S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5088--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Budget  and  Revenue  --
   recommitted  to the Committee on Budget and Revenue in accordance with
   Senate Rule 6, sec. 8 -- 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
   providing for taxpayer gifts for diabetes research and  education  and
   establishing the diabetes research and education fund
 
   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  209-P  to
 read as follows:
   §  209-P.  GIFT FOR DIABETES RESEARCH AND EDUCATION. 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 DIABETES RESEARCH AND EDUCATION 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  DIABETES
 RESEARCH  AND  EDUCATION  FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES
 ENUMERATED IN SECTION EIGHTY-NINE-K OF THE STATE FINANCE LAW.
   § 2. The tax law is amended by adding a new section 630-k to  read  as
 follows:
   §  630-K.  GIFT FOR DIABETES RESEARCH AND EDUCATION. EFFECTIVE FOR ANY
 TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS  SECTION,  AN
 INDIVIDUAL  IN  ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE DIABETES
 RESEARCH AND EDUCATION 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06891-04-2
              

 S. 5088--A                          2
 
 TAX  RETURN  TO  ENABLE  A TAXPAYER TO MAKE SUCH CONTRIBUTION.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED  PURSUANT  TO
 THIS  SECTION  SHALL  BE CREDITED TO THE DIABETES RESEARCH AND EDUCATION
 FUND   AND   USED   ONLY   FOR  THOSE  PURPOSES  ENUMERATED  IN  SECTION
 EIGHTY-NINE-K OF THE STATE FINANCE LAW.
   § 3. The state finance law is amended by adding a new section 89-k  to
 read as follows:
   §  89-K.  DIABETES  RESEARCH  AND  EDUCATION  FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT CUSTODY OF THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "DIABETES
 RESEARCH AND EDUCATION 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-P  AND SECTION SIX HUNDRED THIRTY-K OF THE TAX LAW AND ALL
 OTHER MONEYS APPROPRIATED, CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY
 OTHER  FUND  OR  SOURCE  PURSUANT  TO LAW. NOTHING IN THIS SECTION 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 SHALL BE EXPENDED ONLY FOR DIABETES RESEARCH AND
 EDUCATIONAL  PROJECTS.  AS  USED IN THIS SECTION, "DIABETES RESEARCH AND
 EDUCATION PROJECTS" MEANS SCIENTIFIC RESEARCH OR  EDUCATIONAL  PROJECTS,
 INCLUDING  DEMONSTRATION  AND  EDUCATION  GRANTS  FOR DIABETES EDUCATION
 RESEARCH, WHICH ARE APPROVED BY THE DEPARTMENT OF HEALTH.
   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 HEALTH.
   5. TO THE EXTENT PRACTICABLE, THE COMMISSIONER OF HEALTH SHALL  ENSURE
 THAT  ALL MONIES 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  DIABETES  RESEARCH AND EDUCATION FUND DURING THE PRECEDING CALENDAR
 YEAR AS THE RESULT OF REVENUE DERIVED PURSUANT TO SECTIONS  TWO  HUNDRED
 NINE-P AND SIX HUNDRED THIRTY-K OF THE TAX LAW.
   7.  ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSIONER
 OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY  PRESIDENT  OF
 THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
 TEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
 COMMITTEE  ON  HEALTH,  CHAIR  OF THE ASSEMBLY HEALTH COMMITTEE, 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) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH; AND
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
   § 4. This act shall take effect immediately.