Assembly Bill A9682

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

                                  9682

                          I N  A S S E M B L Y

                             March 29, 2016
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to  amend the tax law and the state finance law, in relation to
  gifts for the support of the New York state council on the arts

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

  Section  1.  The  legislature hereby finds and determines that, due to
severe budgetary constraints, the amount of state  funds  available  for
the  support  of the New York state council on the arts has been sharply
diminished over the past few years.  This decrease in support has had  a
devastating  effect  upon  many  of New York's cultural institutions, as
well as many related or dependent businesses and employees. Accordingly,
the legislature hereby finds and determines that taxpayers of the  state
of  New  York  should  have  the  opportunity  to use the New York state
personal income tax form as a mechanism for  making  voluntary  contrib-
utions  for the support of the New York state council on the arts. It is
the intent of the  legislature  that  any  funds  so  contributed  shall
supplement  and  not  offset  or diminish in any way the amount of funds
made available to the New York state council on  the  arts  pursuant  to
annual budget appropriations.
  S  2.  The tax law is amended by adding a new section 630-e to read as
follows:
  S 630-E. GIFT TO THE ARTS FUND. EFFECTIVE FOR ANY TAX YEAR  COMMENCING
ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, AN INDIVIDUAL MAY ELECT
TO  CONTRIBUTE  TO THE ARTS FUND CREATED PURSUANT TO SECTION NINETY-SEV-
EN-YYYY OF THE STATE FINANCE LAW FOR THE SUPPORT OF THE NEW  YORK  STATE
COUNCIL  ON  THE  ARTS.  SUCH  CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF 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 ARTS FUND ESTABLISHED BY SECTION  NINETY-SEVEN-
YYYY  OF THE STATE FINANCE LAW AND USED ONLY FOR THE PURPOSES OF THE NEW
YORK STATE COUNCIL ON THE ARTS.

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

                                                           LBD04316-05-6

A. 9682                             2

  S 3. The state finance law is amended by adding a new section  97-yyyy
to read as follows:
  S  97-YYYY. ARTS FUND. 1. THERE IS HEREBY CREATED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE  A
FUND TO BE KNOWN AS THE "ARTS FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  SIX
HUNDRED THIRTY-E OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED, CRED-
ITED,  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW.  FOR EACH STATE FISCAL YEAR, THERE SHALL  BE  APPROPRIATED  TO  THE
FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS REQUIRED TO BE DEPOS-
ITED  INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS OF MONEYS COLLECTED
AND DEPOSITED INTO THE FUND PURSUANT TO SECTION SIX HUNDRED THIRTY-E  OF
THE  TAX  LAW  DURING  THE  PRECEDING CALENDAR YEAR, AS CERTIFIED BY THE
COMPTROLLER. NOTHING CONTAINED  HEREIN  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 AND USED ONLY FOR THE PURPOSES
AND SUPPORT OF THE NEW YORK STATE COUNCIL ON THE ARTS.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COUNCIL ON THE
ARTS.
  5. TO THE EXTENT PRACTICABLE, THE COUNCIL ON  THE  ARTS  SHALL  ENSURE
THAT  ALL MONIES RECEIVED DURING A FISCAL YEAR ARE EXPENDED PRIOR TO THE
END OF THAT FISCAL YEAR.
  6. MONEYS OF THE FUND MAY BE INVESTED BY THE  STATE  COMPTROLLER,  AND
INCOME FROM THE INVESTMENTS OF MONEYS DEPOSITED TO THIS FUND PURSUANT TO
SECTION  SIX HUNDRED THIRTY-E OF THE TAX LAW SHALL BE CREDITED SOLELY TO
THIS FUND.
  S 4. This act shall take effect immediately.