S T A T E O F N E W Y O R K
________________________________________________________________________
4612
2021-2022 Regular Sessions
I N S E N A T E
February 8, 2021
___________
Introduced by Sens. MATTERA, JORDAN -- read twice and ordered printed,
and when printed to be committed to the Committee on Budget and Reven-
ue
AN ACT to amend the tax law and the state finance law, in relation to
gifts for the support of New York state small businesses
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-i to
read as follows:
§ 630-I. GIFT FOR THE NEW YORK STATE SMALL BUSINESS RELIEF 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 STATE SMALL BUSINESS RELIEF 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 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 CREDIT-
ED TO THE NEW YORK STATE SMALL BUSINESS RELIEF FUND AND SHALL BE USED
ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-NINE-II OF THE
STATE FINANCE LAW.
§ 2. The state finance law is amended by adding a new section 99-ii to
read as follows:
§ 99-II. NEW YORK SMALL BUSINESS RELIEF FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "NEW YORK STATE
SMALL BUSINESS RELIEF FUND".
2. THE FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE PURSUANT TO SECTION SIX HUNDRED THIRTY-I OF THE
TAX LAW AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09006-01-1
S. 4612 2
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. MONIES OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
SHALL BE MADE AVAILABLE FOR GRANTS TO SMALL BUSINESSES WHO HAVE SUFFERED
ECONOMIC HARDSHIP AS A RESULT OF THE COVID-19 PANDEMIC. FOR THE PURPOSES
OF THIS SECTION, "SMALL BUSINESS" SHALL MEAN A BUSINESS EMPLOYING ONE
HUNDRED OR FEWER EMPLOYEES AND "ECONOMIC HARDSHIP" SHALL MEAN THAT A
BUSINESS HAS EXPERIENCED A REVENUE LOSS GREATER THAN FORTY PERCENT
BETWEEN APRIL AND DECEMBER OF TWO THOUSAND TWENTY COMPARED TO THAT SAME
TIME PERIOD IN THE PREVIOUS YEAR.
§ 3. This act shall take effect immediately.