Assembly Bill A5650

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5650
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2017
                                ___________
 
 Introduced  by  M.  of  A.  KOLB,  MALLIOTAKIS,  LOPEZ  -- 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
   providing  for  taxpayer  gifts  for  New  York state natural disaster
   relief and establishing the New York  state  natural  disaster  relief
   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  209-K  to
 read as follows:
   §  209-K.  GIFT FOR NATURAL DISASTER RELIEF. A TAXPAYER IN ANY TAXABLE
 YEAR MAY ELECT TO CONTRIBUTE TO  THE  SUPPORT  OF  THE  NEW  YORK  STATE
 NATURAL  DISASTER  RELIEF  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 NEW YORK STATE NATURAL
 DISASTER RELIEF FUND AND USED ONLY  FOR  THOSE  PURPOSES  ENUMERATED  IN
 SECTION NINETY-SEVEN-YYYY OF THE STATE FINANCE LAW.
   §  2.  The tax law is amended by adding a new section 630-e to read as
 follows:
   § 630-E. GIFT FOR NATURAL DISASTER RELIEF. AN INDIVIDUAL IN ANY  TAXA-
 BLE  YEAR MAY ELECT TO CONTRIBUTE TO THE NEW YORK STATE NATURAL DISASTER
 RELIEF 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 NEW YORK STATE NATURAL DISASTER RELIEF FUND AND USED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03339-01-7
              

 A. 5650                             2
 
 ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-YYYY  OF  THE
 STATE FINANCE LAW.
   §  3. The state finance law is amended by adding a new section 97-yyyy
 to read as follows:
   § 97-YYYY. NEW YORK STATE NATURAL DISASTER RELIEF 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  "NEW
 YORK STATE NATURAL DISASTER RELIEF 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-K  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.  MONEYS  IN  SUCH FUND SHALL BE EXPENDED ONLY TO PROVIDE GRANTS FOR
 THE PURPOSE OF PROVIDING IMMEDIATE  RELIEF  TO  PERSONS  AFFECTED  BY  A
 NATURAL DISASTER. SUCH PURPOSES MAY INCLUDE, BUT NEED NOT BE LIMITED TO:
 PROVIDING FOOD, CLOTHING, AND TEMPORARY SHELTER.
   4. MONIES SHALL BE PAYABLE FROM THE FUND, ONLY UPON THE STATE DECLARA-
 TION  OF  DISASTER  EMERGENCY,  PURSUANT  TO SECTION TWENTY-EIGHT OF THE
 EXECUTIVE LAW, FOR EMERGENCIES OCCURRING  FROM  NATURAL  CAUSES;  MONIES
 THAT  MEET  THIS REQUIREMENT SHALL BE PAYABLE FROM THE FUND ON THE AUDIT
 AND WARRANT OF THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE
 COMMISSIONER OF THE DIVISION OF HOMELAND SECURITY.
   § 4. Subsection (d) of section 615 of the tax law is amended by adding
 a new paragraph 5 to read as follows:
   (5) THE AMOUNT CONTRIBUTED TO THE "NEW  YORK  STATE  NATURAL  DISASTER
 RELIEF FUND", PURSUANT TO SECTION NINETY-SEVEN-YYYY OF THE STATE FINANCE
 LAW;  PROVIDED,  HOWEVER,  THAT IS NOT INCLUDED AS A CHARITABLE CONTRIB-
 UTION DEDUCTION ALLOWED UNDER SECTION ONE HUNDRED SEVENTY OF THE  INTER-
 NAL REVENUE CODE.
   §  5.  This  act  shall take effect immediately and shall apply to the
 taxable year in which it becomes effective.