S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7216

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               May 8, 2013
                               ___________

Introduced by M. of A. JACOBS -- read once and referred to the Committee
  on Health

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
  research and establishing the colon cancer research fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new article
27-CCC to read as follows:
                             ARTICLE 27-CCC
                      COLON CANCER RESEARCH PROGRAM
SECTION 2746. COLON CANCER RESEARCH.
  S 2746. COLON CANCER RESEARCH.  THE COMMISSIONER SHALL ESTABLISH WITH-
IN THE DEPARTMENT A PROGRAM TO PROMOTE RESEARCH REGARDING COLON  CANCER.
TO  CARRY  OUT THE PURPOSES OF THIS SECTION, THE COMMISSIONER SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
  1. TO PROMOTE RESEARCH PROGRAMS DESIGNED  TO  REDUCE  OR  PREVENT  THE
INCIDENCE AND SEVERITY OF COLON CANCER;
  2. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
ATIONS  AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS AS
TO THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE  FUNDS
BY THE STATE FINANCE LAW; AND
  3.  TO  ENTER  INTO CONTRACTS WITHIN THE AMOUNTS AVAILABLE THEREFOR AS
MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. The tax law is amended by adding a new section 209-I to  read  as
follows:
  S  209-I.  GIFT FOR COLON CANCER RESEARCH.  EFFECTIVE FOR ANY TAX YEAR
COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, A  TAXPAYER
IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE COLON
CANCER RESEARCH FUND. SUCH CONTRIBUTION SHALL BE  IN  ANY  WHOLE  DOLLAR
AMOUNT  AND  SHALL  NOT  REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03168-02-3
              

A. 7216                             2

TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE  CORPORATE  INCOME
TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
ING  ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS
SECTION SHALL BE CREDITED TO THE COLON CANCER RESEARCH FUND AND SHALL BE
USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-TWO-GG OF THE
STATE FINANCE LAW.
  S 3.  The tax law is amended by adding a new section 629-a to read  as
follows:
  S  629-A.  GIFT FOR COLON CANCER RESEARCH.  EFFECTIVE FOR ANY TAX YEAR
COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, AN INDIVID-
UAL IN ANY TAXABLE YEAR MAY ELECT TO  CONTRIBUTE  TO  THE  COLON  CANCER
RESEARCH FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND
SHALL  NOT  REDUCE  THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE
COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME  TAX  RETURN  TO
ENABLE  A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITHSTANDING ANY OTHER
PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS  SECTION  SHALL
BE  CREDITED  TO  THE COLON CANCER RESEARCH FUND AND USED ONLY FOR THOSE
PURPOSES ENUMERATED IN SECTION NINETY-TWO-GG OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section 92-gg to
read as follows:
  S 92-GG. COLON CANCER RESEARCH FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE  AND  THE
COMPTROLLER,  A  SPECIAL  FUND TO BE KNOWN AS THE "COLON CANCER RESEARCH
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION TWO
HUNDRED NINE-I AND SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW  AND
ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY
OTHER  FUND  OR  SOURCE  PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL
PREVENT THE STATE FROM RECEIVING  GRANTS,  GIFTS  OR  BEQUESTS  FOR  THE
PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COLON CANCER RESEARCH
PROJECTS.  AS  USED  IN  THIS  SECTION, "COLON CANCER RESEARCH PROJECTS"
MEANS RESEARCH PROJECTS, INCLUDING GRANTS  FOR  COLON  CANCER  RESEARCH,
WHICH,  PURSUANT TO SECTION TWENTY-SEVEN HUNDRED FORTY-SIX OF THE PUBLIC
HEALTH LAW, ARE APPROVED BY THE DEPARTMENT OF HEALTH.
  4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF HEALTH.
  5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
  S 5. This act shall take effect immediately.