S T A T E   O F   N E W   Y O R K
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                                 382--A
                                                            R. R. 47

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. ROSENTHAL, ROZIC, ROBINSON, COOK, GUNTHER, ENGLE-
  BRIGHT, ABBATE, ROBERTS, OTIS, SCHIMEL, FAHY, AUBRY -- Multi-Sponsored
  by  --  M. of A.  ARROYO, BROOK-KRASNY, PERRY, RIVERA, SOLAGES -- read
  once and referred to the Committee on Ways and Means --  reported  and
  referred to the Committee on Rules -- passed by Assembly and delivered
  to  the  Senate,  recalled  from  the  Senate, vote reconsidered, bill
  amended, ordered reprinted, retaining its place on the  special  order
  of third reading

AN ACT to amend the public health law, the tax law and the state finance
  law,  in  relation to providing for taxpayer gifts for women's cancers
  education and prevention and establishing the women's  cancers  educa-
  tion and prevention fund

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

  Section 1. Subdivision 1 of section 207 of the public  health  law  is
amended by adding a new paragraph (l) to read as follows:
  (L)  THE  DANGERS  OF  WOMEN'S  CANCERS, INCLUDING WAYS TO PREVENT AND
SEVERITY OF SUCH DISEASES.   FOR PURPOSES  OF  THIS  PARAGRAPH,  WOMEN'S
CANCERS  SHALL  MEAN  AND  INCLUDE:   CERVICAL, ENDOMETRIAL, GESTATIONAL
TROPHOBLASTIC TUMOR, OVARIAN, UTERINE SARCOMA, VAGINAL, AND VULVAR.
  S 2. The tax law is amended by adding a new section 209-I to  read  as
follows:
  S 209-I. GIFT FOR WOMEN'S CANCERS EDUCATION AND PREVENTION.  A TAXPAY-
ER  IN  ANY  TAXABLE  YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE
WOMEN'S CANCERS EDUCATION AND PREVENTION 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
CONTRIBUTION.  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ALL REVENUES
COLLECTED PURSUANT TO THIS SECTION SHALL  BE  CREDITED  TO  THE  WOMEN'S

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD04238-02-5

A. 382--A                           2

CANCERS  EDUCATION  AND PREVENTION FUND AND SHALL BE USED ONLY FOR THOSE
PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-LLLL OF  THE  STATE  FINANCE
LAW.
  S  3.  Part  2 of article 22 of the tax law is amended by adding a new
section 630-d to read as follows:
  S 630-D. GIFT FOR WOMEN'S CANCERS EDUCATION AND PREVENTION.  AN  INDI-
VIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO CONTRIBUTE TO THE WOMEN'S
CANCERS EDUCATION AND PREVENTION 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.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED PURSU-
ANT TO THIS SECTION SHALL BE CREDITED TO THE WOMEN'S  CANCERS  EDUCATION
AND  PREVENTION  FUND  AND  USED  ONLY  FOR THOSE PURPOSES ENUMERATED IN
SECTION NINETY-SEVEN-LLLL OF THE STATE FINANCE LAW.
  S 4. The state finance law is amended by adding a new section  97-llll
to read as follows:
  S 97-LLLL.  WOMEN'S CANCERS EDUCATION AND PREVENTION 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
"WOMEN'S CANCERS EDUCATION AND PREVENTION 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-I AND SECTION SIX HUNDRED THIRTY-D OF THE TAX LAW, AND ALL
OTHER MONEYS APPROPRIATED, CREDITED  OR  TRANSFERRED  THERETO  FROM  ANY
OTHER  FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION
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  WOMEN'S  CANCERS
EDUCATION  AND  PREVENTION  PROJECTS.  AS USED IN THIS SECTION, "WOMEN'S
CANCERS EDUCATION AND PREVENTION PROJECTS" MEANS  EDUCATIONAL  PROJECTS,
INCLUDING  GRANTS FOR WOMEN'S CANCERS EDUCATION AND PREVENTION PROGRAMS,
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 5. This act shall take effect immediately.