S T A T E O F N E W Y O R K
________________________________________________________________________
1118--A
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. M. G. MILLER -- 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 and the state finance law, in relation to
gifts for the support of congressional chartered veterans service
organizations
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-g to
read as follows:
§ 630-G. GIFT TO THE CONGRESSIONAL CHARTERED VETERANS SERVICE ORGAN-
IZATIONS FUND. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER JANUARY
FIRST, TWO THOUSAND NINETEEN, AN INDIVIDUAL MAY ELECT TO CONTRIBUTE TO
THE CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS FUND CREATED
PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW FOR THE
SUPPORT OF CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS, WHO
HELP ASSIST VETERANS IN GAINING ACCESS TO THE UNITED STATES DEPARTMENT
OF VETERANS AFFAIRS BENEFITS AND THE NEW YORK STATE DIVISION OF VETER-
ANS' SERVICES BENEFITS THEY ARE ENTITLED TO. SUCH CONTRIBUTION SHALL BE
IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF 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 REVENUE COLLECTED PURSU-
ANT TO THIS SECTION SHALL BE CREDITED TO THE FUND AND USED ONLY FOR THE
PURPOSES OF THE CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS.
§ 2. The state finance law is amended by adding a new section 99-hh to
read as follows:
§ 99-HH. CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS FUND.
1. THERE IS HEREBY CREATED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER
AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE
"CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS FUND". MONIES IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00329-05-9
A. 1118--A 2
THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS
HELD IN THE SOLE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE.
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-G OF THE TAX LAW AND ALL OTHER MONEYS 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. MONEYS OF THE FUND MAY BE INVESTED BY THE STATE COMPTROLLER, AND
INCOME FROM THE INVESTMENTS OF MONEYS DEPOSITED TO THIS FUND PURSUANT TO
SECTION SIX HUNDRED THIRTY-G OF THE TAX LAW SHALL BE CREDITED SOLELY TO
THIS FUND.
4. MONIES OF THE FUND SHALL, AFTER APPROPRIATION BY THE LEGISLATURE,
BE MADE AVAILABLE TO THE DIVISION OF VETERANS' SERVICES FOR GRANTS TO
CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS WHO HELP ASSIST
VETERANS IN GAINING ACCESS TO THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS BENEFITS AND THE NEW YORK STATE DIVISION OF VETERANS' SERVICES
BENEFITS THEY ARE ENTITLED TO. THE NEW YORK STATE DIRECTOR OF VETERANS'
SERVICES SHALL PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE
DISTRIBUTION OF SUCH GRANTS.
5. TO THE EXTENT PRACTICABLE, THE DIRECTOR OF VETERANS' SERVICES SHALL
ENSURE THAT ALL MONEYS 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 CONGRESSIONAL CHARTERED VETERANS SERVICE ORGANIZATIONS FUND DURING
THE PRECEDING CALENDAR YEAR AS THE RESULT OF REVENUE DERIVED PURSUANT TO
SECTION SIX HUNDRED THIRTY-G OF THE TAX LAW AND ANY INCOME GENERATED
FROM INVESTMENTS OF THE MONEYS IN THE FUND IN ACCORDANCE WITH SUBDIVI-
SION THREE OF THIS SECTION.
7. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR. THE DIRECTOR OF
THE DIVISION OF VETERANS' SERVICES 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 VETERANS, HOMELAND SECURITY AND MILITARY
AFFAIRS COMMITTEE, CHAIR OF THE ASSEMBLY VETERANS' AFFAIRS COMMITTEE,
AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND
WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISBURSED FROM THE FUND;
(B) THE RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT;
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(E) 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.