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A02111 Summary:

BILL NOA02111
 
SAME ASSAME AS S05952
 
SPONSORSimon (MS)
 
COSPNSRGriffin, Jacobson
 
MLTSPNSRAbinanti, 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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A02111 Memo:

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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A02111 Text:



 
                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.
                                                                   LBD01111-01-1

        A. 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.
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