Senate Bill S5871A

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

                                 5871--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by Sens. HANNON, NOZZOLIO -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the  Committee on Health in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN ACT to amend the public health law, the tax law and the state finance
  law,  in  relation to providing for taxpayer gifts for women's cancers
  education and prevention and establishing the women's  cancers  educa-
  tion 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 (j) to read as follows:
  (J)  THE  DANGERS  OF  WOMEN'S  CANCERS, INCLUDING WAYS TO PREVENT AND
SEVERITY OF SUCH DISEASES.   FOR PURPOSES  OF  THIS  PARAGRAPH,  WOMEN'S
CANCERS  SHALL  MEAN  AND  INCLUDE:   CERVICAL, ENDOMETRIAL, GESTATIONAL
TROPHOBLASTIC TUMOR, OVARIAN, UTERINE SARCOMA, VAGINAL, AND VULVAR.
  S 2. The tax law is amended by adding a new section 209-I to  read  as
follows:
  S 209-I. GIFT FOR WOMEN'S CANCERS EDUCATION AND PREVENTION.  A TAXPAY-
ER  IN  ANY  TAXABLE  YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE
WOMEN'S CANCERS 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
CONTRIBUTION.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ALL REVENUES
COLLECTED PURSUANT TO THIS SECTION SHALL  BE  CREDITED  TO  THE  WOMEN'S
CANCERS  EDUCATION  AND PREVENTION FUND AND SHALL BE USED ONLY FOR THOSE
PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL OF  THE  STATE  FINANCE
LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08358-04-4

              

S. 5871--A                          2

  S  3.  Part  2 of article 22 of the tax law is amended by adding a new
section 630-d to read as follows:
  S  630-D. GIFT FOR WOMEN'S CANCERS EDUCATION AND PREVENTION.  AN INDI-
VIDUAL IN ANY TAXABLE YEAR  MAY  ELECT  TO  CONTRIBUTE  TO  THE  WOMEN'S
CANCERS 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  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 REVENUES COLLECTED PURSU-
ANT  TO  THIS SECTION SHALL BE CREDITED TO THE WOMEN'S CANCERS EDUCATION
AND PREVENTION FUND AND USED  ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN
SECTION NINETY-SEVEN-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.  WOMEN'S CANCERS 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
"WOMEN'S CANCERS 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-I AND SECTION SIX HUNDRED THIRTY-D 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 WOMEN'S CANCERS
EDUCATION AND PREVENTION PROJECTS. AS USED  IN  THIS  SECTION,  "WOMEN'S
CANCERS  EDUCATION  AND PREVENTION PROJECTS" MEANS EDUCATIONAL PROJECTS,
INCLUDING GRANTS FOR WOMEN'S CANCERS 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.