S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1991
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 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 TWENTY-ONE, AN  INDI-
 VIDUAL  IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE PUBLIC HOSPI-
 TALS FUND. SUCH CONTRIBUTION SHALL BE IN ANY  WHOLE  DOLLAR  AMOUNT  AND
 SHALL  NOT  REDUCE THE AMOUNT OF STATE 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 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-J 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.
              

                                                            LBD06920-01-1

 A. 1991                             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 2828  to
 read as follows:
   §  2828. 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.