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S06577 Summary:

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S06577 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6577--A
            Cal. No. 590
 
                    IN SENATE
 
                                    January 27, 2016
                                       ___________
 
        Introduced  by  Sen.  MURPHY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Veterans, Homeland Securi-
          ty and Military Affairs -- reported favorably from said committee  and
          committed  to the Committee on Finance -- reported favorably from said
          committee, ordered to first and second  report,  ordered  to  a  third
          reading,  passed  by  Senate  and delivered to the Assembly, recalled,
          vote reconsidered, restored to  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
 
        AN  ACT to amend the tax law, in relation to establishing business fran-
          chise and personal income tax gifts for state veterans' homes; and  to
          amend the state finance law, in relation to establishing the veterans'
          home assistance 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-J  to
     2  read as follows:
     3    §  209-J.  Gift  for New York state veterans' homes. Effective for any
     4  tax year commencing on or after January first, two  thousand  seventeen,
     5  any  taxpayer  in any taxable year may elect to contribute to the veter-
     6  ans' home assistance fund. Such  contribution  shall  be  in  any  whole
     7  dollar  amount and shall not reduce the amount of state tax owed by such
     8  taxpayer. The commissioner shall include space on the  corporate  income
     9  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
    10  standing any other provision of law, all revenues collected pursuant  to
    11  this section shall be credited to the veterans' home assistance fund and
    12  used  only  for  those  purposes enumerated in section eighty-one of the
    13  state finance law.
    14    § 2. The tax law is amended by adding a new section 627-c to  read  as
    15  follows:
    16    §  627-c.  Gift  for New York state veterans' homes. Effective for any
    17  tax year commencing on or after January first, two  thousand  seventeen,
    18  an  individual in any taxable year may elect to contribute to the veter-
    19  ans' home assistance fund. Such  contribution  shall  be  in  any  whole
    20  dollar  amount and shall not reduce the amount of state tax owed by such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13704-03-6
        S. 6577--A                          2
 
     1  individual. The commissioner shall include space on the personal  income
     2  tax return to enable a taxpayer to make such contribution. Notwithstand-
     3  ing  any other provision of law, all revenues collected pursuant to this
     4  section shall be credited to the veterans' home assistance fund and used
     5  only  for  those  purposes enumerated in section eighty-one of the state
     6  finance law.
     7    § 3. The state finance law is amended by adding a new  section  81  to
     8  read as follows:
     9    §  81.  Veterans' home assistance fund. 1. There is hereby established
    10  in the joint custody of the commissioner of taxation and finance and the
    11  comptroller, a special fund to be known as the "veterans'  home  assist-
    12  ance fund".
    13    2.  Such fund shall consist of all revenues received by the department
    14  of taxation and finance, pursuant to  the  provisions  of  sections  two
    15  hundred  nine-J  and  six hundred twenty-seven-c of the tax law, and all
    16  other moneys appropriated, credited  or  transferred  thereto  from  any
    17  other  fund or source pursuant to law. For each state fiscal year, there
    18  shall be appropriated to the fund by the state, in addition to all other
    19  moneys required to be deposited into such fund, an amount equal  to  the
    20  aggregate  of  the  amounts  of  moneys collected and deposited into the
    21  veterans' home assistance fund pursuant to sections two  hundred  nine-J
    22  and  six  hundred  twenty-seven-c  of  the  tax law and all other moneys
    23  received and deposited into such fund from grants,  gifts  and  bequests
    24  during  the immediately preceding calendar year. Nothing in this section
    25  shall prevent the state from soliciting and receiving grants,  gifts  or
    26  bequests  for  the  purposes  of the fund as defined in this section and
    27  depositing them into the fund according to law.
    28    3. On or before the first of February each year, the comptroller shall
    29  certify to the governor, the temporary  president  of  the  senate,  the
    30  speaker  of  the assembly, the chair of the senate finance committee and
    31  the chair of the assembly ways and means committee, the amount of monies
    32  deposited into the veterans' home assistance fund during the immediately
    33  preceding calendar year as the result of revenues collected pursuant  to
    34  sections  two  hundred  nine-J and six hundred twenty-seven-c of the tax
    35  law, and from all grants, gifts and bequests to such fund.
    36    4. Moneys of the fund shall be expended only for the care and  mainte-
    37  nance of veterans' homes operated by agencies of the state, and shall be
    38  disbursed  equally  each state fiscal year to each of the following five
    39  veterans' homes: the state home for veterans  and  their  dependents  at
    40  Oxford,  the  state home for veterans in the city of New York, the state
    41  home for veterans at Batavia, the state home for  veterans  at  Montrose
    42  and the Long Island state veterans home at Stony Brook university.
    43    5.  Moneys  shall be payable from the fund on the audit and warrant of
    44  the comptroller on vouchers approved and certified by  the  commissioner
    45  of health, for veterans' homes operated by the department of health, and
    46  by the commissioner of education, for the veterans' home operated by the
    47  state university of New York.
    48    6. Moneys in the veterans' home assistance fund shall be kept separate
    49  and  shall not be commingled with any other moneys in the custody of the
    50  commissioner of taxation and finance and/or the comptroller.
    51    7. On or before the first of February each year, the  commissioner  of
    52  health  shall provide a written report to the temporary president of the
    53  senate, speaker of the assembly, chair of the senate finance  committee,
    54  chair  of  the  assembly  ways  and means committee, chair of the senate
    55  committee on health, chair of the assembly health committee,  the  state
    56  comptroller  and the public. Such report shall include how the monies of
        S. 6577--A                          3
 
     1  the fund were utilized during the  preceding  calendar  year  and  shall
     2  include:
     3    (a)  the amount of money dispersed from the fund and the award process
     4  used for such disbursements;
     5    (b) the recipients of awards from the fund;
     6    (c) the amount awarded to each;
     7    (d) the purposes for which such awards were granted; and
     8    (e) a summary financial plan for such monies which shall include esti-
     9  mates of all receipts and all disbursements for the current and succeed-
    10  ing fiscal years, along with the actual results from  the  prior  fiscal
    11  year.
    12    § 4. This act shall take effect immediately.