S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1719
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BICHOTTE HERMELYN,  JOYNER  -- read once and
   referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law and the state finance law,  in  relation  to
   allowing  taxpayers to contribute to the tuition assistance program on
   personal income tax returns

   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-l to
 read as follows:
   § 630-L. GIFTS TO THE TUITION ASSISTANCE PROGRAM.  EFFECTIVE  FOR  ANY
 TAXABLE  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 SIX, AN INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO  CONTRIBUTE  TO  THE
 GIFTS  TO  THE  TUITION  ASSISTANCE  PROGRAM FUND ESTABLISHED IN SECTION
 EIGHTY-TWO-A OF THE STATE FINANCE LAW. 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 PURSU-
 ANT TO THIS SECTION SHALL BE  CREDITED  TO  THE  GIFTS  TO  THE  TUITION
 ASSISTANCE  PROGRAM FUND; USED IN ADDITION TO, NOT TO SUPPLANT, EXISTING
 FUNDING UNDER THE TUITION ASSISTANCE PROGRAM; AND USED  FOR  ONLY  THOSE
 PURPOSES  ENUMERATED IN SECTION SIX HUNDRED SIXTY-SEVEN OF THE EDUCATION
 LAW.
   § 2. The state finance law is amended by adding a new section 82-a  to
 read as follows:
   §  82-A.  GIFTS  TO  THE  TUITION ASSISTANCE PROGRAM FUND. 1. THERE IS
 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03354-01-3
 A. 1719                             2
 
              

   2. SUCH FUND SHALL CONSIST OF ALL MONEYS RECEIVED BY THE DEPARTMENT OF
 TAXATION AND FINANCE FROM GIFTS TO THE TUITION ASSISTANCE PROGRAM PURSU-
 ANT TO SECTION SIX HUNDRED THIRTY-L OF THE TAX LAW.
   3.  MONEYS IN SUCH FUND SHALL BE KEPT SEPARATELY FROM AND SHALL NOT BE
 COMMINGLED WITH ANY OTHER MONEYS IN  THE  CUSTODY  OF  THE  STATE  COMP-
 TROLLER.
   4.  SUCH  MONEYS,  AFTER  APPROPRIATION  BY  THE LEGISLATURE, SHALL BE
 AVAILABLE TO THE PRESIDENT  OF  THE  NEW  YORK  STATE  HIGHER  EDUCATION
 SERVICES  CORPORATION FOR THE DISTRIBUTION OF TUITION ASSISTANCE PROGRAM
 AWARDS.   NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ALL  REVENUES
 COLLECTED  PURSUANT TO SECTION SIX HUNDRED THIRTY-L OF THE TAX LAW SHALL
 BE CREDITED TO THE GIFTS TO THE TUITION ASSISTANCE PROGRAM FUND, USED IN
 ADDITION TO, NOT TO SUPPLANT, EXISTING FUNDING UNDER THE TUITION ASSIST-
 ANCE PROGRAM AND USED FOR ONLY THOSE PURPOSES ENUMERATED IN SECTION  SIX
 HUNDRED SIXTY-SEVEN OF THE EDUCATION LAW.
   5. THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED AND PAID OUT ON AUDIT
 AND  WARRANT OF THE COMPTROLLER ON THE CERTIFICATION OF THE COMMISSIONER
 OF EDUCATION OR SUCH OTHER OFFICER OR EMPLOYEE OR OFFICERS OR  EMPLOYEES
 AS  SUCH  COMPTROLLER AND SUCH COMMISSIONER SHALL AUTHORIZE TO MAKE SUCH
 REQUISITIONS.
   § 3. This act shall take effect on the first of January next  succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 taxable years occurring on or after such date.