NY State Senate Bill 2009-S287

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to investigations and government operations
Jan 07, 2009	referred to investigations and government operations

2009-S287 (ACTIVE) - Details

See Assembly Version of this Bill:: A6942
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Add §627-a, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S136, A226
2013-2014: A1774

2009-S287 (ACTIVE) - Summary

Establishes the New York state veterans' cemetery operation and maintenance fund to provide moneys for the operation and maintenance of state veterans' cemeteries; establishes the gift for veterans' cemetery operation and maintenance to provide revenue to such fund; such a gift may be made on a taxpayer's personal income tax return in whole dollar amounts.

2009-S287 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S287

 TITLE OF BILL :
An act to amend the tax law, in relation to establishing a gift for
veterans' cemetery operation and maintenance which may be made on
personal income tax return; and to amend the state finance law, in
relation to establishing the New York state veterans' cemetery
operation and maintenance fund


 PURPOSE :
This bill would create a New York State Veterans' Cemetery operation
and maintenance fund supported by a state income tax "check-off" which
would permit taxpayers to provide a gift to operate and maintain state
veterans' cemeteries.

 SUMMARY OF PROVISIONS :
Section 1-adds a new section 627-a to the tax law providing for a gift
for veterans' cemetery operation and maintenance through a
contribution on the personal income tax return.

Section 2-adds a new section 89-h to the state finance law
establishing the "New York state veterans' cemetery operation and
maintenance fund." Moneys in this fund shall be expended for the
purposes of the operation and maintenance of state veterans'
cemeteries.

 JUSTIFICATION :
Congress established the State Cemetery Grants Program in 1976 to
assist States and US territories in the establishment, expansion and
improvement of veterans cemeteries. These state cemeteries provide a
complement to the federal designated sites and in no way are intended
to replace them. Presently, there are no state cemeteries in New York
State.

The Veterans Administration provides funding for up to 100 percent of
the cost of establishing state cemeteries, but does not provide
assistance for operation and maintenance. To date, the Veterans
Administration had awarded 135 grants, totaling more than $189
million, to 29 states and Guam for the establishment, expansion or
improvement of 55 veterans cemeteries. In 2001 alone, state cemeteries
accommodated over 15,000 burials. In 2006, the number of deaths of
veterans is expected to peak at 687,000. There will be a savings in
burial costs to New York veterans as the VA provides a plot or
interment allowance to the state for burial at a state veterans'
cemetery.

With the increasing age of our veterans, it is imperative that we
provide the option of burial at a state veterans' cemetery. This bill
would provide a mechanism by which to fund the operation and
maintenance of these cemeteries.

 LEGISLATIVE HISTORY :
2008: S.1110-A 3rd Reading/A.7204-A Passed Assembly
2007: S.1110 3rd Reading/A.7204 Ways & Means
2006: S.737-A Finance
2005: S.737 3rd Reading
2004: S.7489 Rules

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S287 (ACTIVE) - Bill Text download pdf

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

                                   287

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation  to  establishing  a  gift  for
  veterans'  cemetery  operation  and  maintenance  which may be made on
  personal income tax return; and to amend the  state  finance  law,  in
  relation  to establishing the New York state veterans' cemetery opera-
  tion and maintenance 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 627-a to
read as follows:
  S 627-A.   GIFT FOR  VETERANS'  CEMETERY  OPERATION  AND  MAINTENANCE.
EFFECTIVE  FOR  ANY  TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND TEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO  CONTRIBUTE
TO THE NEW YORK STATE VETERANS' CEMETERY OPERATION AND MAINTENANCE FUND.
THE  CONTRIBUTIONS  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  TO  ENABLE  A
TAXPAYER  TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ALL REVENUE COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
TO THE NEW YORK STATE VETERANS' CEMETERY OPERATION AND MAINTENANCE FUND,
ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S 2. The state finance law is amended by adding a new section 89-h  to
read as follows:
  S  89-H.  NEW  YORK STATE VETERANS' CEMETERY OPERATION AND MAINTENANCE
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
SIONER OF TAXATION AND FINANCE AND THE STATE COMPTROLLER, A SPECIAL FUND
TO BE KNOWN AS THE "NEW YORK  STATE  VETERANS'  CEMETERY  OPERATION  AND
MAINTENANCE FUND".

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

                                                           LBD00201-01-9

S. 287                              2

  2.  SUCH  FUND SHALL CONSIST OF ALL REVENUE RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  SIX
HUNDRED TWENTY-SEVEN-A OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED,
CREDITED  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW.
  3. MONEYS IN THE NEW YORK STATE VETERANS' CEMETERY OPERATION AND MAIN-
TENANCE 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 STATE COMPTROLLER.
  4. THE MONEYS IN SUCH FUND SHALL BE  EXPENDED  PURSUANT  TO  APPROPRI-
ATIONS FOR THE PURPOSES OF THE OPERATION AND MAINTENANCE OF STATE VETER-
ANS' CEMETERIES.
  S 3. This act shall take effect immediately.

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Senate Bill S287

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2009-S287 (ACTIVE) - Details

2009-S287 (ACTIVE) - Summary

2009-S287 (ACTIVE) - Sponsor Memo

2009-S287 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S287

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Sponsored By

Betty Little

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2009-S287 (ACTIVE) - Details

2009-S287 (ACTIVE) - Summary

2009-S287 (ACTIVE) - Sponsor Memo

2009-S287 (ACTIVE) - Bill Text download pdf

Comments