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

                                  7003

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 17, 2015
                               ___________

Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
  tee on Ways and Means

AN  ACT  to  amend the tax law and the state finance law, in relation to
  allowing taxpayers to contribute to the tuition assistance program  on
  personal income tax returns

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

  Section 1. The tax law is amended by adding a  new  section  630-d  to
read as follows:
  S  630-D.  GIFTS  TO THE TUITION ASSISTANCE PROGRAM. EFFECTIVE FOR ANY
TAXABLE YEAR COMMENCING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  EIGH-
TEEN,  AN  INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
GIFTS TO THE TUITION ASSISTANCE  PROGRAM  FUND  ESTABLISHED  IN  SECTION
EIGHTY-ONE  OF  THE STATE FINANCE LAW. 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  GIFTS  TO  THE  TUITION
ASSISTANCE  PROGRAM FUND; USED IN ADDITION TO, NOT TO SUPPLANT, EXISTING
FUNDING UNDER THE TUITION ASSISTANCE PROGRAM; AND USED  FOR  ONLY  THOSE
PURPOSES  ENUMERATED IN SECTION SIX HUNDRED SIXTY-SEVEN OF THE EDUCATION
LAW.
  S 2. The state finance law is amended by adding a new  section  81  to
read as follows:
  S 81. GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND. 1. THERE IS HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06908-01-5

A. 7003                             2
              

  2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF
TAXATION AND FINANCE FROM GIFTS TO THE TUITION ASSISTANCE PROGRAM PURSU-
ANT TO SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW.
  3.  MONEYS IN SUCH FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE
COMMINGLED WITH ANY OTHER MONEYS IN  THE  CUSTODY  OF  THE  STATE  COMP-
TROLLER.
  4.  SUCH  MONEYS,  AFTER  APPROPRIATION  BY  THE LEGISLATURE, SHALL BE
AVAILABLE TO THE PRESIDENT  OF  THE  NEW  YORK  STATE  HIGHER  EDUCATION
SERVICES  CORPORATION FOR THE DISTRIBUTION OF TUITION ASSISTANCE PROGRAM
AWARDS.   NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
COLLECTED  PURSUANT TO SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW SHALL
BE CREDITED TO THE GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND, USED IN
ADDITION TO, NOT TO SUPPLANT, EXISTING FUNDING UNDER THE TUITION ASSIST-
ANCE PROGRAM AND USED FOR ONLY THOSE PURPOSES ENUMERATED IN SECTION  SIX
HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
  5. THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED AND PAID OUT ON AUDIT
AND  WARRANT OF THE COMPTROLLER ON THE CERTIFICATION OF THE COMMISSIONER
OF EDUCATION OR SUCH OTHER OFFICER OR EMPLOYEE OR OFFICERS OR  EMPLOYEES
AS  SUCH  COMPTROLLER AND SUCH COMMISSIONER SHALL AUTHORIZE TO MAKE SUCH
REQUISITIONS.
  S 3. 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 occurring on or after such date.