|SAME AS||SAME AS S05952|
|MLTSPNSR||Abinanti, Dickens, Englebright, Epstein, Lavine, Niou, Reyes, Sayegh, Seawright, Taylor|
|Add 630-i, Tax L; add 86, St Fin L|
|Provides taxpayer gifts for gun violence research; requires the tax commission to include space on the personal income tax return to enable a taxpayer to make such contribution; establishes the gun violence research fund.|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2111 SPONSOR: Simon (MS)
TITLE OF BILL: An act to amend the tax law, in relation to providing taxpayer gifts for gun violence research; and to amend the state finance law, in relation to establishing the gun violence research fund   PURPOSE OR GENERAL IDEA OF BILL: Provides taxpayer gifts for gun violence research; establishes the gun violence research fund.   SUMMARY OF PROVISIONS: Section 1 amends the tax law by adding a new section 630-e. This new section allows an individual to contribute to the gun violence research fund established pursuant section 86 of the state finance law. Section 2 amends the state finance law by adding a new section 86 which establishes the "gun violence research fund" in joint custody of the state comptroller and the commissioner of taxation and finance. Money from the fund may be expended to the department of health and the state university of New York for gun violence research. The department of health and the state university of New York shall provide grants for the purpose of advancing and financing gun violence research. The next part of the section goes into the bidding process for grants. Section 3 allows this act to take effect immediately and shall apply to all tax years commencing on and after January 1, 2018.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): Effective Date change to January 1, 2018   JUSTIFICATION: Gun violence killed 33,636 Americans in the year 2013, which is compara- ble to the 33,804 Americans killed by motor vehicles in 2013. However, the funding provided by Congress to research prevention for these deaths is far from comparable. In fiscal year 2015 congress provided $170 million for injury prevention and control to the CDC, which includes car accidents. Additionally the National Highway Traffic Safety Adminis- tration received $830 million in 2015 devoted to vehicle and traffic safety research and grants. In 2013, Congress has provided no money to the CDC to fund research for gun safety. The National Institutes of Health and Department of Justice have commissioned around $5 million in gun violence related research. This disparity shows a complete disregard on the part of the United States Congress to end gun violence which is plaguing this country. Congress has not funded research into gun violence since 1996, essentially stopping the country's leading experts on public health from finding solutions to ending the gun problem. Today, gun violence has become a major threat to Americans. The public health threat from guns does not just come from mass shooting which are covered heavily by the media, but also from suicides, domestic violence and accidental deaths. This bill would give the taxpayers of 'New York State the option to donate money for the sole purpose of research on gun violence. Our federal legislators have failed to provide funds in order to research this issue which is plaguing our nation. Ultimately the goal of this legislation is to give the State of New York the resources to find a solution to curb deaths by gun violence in this country.   PRIOR LEGISLATIVE HISTORY: 2019-20 A.7539-referred to Ways and Means 2017-18 A.7539 -referred to Ways and Means 2015-16 A.9224 -referred to Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None   EFFECTIVE DATE: This act shall take effect immediately and shall apply to all tax years beginning on or after January 1, 2021.
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STATE OF NEW YORK ________________________________________________________________________ 2111 2021-2022 Regular Sessions IN ASSEMBLY January 14, 2021 ___________ Introduced by M. of A. SIMON, GRIFFIN -- Multi-Sponsored by -- M. of A. ABINANTI, DICKENS, ENGLEBRIGHT, EPSTEIN, LAVINE, NIOU, REYES, SAYEGH, SEAWRIGHT, TAYLOR -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to providing taxpayer gifts for gun violence research; and to amend the state finance law, in relation to establishing the gun violence research 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 630-i to 2 read as follows: 3 § 630-i. Gift for the gun violence research fund. Effective for any 4 tax year commencing on or after January first, two thousand twenty-one, 5 a taxpayer in any taxable year may elect to contribute to the gun 6 violence research fund established pursuant to section eighty-six of the 7 state finance law. Such contribution shall be in any whole dollar amount 8 and shall not reduce the amount of state tax owed by such taxpayer. The 9 commissioner shall include space on the personal income tax return to 10 enable a taxpayer to make such contribution. Notwithstanding any other 11 provision of law, all revenues collected pursuant to this section shall 12 be credited to the gun violence research fund and used only for those 13 purposes enumerated in section eighty-six of the state finance law. 14 § 2. The state finance law is amended by adding a new section 86 to 15 read as follows: 16 § 86. Gun violence research fund. 1. There is hereby established in 17 the joint custody of the state comptroller and the commissioner of taxa- 18 tion and finance a special fund to be known as the "gun violence 19 research fund". 20 2. Such fund shall consist of all revenues received by the department 21 of taxation and finance, pursuant to the provisions of section six 22 hundred thirty-i of the tax law and all other monies appropriated, cred- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01111-01-1A. 2111 2 1 ited, or transferred thereto from any other fund or source pursuant to 2 law. Nothing contained herein shall prevent the state from receiving 3 grants, gifts or bequests for the purposes of the fund as defined in 4 this section and depositing them into the fund according to law. 5 3. (a) Monies of the fund shall be expended to the department of 6 health and the state university of New York for gun violence research. 7 The department of health and the state university of New York shall 8 provide grants for the purpose of advancing and financing gun violence 9 research. 10 (b) Notwithstanding any inconsistent provision of section one hundred 11 sixty-three of this chapter, the commissioner of health and the chancel- 12 lor of the state university of New York are authorized to enter into a 13 contract or contracts under paragraph (a) of this subdivision without a 14 competitive bid or request for proposal process, provided, however, 15 that: 16 (i) The department of health and the state university of New York 17 shall post on their websites, for a period of no less than thirty days: 18 (1) a description of the proposed services to be provided pursuant to 19 the contract or contracts; 20 (2) the criteria for selection of a contractor or contractors; 21 (3) the period of time during which a prospective contractor may seek 22 selection, which shall be no less than thirty days after such informa- 23 tion is first posted on the websites; and 24 (4) the manner by which a prospective contractor may seek such 25 selection, which may include submission by electronic means. 26 (ii) All reasonable and responsive submissions that are received from 27 prospective contractors in a timely fashion shall be reviewed by the 28 commissioner of health and the chancellor of the state university of New 29 York; and 30 (iii) The commissioner of health and the chancellor of the state 31 university of New York shall select such contractor or contractors that, 32 in their discretion, are best suited to serve the purposes of this 33 section. 34 4. (a) On or before the first day of February each year, the comp- 35 troller shall certify to the governor, temporary president of the 36 senate, speaker of the assembly, chair of the senate finance committee 37 and chair of the assembly ways and means committee, the amount of money 38 deposited by each source in the New York state gun violence research 39 fund during the preceding calendar year as the result of revenue derived 40 pursuant to section six hundred thirty-i of the tax law and from all 41 other sources. 42 (b) On or before the first day of February each year, the commissioner 43 of health in coordination with the chancellor of the state university of 44 New York shall provide a written report to the temporary president of 45 the senate, speaker of the assembly, chair of the senate finance commit- 46 tee, chair of the assembly ways and means committee, chair of the senate 47 committee on health, chair of the assembly health committee, the state 48 comptroller and the public. Such report shall include how monies of the 49 fund were utilized during the preceding calendar year and shall include: 50 (i) the amount of money disbursed from the fund and the award process 51 used for such disbursements; 52 (ii) recipients of awards from the fund; 53 (iii) the amount awarded to each; 54 (iv) the purposes for which such awards were granted; and 55 (v) a summary financial plan for such monies which shall include esti- 56 mates of all receipts and all disbursements for the current and succeed-A. 2111 3 1 ing fiscal years, along with the actual results from the prior fiscal 2 year. 3 5. Monies shall be payable from the fund on the audit and warrant of 4 the comptroller on vouchers approved by the comptroller. 5 6. Contractors awarded grants from funds disbursed from this section 6 for the purpose of gun violence research shall, when their research has 7 concluded, provide a written report of their findings to the temporary 8 president of the senate, the speaker of the assembly, the chair of the 9 senate finance committee, the chair of the assembly ways and means 10 committee, the chair of the senate committee on health, the chair of the 11 assembly health committee, the state comptroller and the public. 12 § 3. This act shall take effect immediately and shall apply to all tax 13 years commencing on and after January 1, 2021.