senate Bill S6384A

Repeals and reenacts the New York state prostate cancer research, detection and education fund

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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  • 21 / Jan / 2014
    • REFERRED TO FINANCE
  • 19 / Feb / 2014
    • AMEND AND RECOMMIT TO FINANCE
  • 19 / Feb / 2014
    • PRINT NUMBER 6384A

Summary

Repeals and reenacts the New York state prostate cancer research, detection and education fund.

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Bill Details

See Assembly Version of this Bill:
A8481A
Versions:
S6384
S6384A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Rpld §95-e, add §95-h, St Fin L; amd §§209-E & 630, Tax L; amd §2807-v, Pub Health L

Sponsor Memo

BILL NUMBER:S6384A

TITLE OF BILL: An act to amend the state finance law, the tax law and
the public health law, in relation to establishing the New York state
prostate cancer research, detection and education fund; and to repeal
section 95-e of the state finance law relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would repeal the enabling section of the state finance law
which has led to almost two million dollars directed to the New York
state prostate cancer research, detection and education fund via a tax
check off to not be distributed to any recipient organizations.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 repeals section 95-e of the state finance law, as added by
chapter 273 of the laws of 2004 and adds a new section 95-h that
establishes the "New York State Prostate Cancer Research, Detection,
and Education Fund."

(2)Provides revenue for the fund pursuant to provisions of section two
hundred nine-E and six hundred thirty of the tax law, all revenues
appropriated by the legislature, and all moneys appropriated,
credited, or transferred from any other fund pursuant to law. Also,
for each fiscal year, the state shall appropriate a fund, in addition
to all other moneys required to be deposited, an amount equal to the
amounts of moneys collected and deposited into the fund pursuant to
sections two hundred nine-E and six hundred thirty of the tax law
during the preceding calendar year, as certified by the comptroller.
States that nothing in this section shall prevent the state from
receiving gifts, grants or bequests for the purpose of the fund. Any
interest received by the comptroller on moneys on deposits shall be
retained and become part of such fund.

(3) Establishes the annual period by which the comptroller shall
certify to the governor, temporary president of the senate, sneaker of
the assembly, chair of the senate finance committee, and chair of
assembly ways and means committee, the amount of money deposited in
the fund during the previous year.

(4) Establishes guidelines relating to expenditures for "Prostate
cancer research, detection and education projects and provides
definitions for said expenditures.

(5) Establishes that monies shall be payable from the fund on the
audit and warrant of the comptroller on vouchers approved by the
commissioner of health.

(6) States that commissioner of health shall ensure that all monies
received are expended by the and of the fiscal year.

Section 2 Amends section 209-E of chapter 273 of the laws of 2004 by
establishing the process by which taxpayers may contribute to the
support of the New York State prostate cancer research, detection, and
education fund by space provided on the corporate income tax return,


provided that such contribution shall not reduce the amount of state
tax owed by such taxpayer.

Section 3 amends Section 630 of the tax law, as added by chapter 273
of the laws of 2004 by establishing the process by which taxpayers may
contribute to the support of the New York state prostate cancer
research, detection, and education fund by space provided on the
personal income tax return, provided that such contribution shall not
reduce the amount of state tax owed by such taxpayer.

Section 4 amends the opening paragraph of paragraph (k) of subdivision
1 of section 2807-v of the public health law, as amended by section 8
of part C of chapter 59 of the laws of 2011 by providing for the
transfer of five hundred thousand dollars on an annualized basis from
the health care services account, or any successor fund or account to
the New York state prostate cancer research, detection, and education
fund.

Section 5 states this act shall take effect immediately.

JUSTIFICATION:

Since enabling legislation in 2004, New York taxpayers have been able
to donate money to prostate cancer research and education programs
through a tax check off.

New York taxpayers have generously donated $1.8 million through their
returns to aid the fight against prostate cancer, but researchers and
education programs - the intended recipients of the money - have not
received any funds. The prostate cancer research fund is one of eight
causes state residents can support through a check off on their tax
forms. However, unlike the other check offs, the legislation that
underpins the prostate cancer check off narrowly limits the funds to a
single non-profit.

A recent OSC audit shows the Prostate Cancer Fund has not yet paid out
money as of December 2012, leaving 51.8m in unused funds. According to
the audit, the fund managed by the comptroller is titled the "Prostate
and Testicular Cancer Research Fund which is not reflected in
legislation. Funds are fed to the both the breast cancer check off and
the prostate cancer check from check off laws in the Tax Law. The fund
itself is created by State Finance Law Section 95-e which is the root
of the problem, and this legislation intends to fix. The breast cancer
check off, like the majority of other income tax check offs, directs
funds to a DOH administered fund, NOT a single not for profit entity;
particularly not one like the New York State Coalition to Cure
Prostate Cancer which according to recent press reports: "...did not
exist before 2004, the year the check off law passed, and the Internal
Revenue Service automatically revoked its federal tax-exempt status in
2011 for failing to submit required returns three years in a row."

The proposed legislation would bring the Prostate cancer check box in
line with the Breast Cancer check box which has two similar check box
enabling sections in the Tax law and a fund created by State Finance
Law Section 97-YY.

PRIOR LEGISLATIVE HISTORY:


New Bill

FISCAL IMPLICATIONS:

Minimal fiscal impact.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 6384--A

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the state finance law, the tax law and the public health
  law,  in  relation  to establishing the New York state prostate cancer
  research, detection and education fund; and to repeal section 95-e  of
  the state finance law relating thereto

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

  Section 1. Section 95-e of the state finance law, as added by  chapter
273  of the laws of 2004 is REPEALED, and a new section 95-h is added to
read as follows:
  S 95-H. NEW YORK STATE PROSTATE CANCER RESEARCH, DETECTION AND  EDUCA-
TION  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 "NEW YORK STATE PROSTATE CANCER  RESEARCH,  DETECTION
AND EDUCATION FUND".
  2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTIONS TWO HUNDRED NINE-E AND SIX HUNDRED THIRTY OF  THE
TAX  LAW, ALL REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGIS-
LATURE, AND ALL MONEYS APPROPRIATED, CREDITED,  OR  TRANSFERRED  THERETO
FROM  ANY  OTHER  FUND  OR SOURCE PURSUANT TO LAW. FOR EACH STATE FISCAL
YEAR, THERE SHALL BE APPROPRIATED TO THE FUND BY THE STATE, IN  ADDITION
TO  ALL  OTHER MONEYS REQUIRED TO BE DEPOSITED INTO SUCH FUND, AN AMOUNT
EQUAL TO THE AMOUNTS OF MONEYS COLLECTED AND  DEPOSITED  INTO  THE  FUND
PURSUANT  TO  SECTIONS  TWO HUNDRED NINE-E AND SIX HUNDRED THIRTY OF THE
TAX LAW DURING THE PRECEDING CALENDAR YEAR, AS CERTIFIED  BY  THE  COMP-
TROLLER.  NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE STATE FROM
RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE  PURPOSES  OF  THE  FUND  AS
DEFINED  IN THIS SECTION AND DEPOSITING THEM IN TO THE FUND ACCORDING TO
LAW. ANY INTEREST RECEIVED BY THE COMPTROLLER ON MONEYS  ON  DEPOSIT  IN
SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13115-03-4

S. 6384--A                          2

  3.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND  CHAIR  OF
THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
THE  NEW  YORK  STATE  PROSTATE CANCER RESEARCH, DETECTION AND EDUCATION
FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED
PURSUANT TO SECTIONS TWO HUNDRED NINE-E AND SIX HUNDRED  THIRTY  OF  THE
TAX LAW, AND FROM GRANTS, GIFTS AND BEQUESTS.
  4.  (A)  MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR PROSTATE CANCER
RESEARCH, DETECTION AND EDUCATION PROJECTS OR PROSTATE CANCER  RESEARCH,
DETECTION  AND  EDUCATION RESEARCH PROJECTS IN THE STATE APPROVED BY THE
DEPARTMENT OF HEALTH.
  (B) AS USED IN THIS SECTION:
  (I)  "PROSTATE  CANCER  RESEARCH,  DETECTION  AND  EDUCATION  RESEARCH
PROJECTS" MEANS SCIENTIFIC RESEARCH APPROVED BY THE DEPARTMENT OF HEALTH
INTO THE CAUSES AND/OR TREATMENT OF PROSTATE CANCER.
  (II)  "PROSTATE  CANCER  RESEARCH,  DETECTION  AND EDUCATION PROJECTS"
MEANS PROJECTS APPROVED BY THE DEPARTMENT OF HEALTH AIMED TOWARD EDUCAT-
ING THE GENERAL PUBLIC ABOUT THE DETECTION, CAUSES, SYMPTOMS AND  TREAT-
MENTS OF PROSTATE CANCER.
  5.  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.
  6.  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 2. Section 209-E of the tax law, as added by chapter 273 of the laws
of 2004, is amended to read as follows:
  S  209-E.  Gift for prostate cancer research, detection and education.
Effective for any tax year commencing on or  after  January  first,  two
thousand four, a taxpayer in any taxable year may elect to contribute to
the  support  of  the New York state prostate cancer research, detection
and education fund. Such contribution  shall  be  in  any  whole  dollar
amount  and  shall  not  reduce the amount of the state tax owed by such
taxpayer. The commissioner shall include space on the  corporate  income
tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
standing any other provision of law, all revenues collected pursuant  to
this  section  shall  be  credited to the New York state prostate cancer
research, detection and education fund and shall be used only for  those
purposes  enumerated  in  section  [ninety-five-e]  NINETY-FIVE-H of the
state finance law.
  S 3. Section 630 of the tax law, as added by chapter 273 of  the  laws
of 2004, is amended to read as follows:
  S  630.  Gift  for  prostate cancer research, detection and education.
Effective for any tax year commencing on or  after  January  first,  two
thousand four, an individual in any taxable year may elect to contribute
to  the New York state prostate cancer research, detection and education
fund. Such contribution shall be in any whole dollar  amount  and  shall
not  reduce the amount of state tax owed by such individual. The commis-
sioner 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 New York state prostate cancer research, detection and education
fund and used only for those purposes  enumerated  in  section  [ninety-
five-e] NINETY-FIVE-H of the state finance law.

S. 6384--A                          3

  S  4.  The  opening  paragraph  of  paragraph  (k) of subdivision 1 of
section 2807-v of the public health law, as amended by section 8 of part
C of chapter 59 of the laws of 2011, is amended to read as follows:
  Funds shall be deposited by the commissioner, within amounts appropri-
ated,  and  the  state  comptroller is hereby authorized and directed to
receive for deposit to the credit of the state special  revenue  fund  -
other,  HCRA transfer fund, health care services account, or any succes-
sor fund or account, for purposes of services and  expenses  related  to
public  health programs, including comprehensive care centers for eating
disorders pursuant to the former section  twenty-seven  hundred  ninety-
nine-l  of  this chapter, provided however that, for such centers, funds
in the amount of five hundred thousand dollars on  an  annualized  basis
shall  be  transferred  from  the  health  care services account, or any
successor fund or  account,  and  deposited  into  the  NEW  YORK  STATE
PROSTATE  CANCER  RESEARCH,  DETECTION AND EDUCATION fund established by
section [ninety-five-e] NINETY-FIVE-H of the state finance law for peri-
ods prior to March thirty-first, two thousand eleven, from  the  tobacco
control  and  insurance  initiatives  pool established for the following
periods in the following amounts:
  S 5. This act shall take effect immediately.

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