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