S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3453
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sens.  SERRANO,  BAILEY, DIAZ, DILAN, 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.
   §  2.  The tax law is amended by adding a new section 630-e to read as
 follows:
   § 630-E. GIFT TO THE ARTS FUND. EFFECTIVE FOR ANY TAX YEAR  COMMENCING
 ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, AN INDIVIDUAL MAY ELECT
 TO  CONTRIBUTE  TO THE ARTS FUND CREATED PURSUANT TO SECTION NINETY-SEV-
 EN-YYYY 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  INDIVIDUAL.
 THE  COMMISSIONER  SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN
 TO ENABLE A TAXPAYER TO  MAKE  SUCH  CONTRIBUTION.  NOTWITHSTANDING  ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08642-01-7

 S. 3453                             2
 
 OTHER  PROVISION  OF LAW, ALL REVENUE COLLECTED PURSUANT TO THIS SECTION
 SHALL BE CREDITED TO THE ARTS FUND ESTABLISHED BY SECTION  NINETY-SEVEN-
 YYYY  OF THE STATE FINANCE LAW AND USED ONLY FOR THE PURPOSES OF THE NEW
 YORK STATE COUNCIL ON THE ARTS.
   §  3. The state finance law is amended by adding a new section 97-yyyy
 to read as follows:
   § 97-YYYY. 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-E 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 MONEYS  COLLECTED
 AND  DEPOSITED INTO THE FUND PURSUANT TO SECTION SIX HUNDRED THIRTY-E 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-E OF THE TAX LAW SHALL BE CREDITED SOLELY TO
 THIS FUND.
   § 4. This act shall take effect immediately.