Assembly Bill A1538A

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

                                 1538--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. CYMBROWITZ, WEISENBERG, MILLMAN, CLARK, COLTON,
  SCHIMMINGER, CAHILL -- Multi-Sponsored by -- M.  of  A.  COOK,  GLICK,
  HOOPER, JACOBS, MAGEE, ORTIZ, SWEENEY -- read once and referred to the
  Committee  on Health -- reported and referred to the Committee on Ways
  and Means -- 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 colon cancer
  education and establishing the colon cancer education fund

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

  Section  1.  The  public health law is amended by adding a new article
27-CCC to read as follows:
                             ARTICLE 27-CCC
                     COLON CANCER EDUCATION PROGRAM
SECTION 2746. COLON CANCER EDUCATION.
  S 2746. COLON CANCER EDUCATION.    THE  COMMISSIONER  SHALL  ESTABLISH
WITHIN  THE  DEPARTMENT A PROGRAM TO PROMOTE PATIENT EDUCATION REGARDING
COLON CANCER. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE COMMISSION-
ER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO PROMOTE PATIENT EDUCATION PROGRAMS DESIGNED TO REDUCE OR PREVENT
THE INCIDENCE AND SEVERITY OF COLON CANCER;
  2. TO ACCEPT AND EXPEND ANY GRANTS, AWARDS OR OTHER FUNDS OR APPROPRI-
ATIONS AS MAY BE AVAILABLE FOR THESE PURPOSES SUBJECT TO LIMITATIONS  AS
TO  THE APPROVAL OF EXPENDITURES AND AUDIT AS PRESCRIBED FOR STATE FUNDS
BY THE STATE FINANCE LAW; AND
  3. TO ENTER INTO CONTRACTS WITHIN THE AMOUNTS  AVAILABLE  THEREFOR  AS
MAY BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S  2.  The tax law is amended by adding a new section 209-I to read as
follows:

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

                                                           LBD06191-02-3

A. 1538--A                          2

  S 209-I. GIFT FOR COLON CANCER EDUCATION.  A TAXPAYER IN  ANY  TAXABLE
YEAR  MAY  ELECT TO CONTRIBUTE TO THE SUPPORT OF THE COLON CANCER EDUCA-
TION 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 COLON CANCER EDUCATION FUND AND SHALL  BE  USED  ONLY
FOR  THOSE  PURPOSES  ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE
FINANCE LAW.
  S 3. The tax law is amended by adding a new section 630-d to  read  as
follows:
  S  630-D. GIFT FOR COLON CANCER EDUCATION.  AN INDIVIDUAL IN ANY TAXA-
BLE YEAR MAY ELECT TO CONTRIBUTE TO THE  COLON  CANCER  EDUCATION  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 PURSUANT TO THIS SECTION SHALL BE CREDITED
TO  THE  COLON  CANCER  EDUCATION  FUND AND USED ONLY FOR THOSE PURPOSES
ENUMERATED IN SECTION NINETY-SEVEN-CC OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section 97-cc to
read as follows:
  S 97-CC. COLON CANCER EDUCATION 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 "COLON CANCER EDUCATION
FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE,  PURSUANT  TO THE PROVISIONS OF SECTIONS TWO
HUNDRED NINE-I AND 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 COLON  CANCER  EDUCA-
TIONAL  PROJECTS.  AS  USED  IN  THIS  SECTION,  "COLON CANCER EDUCATION
PROJECTS" MEANS EDUCATIONAL PROJECTS, INCLUDING GRANTS FOR COLON  CANCER
EDUCATION,  WHICH, PURSUANT TO SECTION TWENTY-SEVEN HUNDRED FORTY-SIX OF
THE PUBLIC HEALTH LAW, 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 on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
taxable years beginning on and after such effective date.