S T A T E O F N E W Y O R K
________________________________________________________________________
3174
2009-2010 Regular Sessions
I N A S S E M B L Y
January 23, 2009
___________
Introduced by M. of A. BRADLEY, ALFANO -- Multi-Sponsored by -- M. of A.
BARRA, PHEFFER -- read once and referred to the Committee on Ways and
Means
AN ACT to amend the tax law, the state finance law, the public health
law, the public officers law and chapter 338 of the laws of 1998
amending the public health law and other laws relating to establishing
a spinal cord injury research board, in relation to the renaming of
the spinal cord injury research trust fund as the Christopher Reeve
spinal cord injury research trust fund and providing an income tax
check off box therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The tax law is amended by adding a new section 629-a to
read as follows:
S 629-A. GIFT FOR CHRISTOPHER REEVE SPINAL CORD INJURY RESEARCH TRUST
FUND. AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
CHRISTOPHER REEVE SPINAL CORD INJURY RESEARCH TRUST FUND. SUCH CONTRIB-
UTION 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 FORM TO ENABLE A TAXPAY-
ER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID TO
THE CHRISTOPHER REEVE SPINAL CORD INJURY RESEARCH TRUST FUND ESTABLISHED
PURSUANT TO AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINE-
TY-NINE-F OF THE STATE FINANCE LAW.
S 2. Section 99-f of the state finance law, as added by chapter 338 of
the laws of 1998, subdivision 1 as amended by chapter 524 of the laws of
2008 and subdivision 2 as amended by chapter 612 of the laws of 1999, is
amended to read as follows:
S 99-f. [Spinal] CHRISTOPHER REEVE SPINAL cord injury research trust
fund. 1. There is hereby established in the joint custody of the state
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03344-01-9
A. 3174 2
comptroller and the commissioner of taxation and finance a fund to be
known as the "CHRISTOPHER REEVE spinal cord injury research trust fund".
2. The fund shall consist of all monies appropriated for its purpose,
all monies required by this section or any other provision of law to be
paid into or credited to such fund, ALL MONIES FROM GIFTS PURSUANT TO
SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX LAW, and monies in an
amount not to exceed eight million five hundred thousand dollars
collected by the mandatory surcharges imposed pursuant to subdivision
one of section eighteen hundred nine of the vehicle and traffic law.
Nothing contained herein shall prevent the department of health 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, when allocated, shall be available for adminis-
trative costs of the CHRISTOPHER REEVE spinal cord injury research board
established pursuant to title four of article two of the public health
law and for funding spinal cord injury research projects administered by
such board.
4. Monies shall be payable from the CHRISTOPHER REEVE SPINAL CORD
INJURY RESEARCH TRUST fund on the audit and warrant of the state comp-
troller on vouchers approved and certified by the commissioner of
health.
S 3. The title heading of title IV of article 2 of the public health
law, as added by chapter 338 of the laws of 1998, is amended to read as
follows:
CHRISTOPHER REEVE SPINAL CORD INJURY RESEARCH BOARD
S 4. Sections 250 and 251 of the public health law, as added by chap-
ter 338 of the laws of 1998, are amended to read as follows:
S 250. [Spinal] CHRISTOPHER REEVE SPINAL cord injury research board.
1. A spinal cord injury research board, NAMED FOR CHRISTOPHER REEVE, THE
NEW YORK ACTOR WHO HEROICALLY DEDICATED THE LAST YEARS OF HIS LIFE TO
THE ADVANCEMENT OF CURE AND TREATMENT OF SPINAL CORD INJURIES, is hereby
created within the department for the purpose of administering spinal
cord injury research projects and administering the CHRISTOPHER REEVE
spinal cord injury research trust fund created pursuant to section nine-
ty-nine-f of the state finance law. The purpose of research projects
administered by the board shall be neurological research towards a cure
for such injuries and their effects. The members of the CHRISTOPHER
REEVE spinal cord injury research board shall include but not be limited
to representatives of the following fields: neuroscience, neurology,
neuro-surgery, neuro-pharmacology, and spinal cord rehabilitative medi-
cine. The board shall be composed of thirteen members, seven of whom
shall be appointed by the governor, two of whom shall be appointed by
the temporary president of the senate, two of whom shall be appointed by
the speaker of the assembly, one of whom shall be appointed by the
minority leader of the senate, and one of whom shall be appointed by the
minority leader of the assembly.
2. Board members shall be reimbursed for ordinary travel expenses,
including meals and lodging, incurred in the performance of duties
pursuant to section two hundred fifty-one of this title.
3. The terms of board members shall be four years commencing January
first, nineteen hundred ninety-nine.
4. At the end of a term, a member shall continue to serve until a
successor is appointed. A member who is appointed after a term has begun
shall serve the rest of the term and until a successor is appointed. A
member who serves two consecutive full four year terms shall not be
A. 3174 3
eligible for reappointment for four years after completion of those
terms.
5. A majority of the full authorized membership of the board shall
constitute a quorum.
6. One member of the board shall be chosen by the governor to serve as
chairperson.
7. Meetings of the board shall be held at least twice a year but may
be held more frequently as deemed necessary, subject to call by the
chairman or by request of a majority of the board members. Board meet-
ings shall concern, among other things, policy matters relating to
spinal cord injury research projects and programs, research progress
reports, and other matters necessary to carry out the intent of this
title.
8. Members of the board shall be indemnified pursuant to section
seventeen of the public officers law.
S 251. Powers and duties. The CHRISTOPHER REEVE spinal cord injury
research board created pursuant to section two hundred fifty of this
title shall:
1. Formulate policies and procedures necessary to carry out the
provisions of this title;
2. Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the CHRISTOPHER REEVE spinal cord injury research trust
fund, created pursuant to section ninety-nine-f of the state finance
law, to conduct research programs which focus on the treatment and cure
of spinal cord injury. The board shall make recommendations to the
commissioner, and the commissioner shall, in his or her discretion,
grant approval of applications for grants from those applications recom-
mended by the board.
3. Ensure that state funds, appropriated for spinal cord injury
research are not diverted to any other use; and
4. Provide the governor and the legislature an annual report by Janu-
ary thirty-first of each year succeeding the year in which this title
shall take effect setting forth the status of funds appropriated for
spinal cord injury research and the progress of the board in terms of
the results of its spinal cord injury research efforts.
S 5. Paragraph (m) of subdivision 1 of section 17 of the public offi-
cers law, as added by chapter 338 of the laws of 1998, is amended to
read as follows:
(m) For the purposes of this section, the term "employee" shall
include the members of the CHRISTOPHER REEVE spinal cord injury research
board within the department of health.
S 6. Section 4 of chapter 338 of the laws of 1998 amending the public
health law and other laws relating to establishing a spinal cord injury
research board, as amended by chapter 612 of the laws of 1999, is
amended to read as follows:
S 4. Notwithstanding any inconsistent provisions of law to the contra-
ry, effective April 1, 1999, an amount not to exceed $8,500,000 shall be
annually transferred from the general fund out of the mandatory
surcharges collected pursuant to subdivision 1 of section 1809 of the
vehicle and traffic law to the CHRISTOPHER REEVE spinal cord injury
research trust fund held by the state comptroller pursuant to section
99-f of the state finance law which monies shall then be deposited to
the credit of the CHRISTOPHER REEVE spinal cord injury research trust
fund pursuant to section 99-f of the state finance law. Each such
payment shall be accompanied by a true and complete report in such form
A. 3174 4
and detail as the comptroller shall prescribe. Nothing contained in
this section shall be construed to authorize the transfer to the CHRIS-
TOPHER REEVE spinal cord injury research trust fund of any monies
collected under section 1809 of the vehicle and traffic law that are
otherwise authorized to be deposited to the credit of the criminal
justice improvement account established pursuant to section 97-bb of the
state finance law.
S 7. This act shall take effect immediately and shall apply to taxable
years beginning on or after the first of January of the year next
succeeding the year in which it shall have become a law.