated in section eighty-nine-i of the
14 state finance law.
15 § 2. The tax law is amended by adding a new section 630-f to read as
16 follows:
17 § 630-f. Gift for Helping Our Military in Emergencies (HOME). Effec-
18 tive for any tax year commencing on or after January first, two thousand
19 nineteen, an individual in any taxable year may elect to contribute to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06375-03-8
A. 6757--A 2
1 the Helping Our Military in Emergencies (HOME) fund. Such contribution
2 shall be in any whole dollar amount and shall not reduce the amount of
3 state tax owed by such individual. The commissioner shall include space
4 on the personal income tax return to enable a taxpayer to make such
5 contribution. Notwithstanding any other provision of law all revenues
6 collected pursuant to this section shall be credited to the Helping Our
7 Military in Emergencies (HOME) fund and used only for those purposes
8 enumerated in section eighty-nine-i of the state finance law.
9 § 3. The state finance law is amended by adding a new section 89-i to
10 read as follows:
11 § 89-i. Helping Our Military in Emergencies (HOME) fund. 1. There is
12 hereby established in the joint custody of the commissioner of taxation
13 and finance and the comptroller, a special fund to be known as the
14 "Helping Our Military in Emergencies (HOME) fund".
15 2. Such fund shall consist of all revenues received by the department
16 of taxation and finance, pursuant to the provisions of section two
17 hundred nine-L and section six hundred thirty-f of the tax law and all
18 other moneys appropriated, credited, or transferred thereto from any
19 other fund or source pursuant to law. Nothing contained in this section
20 shall prevent the state from receiving grants, gifts or bequests for the
21 purposes of the fund as defined in this section and depositing them into
22 the fund according to law.
23 3. Monies of the fund shall be expended only to help families encount-
24 ering financial emergencies while their loved ones are serving in a
25 combat zone. As used in this section, "service in a combat zone" shall
26 mean military service in an area designated by the president of the
27 United States by executive order as a combat zone at any time during the
28 period designated by the president by executive order as, the period of
29 combatant activities in such zone.
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 adjutant
32 general of the division of military and naval affairs.
33 5. To the extent practicable, the division of military and naval
34 affairs shall ensure that all monies received during a fiscal year are
35 expended prior to the end of that fiscal year.
36 § 4. This act shall take effect immediately.
