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

                                  4007

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M. of A. HAWLEY, KOLB, ERRIGO, WALKER, TOBACCO, McKEVITT
  -- Multi-Sponsored by -- M. of A. CONTE, MOLINARO,  TOWNSEND,  WEISEN-
  BERG -- read once and referred to the Committee on Ways and Means

AN  ACT  to  amend the state finance law and the tax law, in relation to
  establishing the patriot family support  fund  and  providing  for  an
  income tax return 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 state finance law is amended by adding a new section 81
to read as follows:
  S 81. THE PATRIOT FAMILY SUPPORT FUND. 1. THERE IS HEREBY  ESTABLISHED
IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE
COMPTROLLER,  A FUND TO BE KNOWN AS THE "PATRIOT FAMILY SUPPORT FUND" TO
ASSIST FAMILIES DURING THE ABSENCE OF MILITARY SERVICE PERSONNEL.    FOR
PURPOSES  OF  THIS SECTION A "MILITARY SERVICE PERSONNEL" SHALL MEAN ANY
PERSON IN THE ACTIVE SERVICE IN THE ARMED SERVICES OF THE UNITED STATES,
OR A MEMBER OF THE NEW YORK STATE MILITIA WHO IS ON ACTIVE DUTY, AND WHO
IS:  DESIGNATED AS THE HEAD OF HIS OR HER HOUSEHOLD, THE SPOUSE  OF  THE
PERSON APPLYING FOR FINANCIAL ASSISTANCE UNDER THIS SECTION, OR A PARENT
OR LEGAL GUARDIAN OF A CHILD RESIDING WITHIN THIS STATE.
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  SIX
HUNDRED THIRTY-B OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED THERE-
TO  FROM  ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN
THIS SECTION 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. ON OR BEFORE THE FIRST OF FEBRUARY OF EACH  YEAR,  THE  COMPTROLLER
SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
ER  OF  THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND CHAIR OF
THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02670-01-9
              

A. 4007                             2

THE  PATRIOT  FAMILY  SUPPORT FUND DURING THE PRECEDING CALENDAR YEAR AS
THE RESULT OF REVENUE DERIVED PURSUANT TO SECTION SIX  HUNDRED  THIRTY-B
OF THE TAX LAW.
  4.  MONEYS  IN  THE PATRIOT FAMILY SUPPORT FUND SHALL BE KEPT SEPARATE
AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN THE CUSTODY OF  THE
COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER.
  5.  THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE REASONABLE NEEDS
AND LIVING EXPENSES INCURRED BY MILITARY FAMILIES DURING THE  DEPLOYMENT
OF MILITARY SERVICE PERSONNEL PURSUANT TO THIS SECTION.  APPLICATION FOR
ASSISTANCE FROM THIS FUND MAY BE MADE ON FORMS DEVELOPED BY THE DIVISION
OF  MILITARY  AND  NAVAL  AFFAIRS.  THE  DIVISION  OF MILITARY AND NAVAL
AFFAIRS SHALL REVIEW APPLICATIONS FOR ASSISTANCE AND SHALL AWARD ASSIST-
ANCE BASED UPON CRITERIA DEVELOPED BY THE DIVISION OF MILITARY AND NAVAL
AFFAIRS AND AVAILABILITY OF FUNDS.  SUCH MONEYS MAY BE  APPLIED  TOWARDS
EXPENSES  INCLUDING, BUT NOT BE LIMITED TO, CHILD CARE, HOME REPAIRS AND
MAINTENANCE COSTS, MEDICAL EXPENSES, TRANSPORTATION EXPENSES AND  EDUCA-
TION EXPENSES.
  6.  ALL  PAYMENTS  FROM  SUCH  FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT  AND  WARRANT  OF  THE  COMPTROLLER  ON
VOUCHERS APPROVED BY THE DIVISION OF MILITARY AND NAVAL AFFAIRS.
  S  2.  The tax law is amended by adding a new section 630-b to read as
follows:
  S 630-B. GIFT FOR PATRIOT FAMILY SUPPORT FUND. AN  INDIVIDUAL  IN  ANY
TAXABLE  YEAR MAY ELECT TO CONTRIBUTE TO THE PATRIOT FAMILY SUPPORT FUND
ESTABLISHED PURSUANT TO AND USED ONLY FOR THOSE PURPOSES  ENUMERATED  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 THE  STATE
TAX OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE
PERSONAL  INCOME  TAX  RETURN  FORM  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 PATRIOT
SUPPORT FAMILY FUND.
  S 3. This act shall take effect immediately and shall apply to taxable
years beginning on and after January 1, 2011.