S T A T E O F N E W Y O R K
________________________________________________________________________
1295--A
Cal. No. 64
2015-2016 Regular Sessions
I N A S S E M B L Y
January 9, 2015
___________
Introduced by M. of A. CYMBROWITZ, COLTON, SCHIMMINGER, CAHILL --
Multi-Sponsored by -- M. of A. COOK, GLICK, HOOPER, MAGEE, ORTIZ --
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 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-J to read as
follows:
S 209-J. GIFT FOR COLON CANCER EDUCATION. A TAXPAYER IN ANY TAXABLE
YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE COLON CANCER EDUCA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05018-02-6
A. 1295--A 2
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-e to read as
follows:
S 630-E. 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-J AND SIX HUNDRED THIRTY-E 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.