S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4524
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- 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
   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  630-1  to
 read as follows:
   §  630-1.  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-QQ  OF  THE
 STATE FINANCE LAW.
   § 2. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   §  99-QQ.  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-1 OF THE
 TAX LAW AND ALL OTHER  MONIES  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03906-01-3
              

 A. 4524                             2
 
 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.