S T A T E   O F   N E W   Y O R K
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                                 543--A
                                                        Cal. No. 479

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A. GIBSON, P. RIVERA, N. RIVERA, TITONE, JAFFEE,
  STEVENSON, CRESPO, AUBRY, SCHIMEL, SCARBOROUGH --  Multi-Sponsored  by
  -- M. of A.  ARROYO, BOYLAND, CLARK, HEASTIE, MARKEY, MILLMAN, SWEENEY
  --  read once and referred to the Committee on Health -- advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the order of third reading

AN ACT to amend the public health law, the tax law and the state finance
  law,  in  relation  to  providing for taxpayer gifts for   lung cancer
  education and prevention and establishing the  lung  cancer  education
  and prevention fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 207 of the public  health  law  is
amended by adding a new paragraph (i) to read as follows:
  (I)  THE  DANGERS  OF LUNG CANCER, INCLUDING WAYS TO PREVENT THE INCI-
DENCE AND SEVERITY OF THE DISEASE.
  S 2. The tax law is amended by adding a new section 209-H to  read  as
follows:
  S 209-H. GIFT FOR LUNG CANCER EDUCATION AND PREVENTION.  A TAXPAYER IN
ANY  TAXABLE  YEAR  MAY  ELECT  TO CONTRIBUTE TO THE SUPPORT OF THE LUNG
CANCER EDUCATION AND PREVENTION FUND. SUCH CONTRIBUTION SHALL BE IN  ANY
WHOLE  DOLLAR  AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX
OWED BY SUCH TAXPAYER. THE  COMMISSIONER  SHALL  INCLUDE  SPACE  ON  THE
CORPORATE  INCOME  TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
UTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL   REVENUES
COLLECTED  PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE LUNG CANCER
EDUCATION AND PREVENTION FUND AND SHALL BE USED ONLY FOR THOSE  PURPOSES
ENUMERATED IN SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  S  3.  Part  2 of article 22 of the tax law is amended by adding a new
section 630-c to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00218-02-2

A. 543--A                           2

  S 630-C. GIFT FOR LUNG CANCER EDUCATION AND PREVENTION.  AN INDIVIDUAL
IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE LUNG CANCER EDUCATION
AND PREVENTION FUND. SUCH CONTRIBUTION SHALL  BE  IN  ANY  WHOLE  DOLLAR
AMOUNT  AND  SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDI-
VIDUAL.  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  REVENUES COLLECTED PURSUANT TO THIS
SECTION SHALL BE CREDITED TO THE LUNG CANCER  EDUCATION  AND  PREVENTION
FUND  AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEV-
EN-LLLL OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S  97-LLLL.  LUNG  CANCER  EDUCATION  AND PREVENTION FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF  TAXATION
AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "LUNG
CANCER EDUCATION AND PREVENTION FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  TWO
HUNDRED  NINE-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW, AND ALL
OTHER MONEYS APPROPRIATED, CREDITED  OR  TRANSFERRED  THERETO  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. MONIES OF THE FUND SHALL BE EXPENDED ONLY FOR LUNG CANCER EDUCATION
AND PREVENTION PROJECTS. AS USED IN THIS SECTION, "LUNG CANCER EDUCATION
AND PREVENTION PROJECTS" MEANS EDUCATIONAL  PROJECTS,  INCLUDING  GRANTS
FOR LUNG CANCER EDUCATION AND PREVENTION PROGRAMS, WHICH ARE APPROVED BY
THE DEPARTMENT OF HEALTH.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
OF HEALTH.
  5.  TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL ENSURE
THAT ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO  THE
END OF THAT FISCAL YEAR.
  S 5. This act shall take effect immediately.