S T A T E O F N E W Y O R K
________________________________________________________________________
5101
2009-2010 Regular Sessions
I N A S S E M B L Y
February 10, 2009
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Introduced by M. of A. BRODSKY, JOHN -- Multi-Sponsored by -- M. of A.
BRENNAN, DINOWITZ -- read once and referred to the Committee on Ways
and Means
AN ACT to amend the tax law, the state finance law, and the executive
law, in relation to the creation of the gift for the hungry fund and
an advisory board to administer such fund
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 630-b to
read as follows:
S 630-B. GIFTS TO THE GIFT FOR THE HUNGRY FUND. EFFECTIVE FOR ANY
TAXABLE YEAR COMMENCING ON OR AFTER THE FIRST OF JANUARY NEXT SUCCEEDING
THE EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL IN ANY TAXABLE YEAR
MAY ELECT TO CONTRIBUTE FIVE DOLLARS TO THE GIFT FOR THE HUNGRY FUND.
SUCH CONTRIBUTION SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH
INDIVIDUAL. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME
TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL REVENUES
COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE GIFT FOR THE
HUNGRY FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION
EIGHTY-SIX OF THE STATE FINANCE LAW.
S 2. The state finance law is amended by adding a new section 86 to
read as follows:
S 86. GIFT FOR THE HUNGRY 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 "GIFT FOR THE HUNGRY
FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE IMPLEMEN-
TATION OF SECTION SIX HUNDRED THIRTY-B OF THE TAX LAW AND ALL OTHER
MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08589-01-9
A. 5101 2
3. MONEYS OF THE FUND, LESS ANY ADMINISTRATIVE EXPENSES PAID PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION AND FOLLOWING APPROPRIATION BY THE
LEGISLATURE, MAY BE EXPENDED FOR GRANTS FOR DIRECTLY PROVIDING FOOD FOR
THE HUNGRY, FOR OTHER PROJECTS TO ALLEVIATE HUNGER IN THE STATE, AND FOR
ADMINISTRATIVE EXPENSES OF THE GIFT FOR THE HUNGRY FUND ADVISORY BOARD;
PROVIDED, HOWEVER, THAT AT LEAST NINETY PERCENT OF SUCH EXPENDITURES
SHALL BE FOR SUCH GRANTS. MONEYS SHALL BE PAID OUT OF THE FUND ON THE
AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR
APPROVED BY THE CHAIRPERSON OF THE GIFT FOR THE HUNGRY FUND ADVISORY
BOARD.
4. AMOUNTS IN THE GIFT FOR THE HUNGRY FUND SHALL BE AVAILABLE TO PAY
THE ADMINISTRATIVE EXPENSES OF THE DEPARTMENT OF TAXATION AND FINANCE
AND THE DEPARTMENT OF AUDIT AND CONTROL DIRECTLY ALLOCABLE TO MODIFYING
THE PERSONAL INCOME TAX RETURN FORMS NECESSARY TO IMPLEMENT SECTION SIX
HUNDRED THIRTY-B OF THE TAX LAW, IMPLEMENTING THIS SECTION WITH RESPECT
TO SUCH FUND, AND PROCESSING AMOUNTS RECEIVED UNDER SECTION SIX HUNDRED
THIRTY-B OF THE TAX LAW AND TRANSFERRING SUCH AMOUNTS TO SUCH FUND.
S 3. The executive law is amended by adding a new article 26-A to read
as follows:
ARTICLE 26-A
GIFT FOR THE HUNGRY FUND ADVISORY BOARD
SECTION 730. GIFT FOR THE HUNGRY FUND ADVISORY BOARD.
S 730. GIFT FOR THE HUNGRY FUND ADVISORY BOARD. 1. CREATION OF THE
GIFT FOR THE HUNGRY FUND ADVISORY BOARD. THERE IS HEREBY CREATED WITHIN
THE EXECUTIVE DEPARTMENT A SIX-MEMBER GIFT FOR THE HUNGRY FUND ADVISORY
BOARD. SUCH BOARD SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS: TWO
MEMBERS UPON THE RECOMMENDATION OF THE GOVERNOR, TWO MEMBERS UPON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, AND TWO MEMBERS
UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY. FOUR MEMBERS OF
THE BOARD SHALL CONSTITUTE A QUORUM, AND THE AFFIRMATIVE VOTE OF FOUR
MEMBERS SHALL BE REQUIRED FOR THE ISSUANCE OF ANY FORMAL DECISION. THE
MEMBERS OF THE BOARD SHALL ELECT A CHAIRPERSON FROM AMONG THEIR NUMBER.
2. MEETINGS OF THE BOARD. THE BOARD SHALL MEET AT LEAST QUARTERLY, AT
THE CALL OF THE CHAIRPERSON.
3. DUTIES OF THE BOARD. THE BOARD SHALL HAVE THE FOLLOWING POWERS AND
DUTIES:
(A) TO CREATE CRITERIA FOR THE AWARDING OF NOT LESS THAN NINETY
PERCENT OF THE MONEYS OF THE FUND AS GRANTS DIRECTLY TO PROVIDE FOOD TO
THOSE IN NEED;
(B) TO PROVIDE A PROCESS FOR SOLICITING GRANT APPLICATIONS, PROCESSING
SUCH APPLICATIONS, AND AWARDING SUCH GRANTS;
(C) TO ALLOCATE UP TO TEN PERCENT OF THE REMAINING MONEYS IN THE FUND
IN ANY MANNER THE BOARD SEES FIT FOR THE PURPOSE OF ALLEVIATING HUNGER
IN THE STATE;
(D) TO HIRE SUCH STAFF AS ARE NECESSARY TO THE FUNCTIONING OF THE
BOARD;
(E) TO REPORT BY JANUARY FIRST OF EACH YEAR TO THE GOVERNOR AND THE
LEGISLATURE REGARDING THE EXPENDITURES AND APPROPRIATIONS MADE PURSUANT
TO SECTION EIGHTY-SIX OF THE STATE FINANCE LAW; AND
(F) TO ADOPT, PROMULGATE, AMEND, OR RESCIND SUITABLE PROCEDURAL RULES
WITH RESPECT TO THE COMPOSITION, INTERNAL ORGANIZATION, AND FUNCTIONING
OF THE BOARD; AND OTHER SUCH RULES, REGULATIONS, AND PROCEDURES AS MAY
BE NECESSARY OR DESIRABLE TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
4. BOARD MEMBERS; STATUS. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS
OF LAW, NO OFFICER OR EMPLOYEE OF THE STATE, OF ANY POLITICAL SUBDIVI-
SION OF THE STATE, OF ANY GOVERNMENTAL ENTITY OPERATING ANY PUBLIC
A. 5101 3
SCHOOL OR COLLEGE, OR OF ANY OTHER PUBLIC AGENCY OR INSTRUMENTALITY OR
UNIT OF GOVERNMENT WHICH EXERCISES GOVERNMENTAL POWERS UNDER THE LAWS OF
THE STATE SHALL FORFEIT SUCH OFFICE OR EMPLOYMENT BY REASON OF ACCEPT-
ANCE OF APPOINTMENT AS A MEMBER OF THE BOARD, NOR SHALL SERVICE AS SUCH
MEMBER OF THE BOARD BE DEEMED INCOMPATIBLE OR IN CONFLICT WITH SUCH
OFFICE OR EMPLOYMENT. THE MEMBERS OF THE BOARD SHALL BE DEEMED EMPLOYEES
WITHIN THE MEANING OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
5. BOARD MEMBERS; EXPENSES. THE MEMBERS OF THE BOARD SHALL SERVE WITH-
OUT SALARY OR PER DIEM ALLOWANCE, BUT SHALL BE ENTITLED TO REIMBURSEMENT
FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFI-
CIAL DUTIES PURSUANT TO THIS SECTION OR OTHER PROVISION OF LAW;
PROVIDED, HOWEVER, THAT SUCH MEMBERS ARE NOT, AT THE TIME SUCH EXPENSES
ARE INCURRED, PUBLIC EMPLOYEES OTHERWISE ENTITLED TO SUCH REIMBURSEMENT.
6. TERM OF OFFICE. ALL MEMBERS OF THE BOARD SHALL SERVE TERMS OF SIX
YEARS; PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST APPOINTED, THE TWO
MEMBERS APPOINTED UPON THE RECOMMENDATION OF THE GOVERNOR SHALL SERVE
TWO AND SIX YEARS, RESPECTIVELY; THE TWO MEMBERS APPOINTED UPON THE
RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE SHALL SERVE FOUR
AND SEVEN YEARS, RESPECTIVELY; AND THE TWO MEMBERS APPOINTED UPON THE
RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY SHALL SERVE THREE AND SIX
YEARS, RESPECTIVELY. VACANCIES IN THE MEMBERSHIP OF THE BOARD SHALL BE
FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. SUCH APPOINT-
MENT SHALL BE MADE WITHIN SIXTY DAYS OF THE DATE ON WHICH THE POSITION
BECOMES VACANT.
S 4. This act shall take effect immediately.