S T A T E   O F   N E W   Y O R K
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                                   921

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  SERRANO,  DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER,
  SAVINO -- 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
  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 THIRTEEN, AN INDIVIDUAL MAY
ELECT TO CONTRIBUTE TO THE ARTS FUND CREATED PURSUANT TO  SECTION  NINE-
TY-SEVEN-LLLL  OF  THE STATE FINANCE LAW FOR THE SUPPORT OF THE NEW 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

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

                                                           LBD00564-01-3

S. 921                              2

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 ESTABLISHED BY SECTION NINE-
TY-SEVEN-LLLL OF THE STATE FINANCE LAW 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-llll
to read as follows:
  S 97-LLLL. 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.