Assembly Bill A170A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  170--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by M. of A. GANTT -- read once and referred to the Committee
   on Ways and Means -- recommitted to the Committee on Ways and Means in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the tax law and the state finance law,  in  relation  to
   gifts to the housing assistance fund
 
   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-f  to
 read as follows:
   §  630-F.  GIFT TO THE HOUSING ASSISTANCE FUND.  EFFECTIVE FOR ANY TAX
 YEAR COMMENCING ON OR AFTER JANUARY FIRST,  TWO  THOUSAND  EIGHTEEN,  AN
 INDIVIDUAL  MAY  ELECT  TO CONTRIBUTE TO THE HOUSING ASSISTANCE FUND FOR
 HOMELESS HOUSING PROJECTS. SUCH CONTRIBUTIONS  SHALL  BE  IN  ANY  WHOLE
 DOLLAR  AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF TAX OWED BY SUCH INDI-
 VIDUAL. 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 HOUSING ASSISTANCE FUND AND USED ONLY
 FOR THOSE PURPOSES ENUMERATED  IN  SECTION  NINETY-TWO-Q  OF  THE  STATE
 FINANCE LAW.
   §  2. Subdivision 3 of section 92-q of the state finance law, as added
 by chapter 261 of the laws of 1988, is amended and  three  new  subdivi-
 sions 5, 6 and 7 are added to read as follows:
   3.  Moneys  of  the  fund may be invested by the state comptroller and
 income from such investments shall  be  credited  to  the  general  fund
 PROVIDED,  HOWEVER,  THAT INCOME FROM THE INVESTMENT OF MONEYS DEPOSITED
 TO THIS FUND PURSUANT TO SECTION SIX HUNDRED THIRTY-F  OF  THE  TAX  LAW
 SHALL BE CREDITED SOLELY TO THIS FUND AND NOT TO THE GENERAL FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01104-03-8

 A. 170--A                           2
 
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HOUSING AND COMMUNI-
 TY  RENEWAL  SHALL  ENSURE THAT ALL MONIES RECEIVED DURING A FISCAL YEAR
 ARE EXPENDED PRIOR TO THE END OF THAT FISCAL YEAR.
   6.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND  CHAIR  OF
 THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
 THE HOUSING ASSISTANCE FUND DURING THE PRECEDING CALENDAR  YEAR  AS  THE
 RESULT  OF  REVENUE  DERIVED PURSUANT TO SECTION SIX HUNDRED THIRTY-F OF
 THE TAX LAW.
   7. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMMISSIONER
 OF  HOUSING  AND COMMUNITY RENEWAL SHALL PROVIDE A WRITTEN REPORT TO THE
 TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
 SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND  MEANS  COMMIT-
 TEE,  CHAIR  OF  THE  ASSEMBLY  HOUSING  COMMITTEE, AND THE PUBLIC. SUCH
 REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE
 PRECEDING CALENDAR YEAR AND SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH;
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
   (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
 MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
 ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM  THE  PRIOR  FISCAL
 YEAR.
   § 3. This act shall take effect immediately.