Assembly Bill A4601

2009-2010 Legislative Session

Provides for corporate franchise and personal income tax check-offs for taxpayer gifts for colon cancer education; sets up colon cancer education fund

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2010	reported referred to ways and means
Jan 19, 2010	committed to health
Jan 12, 2010	amended on third reading 4601a
Jan 06, 2010	ordered to third reading cal.340 returned to assembly died in senate
May 26, 2009	referred to health delivered to senate passed assembly
May 21, 2009	advanced to third reading cal.609
May 19, 2009	reported
Feb 24, 2009	reported referred to ways and means
Feb 05, 2009	referred to health

Bill Amendments

Original

A (Active)

2009-A4601 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Health Law
Laws Affected:: Add Art 27-CCC §2746, Pub Health L; add §§209-H & 630-c, Tax L; add §97-jjjj, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4403
2013-2014: A1538
2015-2016: A1295

2009-A4601 - Summary

Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for colon cancer education; establishes the colon cancer education fund; provides for colon cancer education.

2009-A4601 - Bill Text download pdf

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

                                  4601

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. CYMBROWITZ, CANESTRARI, WEISENBERG, HOYT, MILL-
  MAN, CLARK, COLTON, SCHIMMINGER, V. LOPEZ -- Multi-Sponsored by --  M.
  of A. COOK, DelMONTE, DESTITO, DIAZ, ESPAILLAT, GLICK, GREENE, HOOPER,
  JACOBS,  KOON,  MAGEE,  MAYERSOHN,  McENENY,  ORTIZ, PHEFFER, SWEENEY,
  TOWNS -- 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
  education and establishing the colon cancer education 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 EDUCATION PROGRAM

SECTION 2746. COLON CANCER EDUCATION.

  S  2746.  COLON  CANCER  EDUCATION.   THE COMMISSIONER SHALL ESTABLISH
WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE PATIENT  EDUCATION  REGARDING
COLON CANCER. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSION-
ER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO PROMOTE PATIENT EDUCATION 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-G to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07453-01-9

A. 4601                             2

  S  209-G.  GIFT FOR COLON CANCER EDUCATION.  A TAXPAYER IN ANY TAXABLE
YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE COLON  CANCER  EDUCA-
TION  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. NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE COLON CANCER EDUCATION FUND AND SHALL  BE  USED  ONLY
FOR  THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF THE STATE
FINANCE LAW.
  S 3. The tax law is amended by adding a new section 630-b to  read  as
follows:
  S  630-B. GIFT FOR COLON CANCER EDUCATION.  AN INDIVIDUAL IN ANY TAXA-
BLE YEAR MAY ELECT TO CONTRIBUTE TO THE  COLON  CANCER  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 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  EDUCATION  FUND AND USED ONLY FOR THOSE PURPOSES
ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S 97-JJJJ. COLON CANCER EDUCATION 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 EDUCATION
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-G AND SECTION SIX HUNDRED THIRTY-B OF THE TAX LAW  AND  ALL
OTHER  MONEYS  APPROPRIATED,  CREDITED,  OR TRANSFERRED THERETO FROM ANY
OTHER FUND OR SOURCE PURSUANT TO LAW. 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 INTO
THE FUND ACCORDING TO LAW.
  3.  MONIES  OF THE FUND SHALL BE EXPENDED ONLY FOR COLON CANCER EDUCA-
TIONAL PROJECTS. AS  USED  IN  THIS  SECTION,  "COLON  CANCER  EDUCATION
PROJECTS"  MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR COLON CANCER
EDUCATION, 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 on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
taxable years beginning on and after such effective date.

2009-A4601A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Public Health Law
Laws Affected:: Add Art 27-CCC §2746, Pub Health L; add §§209-H & 630-c, Tax L; add §97-jjjj, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4403
2013-2014: A1538
2015-2016: A1295

2009-A4601A (ACTIVE) - Summary

2009-A4601A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A4601A

TITLE  OF BILL:   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 education and establishing the colon cancer education fund

PURPOSE OR GENERAL IDEA OF BILL:  This bill provides for corporate fran-
chise  and  personal  income  tax check-off for taxpayer gifts for colon
cancer education.

SUMMARY OR SPECIFIC PROVISIONS:  Section two amends the bill by adding a
new section 209-G to enable corporate taxpayers to make  a  contribution
to  the  colon cancer education fund effective in any taxable year. This
contribution can be made in any  whole  dollar  amount,  and  shall  not
reduce  the  amount  of  state  tax  owed  by the taxpayer. This section
mandates that all revenues collected be credited  to  the  colon  cancer
education  fund,  as  enumerated in section 97-ffff of the state finance
law.

Section Three amends the law by adding a new section 630-gggg to  enable
an  individual  in  any taxable year to make a contribution to the colon
cancer education fund. Such contribution shall be in  any  whole  dollar
amount  and  shall not reduce the amount of state tax owed by such indi-
vidual. The commissioner shall include spoors on the personal income tax
return to enable a taxpayer to  make  such  contribution.  All  revenues
collected shall be credited to the colon cancer education fund.

Section  Four  amends  the  state  finance  law by establishing a "colon
cancer education fund" in the joint custody of the commissioner of taxa-
tion and finance and the comptroller. Such fund, consisting of  revenues
received  by  the  department  of  taxation  and finance pursuant to the
provisions of section two hundred nine-G and section six hundred  thirty
of  the  tax  law  and all other monies appropriated, credited or trans-
ferred 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 fund according to law.

Monies of this fund shall be for colon cancer educational projects mean-
ing educational projects, including grants for  colon  cancer  education
which,  pursuant to section twenty-seven hundred forty-six of the public
health law are approved by the department of health.   Monies  shall  be
payable  from  the  fund  on the audit end warrant of the comptroller on
vouchers approved and certified  by  the  commissioner  of  health.  The
commissioner  of  health  shall ensure that all monies received during a
fiscal year are expended prior to the end of that fiscal year.

JUSTIFICATION:  Millions of New Yorkers are affected  by  colon  cancer,
and  there  is  no established cure. This bill would help increase funds
for important educational programs by simply making a donation on either
personal or corporate tax returns.

PRIOR LEGISLATIVE HISTORY:

2001-02 A.7553-b Passed Assembly
No Senate

2003-04 A.4314-a Passed Assembly
S.6390 Health

2005-06 A.131-a Ways & Means
No Senate

2007-08 A.4535 Health
No Senate

FISCAL IMPLICATIONS:  Would result in additional administrative expenses
to  Department  of  Taxation and Finance, but has the potential revenues
for the state's Colon Cancer Education Fund.

EFFECTIVE DATE:  This act shall take effect on the first of January next
succeeding the date on which it shall have become a law and shall  apply
to taxable years beginning on and after such effective date.

2009-A4601A (ACTIVE) - Bill Text download pdf

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

                                 4601--A
                                                        Cal. No. 340

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. CYMBROWITZ, CANESTRARI, WEISENBERG, HOYT, MILL-
  MAN, CLARK, COLTON, SCHIMMINGER, V. LOPEZ, CAHILL  --  Multi-Sponsored
  by  --  M.  of A.   COOK, DelMONTE, DESTITO, ESPAILLAT, GLICK, HOOPER,
  JACOBS, KOON, MAGEE,  MAYERSOHN,  McENENY,  ORTIZ,  PHEFFER,  SWEENEY,
  TOWNS -- read once and referred to the Committee on Health -- reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading

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
  education and establishing the colon cancer education 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 EDUCATION PROGRAM

SECTION 2746. COLON CANCER EDUCATION.

  S  2746.  COLON  CANCER  EDUCATION.   THE COMMISSIONER SHALL ESTABLISH
WITHIN THE DEPARTMENT A PROGRAM TO PROMOTE PATIENT  EDUCATION  REGARDING
COLON CANCER. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSION-
ER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO PROMOTE PATIENT EDUCATION 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.

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

                                                           LBD07453-03-0

A. 4601--A                          2

  S 2. The tax law is amended by adding a new section 209-H to  read  as
follows:
  S  209-H.  GIFT FOR COLON CANCER EDUCATION.  A TAXPAYER IN ANY TAXABLE
YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE COLON  CANCER  EDUCA-
TION  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. NOTWITHSTANDING  ANY  OTHER
PROVISION  OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE COLON CANCER EDUCATION FUND AND SHALL  BE  USED  ONLY
FOR  THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF THE STATE
FINANCE LAW.
  S 3. The tax law is amended by adding a new section 630-c to  read  as
follows:
  S  630-C. GIFT FOR COLON CANCER EDUCATION.  AN INDIVIDUAL IN ANY TAXA-
BLE YEAR MAY ELECT TO CONTRIBUTE TO THE  COLON  CANCER  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 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  EDUCATION  FUND AND USED ONLY FOR THOSE PURPOSES
ENUMERATED IN SECTION NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S 97-JJJJ. COLON CANCER EDUCATION 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 EDUCATION
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
HUNDRED NINE-H AND SIX HUNDRED THIRTY-C OF THE TAX  LAW  AND  ALL  OTHER
MONEYS  APPROPRIATED,  CREDITED,  OR  TRANSFERRED THERETO FROM ANY OTHER
FUND OR SOURCE PURSUANT TO LAW. 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 INTO
THE FUND ACCORDING TO LAW.
  3. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR COLON  CANCER  EDUCA-
TIONAL  PROJECTS.  AS  USED  IN  THIS  SECTION,  "COLON CANCER EDUCATION
PROJECTS" MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR COLON  CANCER
EDUCATION,  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 on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
taxable years beginning on and after such effective date.

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Assembly Bill A4601

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A4601 - Details

2009-A4601 - Summary

2009-A4601 - Bill Text download pdf

2009-A4601A (ACTIVE) - Details

2009-A4601A (ACTIVE) - Summary

2009-A4601A (ACTIVE) - Sponsor Memo

2009-A4601A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

CYMBROWITZ

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A4601 - Details

2009-A4601 - Summary

2009-A4601 - Bill Text download pdf

2009-A4601A (ACTIVE) - Details

2009-A4601A (ACTIVE) - Summary

2009-A4601A (ACTIVE) - Sponsor Memo

2009-A4601A (ACTIVE) - Bill Text download pdf

Comments