Assembly Bill A954

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

                                 954--A
                                                         Cal. No. 88

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by M. of A. BING, HOYT, MORELLE, DINOWITZ, ORTIZ, ESPAILLAT,
  BENEDETTO, JAFFEE,  SCHIMEL,  FIELDS,  ROSENTHAL,  GABRYSZAK,  TITONE,
  DenDEKKER  --  Multi-Sponsored by -- M. of A. ABBATE, AUBRY, BENJAMIN,
  BOYLAND,  BROOK-KRASNY,  CLARK,  COLTON,  COOK,  CUSICK,   CYMBROWITZ,
  DelMONTE,  GALEF, GLICK, GUNTHER, HIKIND, HOOPER, JOHN, KOON, LATIMER,
  LAVINE, V. LOPEZ, MAYERSOHN, McENENY, MILLMAN,  PEOPLES-STOKES,  PHEF-
  FER,  J. RIVERA,  ROBINSON,  SCARBOROUGH,  SWEENEY,  TOWNS, WEINSTEIN,
  WEISENBERG, WRIGHT -- read once and referred to the Committee on  Ways
  and  Means  --  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 tax law and the state finance law, in relation to
  gifts for the support of the New York state council on the arts

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

  Section  1.  The  legislature hereby finds and determines that, due to
severe budgetary constraints, the amount of state  funds  available  for
the  support  of the New York state council on the arts has been sharply
diminished over the past few years.  This decrease in support has had  a
devastating  effect  upon  many  of New York's cultural institutions, as
well as many related or dependent businesses and employees. Accordingly,
the legislature hereby finds and determines that taxpayers of the  state
of  New  York  should  have  the  opportunity  to use the New York state
personal income tax form as a mechanism for  making  voluntary  contrib-
utions  for the support of the New York state council on the arts. It is
the intent of the  legislature  that  any  funds  so  contributed  shall
supplement  and  not  offset  or diminish in any way the amount of funds
made available to the New York state council on  the  arts  pursuant  to
annual budget appropriations.

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

                                                           LBD02933-02-0

A. 954--A                           2

  S  2.  The tax law is amended by adding a new section 630-c to read as
follows:
  S  630-C. GIFT TO THE ARTS FUND. EFFECTIVE FOR ANY TAX YEAR COMMENCING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, AN INDIVIDUAL MAY ELECT  TO
CONTRIBUTE    TO   THE   ARTS   FUND   CREATED   PURSUANT   TO   SECTION
NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW FOR THE SUPPORT  OF  THE  NEW
YORK  STATE COUNCIL ON THE ARTS. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF TAX OWED BY SUCH  INDI-
VIDUAL.  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  REVENUE COLLECTED PURSUANT TO THIS
SECTION SHALL BE CREDITED TO  THE  ARTS  FUND  AND  USED  ONLY  FOR  THE
PURPOSES OF THE NEW YORK STATE COUNCIL ON THE ARTS.
  S  3. The state finance law is amended by adding a new section 97-jjjj
to read as follows:
  S 97-JJJJ. ARTS FUND. 1. THERE IS HEREBY CREATED IN THE JOINT  CUSTODY
OF  THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A
FUND TO BE KNOWN AS THE "ARTS FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION SIX
HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED, CRED-
ITED, 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 DEPOS-
ITED INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS OF MONIES  COLLECTED
AND  DEPOSITED INTO THE FUND PURSUANT TO SECTION SIX HUNDRED THIRTY-C OF
THE TAX LAW DURING THE PRECEDING CALENDAR  YEAR,  AS  CERTIFIED  BY  THE
COMPTROLLER.  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. MONEYS OF THE FUND MAY BE INVESTED BY THE  STATE  COMPTROLLER,  AND
INCOME FROM THE INVESTMENTS OF MONEYS DEPOSITED TO THIS FUND PURSUANT TO
SECTION  SIX HUNDRED THIRTY-C OF THE TAX LAW SHALL BE CREDITED SOLELY TO
THIS FUND.
  S 4. This act shall take effect immediately.