S T A T E O F N E W Y O R K
________________________________________________________________________
3119
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. THIELE -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law and the state finance law, in relation to
the creation of the Fallen Soldiers Fund
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Part 2 of article 22 of the tax law is amended by adding a
new section 630-b to read as follows:
S 630-B. THE FALLEN SOLDIERS FUND. EFFECTIVE FOR ANY TAXABLE YEAR
COMMENCING ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING THE EFFEC-
TIVE DATE OF THIS SECTION, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT
TO CONTRIBUTE A WHOLE DOLLAR AMOUNT TO THE FALLEN SOLDIERS FUND. SUCH
CONTRIBUTION SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL. THE COMMISSIONER SHALL INCLUDE A SPACE ON THE PERSONAL INCOME
TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTAND-
ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL REVENUES COLLECTED
PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE FALLEN SOLDIERS FUND
AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION EIGHTY-FOUR-B OF
THE STATE FINANCE LAW.
S 2. The state finance law is amended by adding a new section 84-b to
read as follows:
S 84-B. THE FALLEN SOLDIERS FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION
AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE FALLEN SOLDIERS FUND.
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE IMPLEMEN-
TATION OF SECTION SIX HUNDRED THIRTY-B OF THE TAX LAW, ACCOUNTED FOR
SEPARATELY AND FROM ALL OF THE MONEYS CREDITED OR TRANSFERRED THERETO
FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. MONEYS DEPOSITED IN THE
FUND SHALL BE HELD IN INTEREST BEARING ACCOUNTS IN PUBLIC DEPOSITORIES
AS PRESCRIBED BY STATE STATUTES, AND MAY BE INVESTED OR REINVESTED IN
SUCH SECURITIES AS ARE APPROVED BY THE STATE TREASURER. INTEREST OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03894-01-9
A. 3119 2
OTHER INCOME EARNED ON MONEYS DEPOSITED INTO THE FUND, AND ANY MONEYS
WHICH MAY BE DEPOSITED INTO THE FUND AND ANY MONEYS WHICH MAY BE APPRO-
PRIATED OR OTHERWISE BECOME AVAILABLE FOR THE PURPOSES OF THE FUND,
SHALL BE CREDITED TO AND DEPOSITED IN THE FUND FOR USE AS SET FORTH IN
THIS SECTION.
3. THE MONEYS RECEIVED BY SUCH FUND SHALL BE MADE AVAILABLE PURSUANT
TO APPROPRIATION FOR USE IN PROVIDING ASSISTANCE TO FAMILIES OF SOLDIERS
WHO HAVE DIED.
4. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE UPON THE AUDIT AND
WARRANT OF THE STATE COMPTROLLER.
S 3. This act shall take effect immediately.