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

                                  10070

                          I N  A S S E M B L Y

                              March 3, 2010
                               ___________

Introduced  by M. of A. HEASTIE -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law and the state finance law,  in  relation  to
  allowing  taxpayers to contribute to the tuition assistance program on
  personal income tax returns

  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-c to read as follows:
  S 630-C. GIFTS TO THE TUITION ASSISTANCE PROGRAM.  EFFECTIVE  FOR  ANY
TAXABLE  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN,
AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE  GIFTS
TO THE TUITION ASSISTANCE PROGRAM FUND ESTABLISHED IN SECTION EIGHTY-ONE
OF THE STATE FINANCE LAW. 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 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 GIFTS TO THE TUITION ASSISTANCE PROGRAM
FUND;  USED  IN ADDITION TO, NOT TO SUPPLANT, EXISTING FUNDING UNDER THE
TUITION ASSISTANCE PROGRAM; AND USED FOR ONLY THOSE PURPOSES  ENUMERATED
IN SECTION SIX HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
  S  2.  The  state finance law is amended by adding a new section 81 to
read as follows:
  S 81. GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF
TAXATION AND FINANCE FROM GIFTS TO THE TUITION ASSISTANCE PROGRAM PURSU-
ANT TO SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW.
  3. MONEYS IN SUCH FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT  BE
COMMINGLED  WITH  ANY  OTHER  MONEYS  IN  THE CUSTODY OF THE STATE COMP-
TROLLER.

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

                                                           LBD02415-02-0

A. 10070                            2

  4. SUCH MONEYS, AFTER  APPROPRIATION  BY  THE  LEGISLATURE,  SHALL  BE
AVAILABLE  TO  THE  PRESIDENT  OF  THE  NEW  YORK STATE HIGHER EDUCATION
SERVICES CORPORATION FOR THE DISTRIBUTION OF TUITION ASSISTANCE  PROGRAM
AWARDS.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, ALL REVENUES
COLLECTED  PURSUANT TO SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW SHALL
BE CREDITED TO THE GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND, USED IN
ADDITION TO, NOT TO SUPPLANT, EXISTING FUNDING UNDER THE TUITION ASSIST-
ANCE PROGRAM AND USED FOR ONLY THOSE PURPOSES ENUMERATED IN SECTION  SIX
HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
  5. THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED AND PAID OUT ON AUDIT
AND  WARRANT OF THE COMPTROLLER ON THE CERTIFICATION OF THE COMMISSIONER
OF EDUCATION OR SUCH OTHER OFFICER OR EMPLOYEE OR OFFICERS OR  EMPLOYEES
AS  SUCH  COMPTROLLER AND SUCH COMMISSIONER SHALL AUTHORIZE TO MAKE SUCH
REQUISITIONS.
  S 3. 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 occurring on or after such date.