S T A T E O F N E W Y O R K
________________________________________________________________________
9678--A
I N A S S E M B L Y
January 31, 2018
___________
Introduced by M. of A. ENGLEBRIGHT, ZEBROWSKI, D'URSO, GOTTFRIED,
PICHARDO, ABINANTI, DE LA ROSA, SCHIMMINGER, GALEF, CAHILL, COOK,
PEOPLES-STOKES, JONES, BLAKE, NIOU, SEAWRIGHT -- Multi-Sponsored by --
M. of A. SIMON, THIELE -- read once and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the tax law, the state finance law and the real property
tax law, in relation to authorizing personal income taxpayers to make
a gift to the school district they reside in
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 627-d to
read as follows:
§ 627-D. GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCATION. EFFECTIVE FOR
ANY TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND NINE-
TEEN, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE
SCHOOL DISTRICT ACCOUNT, WITHIN THE GIFT TO EXCELLENCE IN PUBLIC SCHOOL
EDUCATION FUND, FOR THE SCHOOL DISTRICT IN WHICH SUCH INDIVIDUAL
RESIDES. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL
NOT REDUCE THE AMOUNT OF STATE TAX OWED BY SUCH INDIVIDUAL. THE COMMIS-
SIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A
TAXPAYER TO MAKE SUCH A CONTRIBUTION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL
BE CREDITED TO THE APPROPRIATE ACCOUNT IN THE GIFT TO EXCELLENCE IN
PUBLIC SCHOOL EDUCATION FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED
IN SECTION EIGHTY-FIVE OF THE STATE FINANCE LAW.
§ 2. The state finance law is amended by adding a new section 85 to
read as follows:
§ 85. GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCATION FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCATION FUND".
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14216-04-8
A. 9678--A 2
2. THE COMPTROLLER SHALL ESTABLISH, WITHIN THE GIFT TO EXCELLENCE IN
PUBLIC SCHOOL EDUCATION FUND, A SEPARATE ACCOUNT FOR EACH SCHOOL
DISTRICT IN THE STATE.
3. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION SIX
HUNDRED TWENTY-SEVEN-D OF THE TAX LAW, AND ALL OTHER MONEYS APPROPRI-
ATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. ALL SUCH REVENUE RECEIVED SHALL BE ALLOCATED AND DEPOS-
ITED INTO THE SCHOOL DISTRICT ACCOUNT DESIGNATED FOR EACH CONTRIBUTION
CONSTITUTING SUCH REVENUE. NOTHING CONTAINED IN THIS SECTION SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
PURPOSES OF THE FUND AND DEPOSITING THEM INTO THE APPROPRIATE ACCOUNTS
OF THE FUND.
4. MONEYS IN EACH ACCOUNT OF THE FUND RECEIVED FOR A TAXABLE YEAR
SHALL BE PAYABLE BY THE COMPTROLLER ON JULY FIRST TO THE SCHOOL DISTRICT
FOR WHICH THE ACCOUNT EXISTS IN THE CALENDAR YEAR NEXT SUCCEEDING THE
TAXABLE YEAR IN WHICH SUCH MONEYS WERE COLLECTED. IN ADDITION, THE
COMPTROLLER SHALL PROVIDE, ON OR BEFORE APRIL FIRST, NOTICE TO EACH
SCHOOL DISTRICT AND ASSESSOR FOR SUCH DISTRICT, OF THE AMOUNT OF MONEYS
FROM THE FUND THAT THE SCHOOL DISTRICT WILL RECEIVE.
5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF EDUCATION 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 GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCATION FUND DURING THE
PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED PURSUANT TO
SECTION SIX HUNDRED TWENTY-SEVEN-D OF THE TAX LAW.
7. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF EDUCATION 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 COMMITTEE, CHAIR OF THE
SENATE COMMITTEE ON EDUCATION, CHAIR OF THE ASSEMBLY EDUCATION COMMIT-
TEE, 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. The real property tax law is amended by adding a new section
1306-b to read as follows:
§ 1306-B. EFFECT OF GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCATION UPON
CERTAIN PARCELS. 1. THE AMOUNT OF TAXES TO BE LEVIED FOR ANY SCHOOL YEAR
SHALL BE REDUCED BY THE AMOUNT OF THE REVENUE A SCHOOL DISTRICT RECEIVES
FOR THE SCHOOL YEAR FROM THE GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCA-
TION. FURTHERMORE, SUCH REVENUE SHALL BE USED BY THE ASSESSOR OF A
SCHOOL DISTRICT TO REDUCE THE SCHOOL TAX LIABILITY OF A PARCEL OWNED BY
EACH PERSON RESIDING IN THE SCHOOL DISTRICT WHO MADE A GIFT TO EXCEL-
LENCE IN PUBLIC SCHOOL EDUCATION PURSUANT TO SECTION SIX HUNDRED TWEN-
TY-SEVEN-D OF THE TAX LAW IN AN AMOUNT EQUAL TO SUCH GIFT.
A. 9678--A 3
2. ANNUALLY, ON OR BEFORE JULY FIRST, THE COMMISSIONER OF TAXATION AND
FINANCE SHALL TRANSMIT TO EACH ASSESSOR FOR A SCHOOL DISTRICT, THE NAME,
ADDRESS AND AMOUNT OF THE GIFT MADE, OF EACH PERSON RESIDING IN SUCH
DISTRICT WHO MADE A GIFT TO EXCELLENCE IN PUBLIC SCHOOL EDUCATION PURSU-
ANT TO SECTION SIX HUNDRED TWENTY-SEVEN-D OF THE TAX LAW.
§ 4. This act shall take effect immediately.