The New York State Senate

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

                                 7021--A
                                                        Cal. No. 494

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             March 29, 2017
                               ___________

Introduced  by  M.  of  A. TITONE, SIMON, QUART, HYNDMAN, VANEL, D'URSO,
  GALEF, ARROYO, DICKENS, CAHILL, SEAWRIGHT, JAFFEE,  COOK,  DE LA ROSA,
  PICHARDO,  WILLIAMS,  WEPRIN,  DAVILA,  PELLEGRINO  --  read  once and
  referred to the Committee on Ways and Means  --  ordered  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the tax law, in relation to providing taxpayer gifts for
  gun violence research; and to amend the state finance law, in relation
  to establishing the gun violence research 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 FOR THE GUN VIOLENCE RESEARCH FUND.  EFFECTIVE  FOR  ANY
TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, A
TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE GUN VIOLENCE
RESEARCH FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-SIX  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  TAXPAYER.    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 GUN VIOLENCE RESEARCH FUND AND USED  ONLY  FOR  THOSE
PURPOSES ENUMERATED IN SECTION EIGHTY-SIX OF THE STATE FINANCE LAW.
  §  2.  The  state finance law is amended by adding a new section 86 to
read as follows:
  § 86. GUN VIOLENCE RESEARCH FUND. 1.  THERE IS HEREBY  ESTABLISHED  IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION  AND  FINANCE  A  SPECIAL  FUND  TO  BE  KNOWN AS THE "GUN VIOLENCE
RESEARCH FUND".

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

                                                           LBD09164-02-8

A. 7021--A                          2

  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-F OF THE TAX LAW AND ALL OTHER MONIES APPROPRIATED, CRED-
ITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE  PURSUANT  TO
LAW.    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.  (A)  MONIES  OF  THE  FUND  SHALL BE EXPENDED TO THE DEPARTMENT OF
HEALTH AND THE STATE UNIVERSITY OF NEW YORK FOR GUN  VIOLENCE  RESEARCH.
THE  DEPARTMENT  OF  HEALTH  AND  THE STATE UNIVERSITY OF NEW YORK SHALL
PROVIDE GRANTS FOR THE PURPOSE OF ADVANCING AND FINANCING  GUN  VIOLENCE
RESEARCH.
  (B)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF SECTION ONE HUNDRED
SIXTY-THREE OF THIS CHAPTER, THE COMMISSIONER OF HEALTH AND THE CHANCEL-
LOR OF THE STATE UNIVERSITY OF NEW YORK ARE AUTHORIZED TO ENTER  INTO  A
CONTRACT  OR CONTRACTS UNDER PARAGRAPH (A) OF THIS SUBDIVISION WITHOUT A
COMPETITIVE BID OR REQUEST  FOR  PROPOSAL  PROCESS,  PROVIDED,  HOWEVER,
THAT:
  (I)  THE  DEPARTMENT  OF  HEALTH  AND THE STATE UNIVERSITY OF NEW YORK
SHALL POST ON THEIR WEBSITES, FOR A PERIOD OF NO LESS THAN THIRTY DAYS:
  (1) A DESCRIPTION OF THE PROPOSED SERVICES TO BE PROVIDED PURSUANT  TO
THE CONTRACT OR CONTRACTS;
  (2) THE CRITERIA FOR SELECTION OF A CONTRACTOR OR CONTRACTORS;
  (3)  THE PERIOD OF TIME DURING WHICH A PROSPECTIVE CONTRACTOR MAY SEEK
SELECTION, WHICH SHALL BE NO LESS THAN THIRTY DAYS AFTER  SUCH  INFORMA-
TION IS FIRST POSTED ON THE WEBSITES; AND
  (4)  THE  MANNER  BY  WHICH  A  PROSPECTIVE  CONTRACTOR  MAY SEEK SUCH
SELECTION, WHICH MAY INCLUDE SUBMISSION BY ELECTRONIC MEANS.
  (II) ALL REASONABLE AND RESPONSIVE SUBMISSIONS THAT ARE RECEIVED  FROM
PROSPECTIVE  CONTRACTORS  IN  A  TIMELY FASHION SHALL BE REVIEWED BY THE
COMMISSIONER OF HEALTH AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW
YORK; AND
  (III) THE COMMISSIONER OF HEALTH  AND  THE  CHANCELLOR  OF  THE  STATE
UNIVERSITY OF NEW YORK SHALL SELECT SUCH CONTRACTOR OR CONTRACTORS THAT,
IN  THEIR  DISCRETION,  ARE  BEST  SUITED  TO SERVE THE PURPOSES OF THIS
SECTION.
  4. (A) ON OR BEFORE THE FIRST DAY OF FEBRUARY  EACH  YEAR,  THE  COMP-
TROLLER  SHALL  CERTIFY  TO  THE  GOVERNOR,  TEMPORARY  PRESIDENT OF THE
SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE  FINANCE  COMMITTEE
AND  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY
DEPOSITED BY EACH SOURCE IN THE NEW YORK  STATE  GUN  VIOLENCE  RESEARCH
FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED
PURSUANT  TO  SECTION  SIX  HUNDRED THIRTY-F OF THE TAX LAW AND FROM ALL
OTHER SOURCES.
  (B) ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
OF HEALTH IN COORDINATION WITH THE CHANCELLOR OF THE STATE UNIVERSITY OF
NEW YORK SHALL PROVIDE A WRITTEN REPORT TO THE  TEMPORARY  PRESIDENT  OF
THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
TEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
COMMITTEE  ON  HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE
COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW MONIES OF  THE
FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR AND SHALL INCLUDE:
  (I)  THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
  (II) RECIPIENTS OF AWARDS FROM THE FUND;
  (III) THE AMOUNT AWARDED TO EACH;

A. 7021--A                          3

  (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.
  5. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMPTROLLER.
  6.  CONTRACTORS  AWARDED GRANTS FROM FUNDS DISBURSED FROM THIS SECTION
FOR THE PURPOSE OF GUN VIOLENCE RESEARCH SHALL, WHEN THEIR RESEARCH  HAS
CONCLUDED,  PROVIDE  A WRITTEN REPORT OF THEIR FINDINGS TO THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR  OF  THE
SENATE  FINANCE  COMMITTEE,  THE  CHAIR  OF  THE ASSEMBLY WAYS AND MEANS
COMMITTEE, THE CHAIR OF THE SENATE COMMITTEE ON HEALTH, THE CHAIR OF THE
ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC.
  § 3. This act shall take effect immediately and shall apply to all tax
years commencing on and after January 1, 2018.