Assembly Bill A10717

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10717
 
                           I N  A S S E M B L Y
 
                             September 9, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lawler) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the state finance law and the tax law,  in  relation  to
   establishing the New York will never forget fund; and making an appro-
   priation therefor
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 89-k to read as follows:
   §  89-K.  NEW  YORK  WILL NEVER FORGET FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
 AND  THE  COMPTROLLER,  A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK WILL
 NEVER FORGET FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
 OF  TAXATION  AND  FINANCE  PURSUANT  TO  THE  PROVISIONS OF SECTION TWO
 HUNDRED NINE-Q AND SECTION SIX HUNDRED THIRTY-L OF THE TAX LAW  AND  ALL
 OTHER  MONEYS  APPROPRIATED,  CREDITED,  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 FUND
 AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONIES  OF  THE  FUND SHALL BE EXPENDED ONLY FOR GRANTS TO MUSEUMS
 LOCATED WITHIN THE STATE THAT: (I) ARE SPECIFICALLY DEDICATED TO EDUCAT-
 ING THE GENERAL PUBLIC ABOUT THE EVENTS THAT OCCURRED DURING THE TERROR-
 IST ATTACKS ON SEPTEMBER ELEVENTH, TWO THOUSAND ONE, THE EVENTS  LEADING
 UP TO SUCH ATTACKS AND THE AFTERMATH OF THE ATTACKS; MEMORIALIZING THOSE
 WHO LOST THEIR LIVES DURING THE ATTACKS; AND/OR PAYING TRIBUTE TO SURVI-
 VORS  OF THE ATTACKS; AND (II) ARE QUALIFIED ORGANIZATIONS UNDER SECTION
 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE  CODE.    THE  NEW  YORK
 STATE  BOARD  OF  REGENTS SHALL ESTABLISH CRITERIA FOR DETERMINING WHICH
 MUSEUMS ARE ELIGIBLE TO RECEIVE GRANTS PURSUANT TO THIS FUND.
   4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
 OF TAXATION AND FINANCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16246-01-2
              

 A. 10717                            2
 
   5. TO THE EXTENT PRACTICABLE, THE NEW  YORK  STATE  BOARD  OF  REGENTS
 SHALL  ENSURE  THAT ALL MONIES RECEIVED ARE EXPENDED WITHIN ONE CALENDAR
 YEAR FROM THE DATE ON WHICH THEY ARE RECEIVED.
   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 NEW YORK WILL NEVER FORGET FUND DURING THE PRECEDING  CALENDAR  YEAR
 AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTIONS TWO HUNDRED NINE-Q
 AND SIX HUNDRED THIRTY-L OF THE TAX LAW.
   7.  ON  OR  BEFORE  THE  FIRST DAY OF FEBRUARY EACH YEAR, THE NEW YORK
 STATE BOARD OF REGENTS 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,  THE
 SENATE  STANDING COMMITTEE ON EDUCATION, THE ASSEMBLY STANDING COMMITTEE
 ON EDUCATION, 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) THE RECIPIENTS OF GRANTS FROM THE FUND;
   (III) THE AMOUNT GRANTED TO EACH RECIPIENT;
   (IV) THE PURPOSES FOR WHICH SUCH FUNDS 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.
   §  2.  The tax law is amended by adding a new section 209-q to read as
 follows:
   § 209-Q. GIFT FOR THE NEW YORK WILL NEVER FORGET FUND.  EFFECTIVE  FOR
 ANY  TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF
 THE NEW YORK WILL NEVER FORGET 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 CONTRIB-
 UTION.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL   REVENUES
 COLLECTED  PURSUANT  TO  THIS  SECTION SHALL BE CREDITED TO THE NEW YORK
 WILL NEVER FORGET FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMER-
 ATED IN SECTION EIGHTY-NINE-K OF THE STATE FINANCE LAW.
   § 3. The tax law is amended by adding a new section 630-l to  read  as
 follows:
   § 630-L. GIFTS FOR THE NEW YORK WILL NEVER FORGET FUND.  EFFECTIVE FOR
 ANY  TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE  NEW  YORK
 WILL  NEVER  FORGET  FUND PURSUANT TO SECTION EIGHTY-NINE-K OF THE STATE
 FINANCE LAW.   ANY CONTRIBUTIONS MADE TO  SUCH  FUND  PURSUANT  TO  THIS
 SECTION SHALL BE DEPOSITED INTO A DEDICATED ACCOUNT MANAGED BY THE FUND,
 WHICH  SHALL  SOLELY  BE  USED  FOR THOSE PURPOSES ENUMERATED IN SECTION
 EIGHTY-NINE-K OF THE STATE FINANCE LAW.  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
 PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO  MAKE  SUCH  CONTRIB-
 UTION.    NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  ALL REVENUES
 COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED  TO  THE  NEW  YORK
 WILL NEVER FORGET FUND.
 A. 10717                            3
 
   § 4. The sum of fifty million dollars ($50,000,000), or so much there-
 of  as  may  be  necessary,  is hereby appropriated to the department of
 education out of any moneys in the state treasury in the general fund to
 the credit of the general account, not otherwise appropriated, and  made
 immediately available, for the purpose of carrying out the provisions of
 this  act.  Such moneys shall be payable on the audit and warrant of the
 comptroller on vouchers certified or approved  by  the  New  York  state
 board of regents in the manner prescribed by law.
   § 5. This act shall take effect on the one hundred twentieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.