Senate Bill S1820

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

                                  1820

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sens.  MORAHAN,  DeFRANCISCO, DIAZ, FUSCHILLO, SEWARD --
  read twice and ordered printed, and when printed to  be  committed  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-G to  read  as
follows:
  S  209-G.  GIFT FOR COLON CANCER RESEARCH.  EFFECTIVE FOR ANY TAX YEAR
COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02154-01-9
              

S. 1820                             2

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. 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-FF 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 TEN, AN INDIVIDUAL 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 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 COLON CANCER RESEARCH FUND  AND  USED  ONLY  FOR  THOSE  PURPOSES
ENUMERATED IN SECTION NINETY-TWO-FF OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section 92-ff to
read as follows:
  S 92-FF. 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-G 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.