Establishes an arts fund to receive contributions for the support of the New York state council on the arts through a personal income tax return check-off; provides that for tax years after January 1, 2012, any individual may elect to contribute to the arts fund by indicating such intent on a tax form.
TITLE OF BILL: 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
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to provide the New York State Council on the Arts with additional resources.
SUMMARY OF SPECIFIC PROVISIONS: The bill would allow taxpayers to make a gift to the New York State Council on the Arts through a "check-off" on their' New York State personal. income tax return. Gift,s would have to be made in whole dollar amounts and would not reduce the amount of tax owed by the donor. All gifts made by taxpayers would be deposited to a special arts fund in the joint custody of the State Comptroller and the Commissioner of Taxation and Finance. Amounts in the arts fund would be appropriated by the Legislature and paid out to the New York State council on the Arts for the support of the arts.
JUSTIFICATION: The bill could increase funding for the New York State council on the Arts without making additional demands upon State funds. 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. New York's taxpayers should have the opportunity to use the New York State personal income tax form as a mechanism for making voluntary contributions for the support of the New York State council on the Arts. This bill establishes such a check-off program. The amounts contributed would not reduce a donor-taxpayer's tax liability.
PRIOR LEGISLATIVE HISTORY: S.3441 of 2008/2009 2010: Passed in Assembly & Senate - Referred to Investigations & Government Operations
FISCAL IMPLICATIONS: Minor administrative costs relating to the administration of the arts fund.
EFFECTIVE DATE: This act would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 1913--A 2011-2012 Regular Sessions IN SENATE January 14, 2011 ___________Introduced by Sens. SERRANO, DIAZ, DILAN, HASSELL-THOMPSON, KRUEGER, OPPENHEIMER, SAVINO -- read twice and ordered printed, and when print- ed to be committed to the Committee on Investigations and Government 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 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 TWELVE, AN INDIVIDUAL MAY ELECT TO CONTRIBUTE TO THE ARTS FUND CREATED PURSUANT TO SECTION NINETY-SEV- EN-LLLL OF THE STATE FINANCE LAW FOR THE SUPPORT OF THE NEW YORK STATEEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00197-02-2 S. 1913--A 2
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 OTHER PROVISION OF LAW, ALL REVENUE COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE ARTS FUND ESTABLISHED BY SECTION NINETY-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.