S T A T E O F N E W Y O R K
________________________________________________________________________
2367
2019-2020 Regular Sessions
I N A S S E M B L Y
January 22, 2019
___________
Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the tax law, in relation to authorizing a gift for
public hospitals on personal income tax returns; to amend the state
finance law, in relation to establishing the public hospitals fund;
and to amend the public health law, in relation to providing grants
for public hospitals
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 629-b to
read as follows:
§ 629-B. GIFT FOR PUBLIC HOSPITALS. EFFECTIVE FOR ANY TAX YEAR
COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AN INDIVID-
UAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE PUBLIC HOSPITALS
FUND. 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 CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED
TO THE PUBLIC HOSPITALS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED
IN SECTION EIGHTY-NINE-I OF THE STATE FINANCE LAW.
§ 2. The state finance law is amended by adding a new section 89-j to
read as follows:
§ 89-J. PUBLIC HOSPITALS FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE AND THE STATE
COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "PUBLIC HOSPITALS FUND".
2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION SIX HUNDRED TWENTY-NINE-B OF THE TAX LAW, ALL
REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGISLATURE, AND ALL
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR SOURCE PURSUANT TO LAW. NO MONEYS CREDITED TO SUCH FUND PURSUANT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02236-02-9
A. 2367 2
SECTION SIX HUNDRED TWENTY-NINE-B OF THE TAX LAW SHALL BE DEEMED TO
AUTHORIZE THE REDUCTION OF THE AMOUNT OF MONIES OTHERWISE APPROPRIATED
BY THE STATE FOR THE PURPOSE OF THE FUNDING OF AND PREVENTING THE
CLOSURE OF PUBLIC HOSPITALS.
3. THE MONIES OF THE FUND SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
HEALTH FOR THE PURPOSE OF PROVIDING GRANTS TO PUBLIC HOSPITALS.
4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT
OF HEALTH DESIGNATED BY SUCH COMMISSIONER.
5. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE STATE 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 IN THIS FUND DURING THE PRECEDING CALENDAR YEAR AS THE RESULT
OF REVENUE DERIVED PURSUANT TO SECTION SIX HUNDRED TWENTY-NINE-B OF THE
TAX LAW.
§ 3. The public health law is amended by adding a new section 2827 to
read as follows:
§ 2827. GRANTS FOR PUBLIC HOSPITALS. 1. THE COMMISSIONER SHALL ESTAB-
LISH A GRANT PROGRAM FOR THE FUNDING OF AND PREVENTING THE CLOSURE OF
PUBLIC HOSPITALS THROUGHOUT THE STATE.
2. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN APPROVING EACH GRANT:
(A) THE IMPACT OF THE CLOSURE OF THE PUBLIC HOSPITAL ON THE SURROUND-
ING COMMUNITIES;
(B) THE EXTENT TO WHICH THERE IS A NEED FOR A GRANT TO PREVENT THE
CLOSURE OF THE PUBLIC HOSPITAL;
(C) THE QUALITY OF THE PUBLIC HOSPITAL;
(D) THE SPECIALTIES OF THE PUBLIC HOSPITAL;
(E) THE SIZE OF THE PUBLIC HOSPITAL; AND
(F) ANY OTHER FACTOR THE COMMISSIONER DEEMS APPROPRIATE.
3. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE,
SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, AND THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE. SUCH REPORT SHALL
INCLUDE HOW THE MONIES OF THE PUBLIC HOSPITALS FUND WERE UTILIZED DURING
THE PRECEDING CALENDAR YEAR AND SHALL INCLUDE:
(A) THE AMOUNT OF MONEY DISPERSED FROM THE FUND;
(B) RECIPIENTS OF AWARDS FROM THE FUND;
(C) THE AMOUNT AWARDED TO EACH RECIPIENT; AND
(D) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
§ 4. This act shall take effect immediately.