NY State Senate Bill 2011-S3292

Senate Bill S3292

2011-2012 Legislative Session

Provides for corporate franchise tax and personal income tax check-offs for taxpayer gifts for diabetes research and education; establishes diabetes fund

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2012	reported and committed to rules
May 22, 2012	reported and committed to finance
Jan 04, 2012	referred to investigations and government operations
Jun 24, 2011	committed to rules
Jun 07, 2011	advanced to third reading
Jun 06, 2011	2nd report cal.
Jun 02, 2011	1st report cal.958
May 24, 2011	reported and committed to finance
Feb 15, 2011	referred to investigations and government operations

Votes

- Jun 12, 2012 - Rules Committee Vote
  S3292
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2012
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Fuschillo
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      excused (1)
      
      Krueger
  May 22, 2012 - Investigations And Government Operations Committee Vote
  S3292
  
  7
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 22, 2012
      
      aye (7)
      
      Alesi
      
      Diaz
      
      Golden
      
      Marcellino
      
      Nozzolio
      
      Squadron
      
      Zeldin
      
      aye wr (1)
      
      Peralta
  May 24, 2011 - Investigations And Government Operations Committee Vote
  S3292
  
  7
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Investigations And Government Operations Committee Vote: May 24, 2011
      
      aye (7)
      
      Alesi
      
      Diaz
      
      Golden
      
      Marcellino
      
      Nozzolio
      
      Squadron
      
      Zeldin
      
      aye wr (1)
      
      Peralta
  Jun 12, 2012 - Finance Committee Vote
  S3292
  
  32
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 12, 2012
      
      aye (32)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Rivera
      
      Robach
      
      Saland
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      aye wr (2)
      
      Duane
      
      Peralta
      
      excused (1)
      
      Krueger
  Jun 2, 2011 - Finance Committee Vote
  S3292
  
  32
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Jun 2, 2011
      
      aye (32)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Rivera
      
      Robach
      
      Saland
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Young
      
      aye wr (1)
      
      Peralta
      
      excused (2)
      
      Duane
      
      Kruger

co-Sponsors

View additional co-sponsors

2011-S3292 (ACTIVE) - Details

See Assembly Version of this Bill:: A3273
Current Committee:: Senate Rules
Law Section:: Tax Law
Laws Affected:: Add §§209-H & 630-c, Tax L; add §89-h, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1492, A2732
2013-2014: A296
2015-2016: A6434
2017-2018: A5540
2019-2020: A4620
2021-2022: A5532
2023-2024: A4868

2011-S3292 (ACTIVE) - Summary

Provides for a corporate franchise tax check-off and a personal income tax check-off for taxpayer gifts for diabetes research and education; establishes the diabetes research and education fund.

2011-S3292 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3292

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Provides for corporate franchise tax and personal income tax
check-offs for taxpayer gifts for diabetes research and education.
This bill also establishes the diabetes fund.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the tax law by adding a new
section 209-H to enable corporate tax payers to make
a contribution to the diabetes research and education fund. This
contribution can be made in any whole dollar amount and shall not reduce
the amount of the state tax owed by the taxpayer. In addition, this
section mandates that all revenues collected be credited to the
diabetes research and education fund, as
enumerated in the state finance law.

Section 2 amends the tax law by adding a new section 630-c to enable
personal taxpayers to make a contribution to the diabetes research
and education fund. This contribution can be made m any whole dollar

amount, and shall not reduce the amount of the state tax owed by the
taxpayer. In addition, this section mandates that all revenues
collected be credited to the diabetes research and education fund, as
enumerated in the state finance law.

Section 3 amends the state finance law by establishing a "diabetes
research and education fund" in the joint custody of the commissioner
of taxation and finance and the comptroller. This section also
declares that to the extent possible, the commissioner of health
shall ensure that all monies received during a fiscal year .are
expended prior to the end of that fiscal year on diabetes research and
education projects.

JUSTIFICATION:
Currently millions of New Yorkers are affected by diabetes, and there
is still no established cure. This bill would help to increase funds
for basic scientific research into a cure for diabetes, as well as
other important educational programs by simply making a donation on
either personal or corporate tax returns.

There are five other groups listed in the "voluntary
gifts/contributions" section of New York State tax law.
Allowing for a "diabetes research/education" category on New York
State personal and corporate income tax forms alongside these other
important categories will facilitate greater
funding for diabetes programs.

PRIOR LEGISLATIVE HISTORY:
05/13/02 Passed Assembly
06/09/03 Passed Assembly


03/10/04 Passed Assembly
05/23/05 Passed Assembly
04/04/06 Passed Assembly
02/26/08 Passed Assembly
05/11/09 Passed Assembly
03/18/10 Passed Assembly

FISCAL IMPLICATIONS:
It is expected that this bill could raise up to $1 million to be
deposited into the Diabetes Research and Education Fund.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S3292 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3292

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced by Sens. DeFRANCISCO, GRIFFO, JOHNSON, LARKIN, RANZENHOFER --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Investigations and Government Operations

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-H to
read as follows:
  S 209-H. 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-H OF THE STATE FINANCE LAW.
  S  2.  The tax law is amended by adding a new section 630-c to read as
follows:
  S 630-C. 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
TAX RETURN TO ENABLE A TAXPAYER TO MAKE  SUCH  CONTRIBUTION.    NOTWITH-
STANDING  ANY  OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSUANT TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02879-02-1

S. 3292                             2

THIS SECTION SHALL BE CREDITED TO THE DIABETES  RESEARCH  AND  EDUCATION
FUND   AND   USED   ONLY   FOR  THOSE  PURPOSES  ENUMERATED  IN  SECTION
EIGHTY-NINE-H OF THE STATE FINANCE LAW.
  S  3. The state finance law is amended by adding a new section 89-h to
read as follows:
  S 89-H. 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-H AND SECTION SIX HUNDRED THIRTY-C OF THE TAX LAW  AND  ALL
OTHER  MONEYS  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 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.
  S 4. This act shall take effect immediately.

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Senate Bill S3292

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Sponsored By

John A. DeFrancisco

Archive: Last Bill Status - In Senate Committee Rules Committee

co-Sponsors

Joseph A. Griffo

Owen H. Johnson

William Larkin

Kevin S. Parker

2011-S3292 (ACTIVE) - Details

2011-S3292 (ACTIVE) - Summary

2011-S3292 (ACTIVE) - Sponsor Memo

2011-S3292 (ACTIVE) - Bill Text download pdf

Comments