S T A T E   O F   N E W   Y O R K
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                                 3441--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 19, 2009
                               ___________

Introduced  by  Sens.  SERRANO,  DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER,
  ONORATO, OPPENHEIMER, SAVINO,  THOMPSON  --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations  and  Government Operations -- recommitted to the Committee on
  Investigations and Government Operations  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
  gifts for the support of the New York state council on the arts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The legislature hereby finds and determines  that,  due  to
severe  budgetary  constraints,  the amount of state funds available for
the support of the New York state council on the arts has  been  sharply
diminished  over the past few years.  This decrease in support has had a
devastating effect upon many of New  York's  cultural  institutions,  as
well as many related or dependent businesses and employees. Accordingly,
the  legislature hereby finds and determines that taxpayers of the state
of New York should have the  opportunity  to  use  the  New  York  state
personal  income  tax  form as a mechanism for making voluntary contrib-
utions for the support of the New York state council on the arts. It  is
the  intent  of  the  legislature  that  any  funds so contributed shall
supplement and not offset or diminish in any way  the  amount  of  funds
made  available  to  the  New York state council on the arts pursuant to
annual budget appropriations.
  S 2. The tax law is amended by adding a new section 630-c to  read  as
follows:
  S  630-C. GIFT TO THE ARTS FUND. EFFECTIVE FOR ANY TAX YEAR COMMENCING
ON OR AFTER JANUARY FIRST, TWO THOUSAND TEN, AN INDIVIDUAL MAY ELECT  TO
CONTRIBUTE    TO   THE   ARTS   FUND   CREATED   PURSUANT   TO   SECTION
NINETY-SEVEN-JJJJ OF THE STATE FINANCE LAW FOR THE SUPPORT  OF  THE  NEW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02933-03-0
              

S. 3441--A                          2

YORK  STATE COUNCIL ON THE ARTS. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE
DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF TAX OWED BY SUCH  INDI-
VIDUAL.  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  REVENUE  COLLECTED  PURSUANT  TO  THIS
SECTION  SHALL  BE  CREDITED  TO  THE  ARTS  FUND  AND USED ONLY FOR THE
PURPOSES OF THE NEW YORK STATE COUNCIL ON THE ARTS.
  S 3. The state finance law is amended by adding a new section  97-jjjj
to read as follows:
  S  97-JJJJ. ARTS FUND. 1. THERE IS HEREBY CREATED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE  A
FUND TO BE KNOWN AS THE "ARTS FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  SIX
HUNDRED THIRTY-C OF THE TAX LAW AND ALL OTHER MONEYS APPROPRIATED, CRED-
ITED,  OR  TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW.  FOR EACH STATE FISCAL YEAR, THERE SHALL  BE  APPROPRIATED  TO  THE
FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS REQUIRED TO BE DEPOS-
ITED  INTO SUCH FUND, AN AMOUNT EQUAL TO THE AMOUNTS OF MONIES COLLECTED
AND DEPOSITED INTO THE FUND PURSUANT TO SECTION SIX HUNDRED THIRTY-C  OF
THE  TAX  LAW  DURING  THE  PRECEDING CALENDAR YEAR, AS CERTIFIED BY THE
COMPTROLLER. NOTHING CONTAINED  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.  MONEYS  OF  THE FUND MAY BE INVESTED BY THE STATE COMPTROLLER, AND
INCOME FROM THE INVESTMENTS OF MONEYS DEPOSITED TO THIS FUND PURSUANT TO
SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW SHALL BE CREDITED SOLELY  TO
THIS FUND.
  S 4. This act shall take effect immediately.