S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6512--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment 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
   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-L  to
 read as follows:
   §  209-L.  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-I OF THE STATE FINANCE LAW.
   § 2. The tax law is amended by adding a new section 630-f to  read  as
 follows:
   §  630-F.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03740-06-8

 S. 6512--A                          2
 
 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
 THIS  SECTION  SHALL  BE CREDITED TO THE DIABETES RESEARCH AND EDUCATION
 FUND  AND  USED  ONLY  FOR  THOSE   PURPOSES   ENUMERATED   IN   SECTION
 EIGHTY-NINE-I OF THE STATE FINANCE LAW.
   §  3. The state finance law is amended by adding a new section 89-i to
 read as follows:
   § 89-I. 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-L AND SECTION SIX HUNDRED THIRTY-F OF THE TAX LAW  AND  ALL
 OTHER  MONEYS  APPROPRIATED,  CREDITED  OR  TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING  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 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.
   6.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAK-
 ER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE AND  CHAIR  OF
 THE  ASSEMBLY WAYS AND MEANS COMMITTEE, THE AMOUNT OF MONEY DEPOSITED IN
 THE DIABETES RESEARCH AND EDUCATION FUND DURING THE  PRECEDING  CALENDAR
 YEAR  AS  THE RESULT OF REVENUE DERIVED PURSUANT TO SECTIONS TWO HUNDRED
 NINE-L AND SIX HUNDRED THIRTY-F OF THE TAX LAW.
   7. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE  COMMISSIONER
 OF  HEALTH  SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF
 THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMIT-
 TEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE
 COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY  HEALTH  COMMITTEE,  AND  THE
 PUBLIC.    SUCH  REPORT  SHALL  INCLUDE  HOW THE MONIES OF THE FUND WERE
 UTILIZED DURING THE PRECEDING CALENDAR YEAR AND SHALL INCLUDE:
   (I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND;
   (II) RECIPIENTS OF AWARDS FROM THE FUND;
   (III) THE AMOUNT AWARDED TO EACH; AND
   (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED.
   § 4. This act shall take effect immediately.