S T A T E   O F   N E W   Y O R K
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                                  3119

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

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.