|SAME AS||SAME AS S06102|
|Amd §209, Tax L; add §99-hh, St Fin L|
|Requires a five percent tax on gross income upon every corporation which derives income from the data individuals of this state share with such corporations; establishes the New York data fund to distribute the earnings of the five percent to each taxpayer of the state.|
|01/21/2020||referred to ways and means|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9112 SPONSOR: Pheffer Amato
TITLE OF BILL: An act to amend the tax law, in relation to a tax on gross income upon every corporation which derives income from the data individuals of this state share with such corporations; and to amend the state finance law, in relation to establishing the New York data fund   PURPOSE OR GENERAL IDEA OF BILL: To create a New York data fund   SUMMARY OF PROVISIONS: Section 1. Section 209 of the tax law is amended by adding a new subdi- vision 13 to read as follows:13. A tax equal to five percent tax on the gross income is hereby imposed upon every corporation which derives income from the data individuals of this state share with such corpora- tions.Section 2: The state finance law is amended by adding a new section 99-ff to read as follows: 99-ff. Data fund. 1. A special fund to be known as the "New York data fund" is hereby established in the custo- dy of the state comptroller and the commissioner of taxation and finance. Section 3: Effective Date.   JUSTIFICATION: New York's consumers should also be able to share in the wealth that is created from their data. Every day that we live our lives data about us is being generated. Turn on your phone, check your email, watch TV, browse the web, drive through a toll or, talk to a friend on the phone. In all of these activities, data about our actions, behaviors, likes and dislikes, mood and feelings, purchases and choices are being recorded by a huge variety of organizations that never will inform you of the data they collect, sell and share.   PRIOR LEGISLATIVE HISTORY: New Legislation   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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STATE OF NEW YORK ________________________________________________________________________ 9112 IN ASSEMBLY January 21, 2020 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to a tax on gross income upon every corporation which derives income from the data individuals of this state share with such corporations; and to amend the state finance law, in relation to establishing the New York data fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 209 of the tax law is amended by adding a new 2 subdivision 13 to read as follows: 3 13. Notwithstanding any other provision of this chapter, or of any 4 other law, a tax equal to five percent tax on the gross income is hereby 5 imposed upon every corporation which derives income from the data indi- 6 viduals of this state share with such corporations. 7 § 2. The state finance law is amended by adding a new section 99-hh to 8 read as follows: 9 § 99-hh. Data fund. 1. A special fund to be known as the "New York 10 data fund" is hereby established in the custody of the state comptroller 11 and the commissioner of taxation and finance. 12 2. The fund shall consist of all monies transferred to such fund 13 pursuant to law, all monies required by any provision of law to be paid 14 into or credited to the fund, all moneys derived by subdivision thirteen 15 of section two hundred nine of the tax law and any interest earnings 16 which may accrue from the investment of monies in the fund. Such fund 17 shall be divided into an earnings reserve account and a dividend fund. 18 Nothing contained in this section shall prevent the state from receiving 19 grants, gifts or bequests for the purposes of the fund as defined in 20 this section and depositing them into the fund according to law. 21 3. For the purposes of this section: 22 (a) "Board" means the board of trustees of the New York data fund 23 board. 24 (b) "Fund" means the New York data fund. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09791-03-9A. 9112 2 1 4. There is established the New York data fund board. The purpose of 2 the board is to manage and invest the assets of the data fund and other 3 funds designated by law pursuant to this section. 4 5. (a) The board consists of six members appointed by the governor. 5 Two of the members shall be commissioners of departments of state 6 government, one of whom shall be the commissioner of taxation and 7 finance. The remaining four members shall be appointed as follows: one 8 by the temporary president of the senate; one by the minority leader of 9 the senate; one by the speaker of the assembly; and one by the minority 10 leader of the assembly. Such members may not hold any other state or 11 federal office, position or employment, either elective or appointive, 12 except as a member of the armed forces of either the United States or of 13 this state. 14 (b) The four public members of the board must have recognized compe- 15 tence and wide experience in finance, investments, or other business 16 management-related fields. 17 (c) The board shall annually elect a chairman from among its members. 18 (d) The public members of the board shall be appointed for terms of 19 four years, and they may be reappointed. The terms of the public members 20 shall be staggered so that no more than one term of a public member 21 expires each year. 22 (i) A vacancy on the board shall be promptly filled by appointment by 23 the governor, subject to approval by the senate. An appointee to a 24 vacancy shall hold office for the balance of the term for which the 25 appointee's predecessor on the board was appointed. 26 (ii) A vacancy on the board does not impair the authority of a quorum 27 of the board to exercise all the powers and perform all the duties of 28 the board. 29 (e) Four members of the board constitute a quorum for the transaction 30 of business and the exercise of the powers and duties of the board. 31 Action may be taken only upon affirmative vote of a majority of the full 32 membership of the board. 33 (f) Public members of the board receive an honorarium of four hundred 34 dollars for each day spent at a meeting of the board or at a meeting of 35 a subcommittee of the board or at a public meeting as a representative 36 of the board. Members of the board are entitled to per diem and travel 37 allowances as provided by law for members of state boards and commis- 38 sions. 39 (g) If a member of the board or an employee of the corporation 40 acquires, owns, or controls an interest, direct or indirect, in an enti- 41 ty or project in which fund assets are invested, the member shall imme- 42 diately disclose the interest to the board. The disclosure is a matter 43 of public record and shall be included in the minutes of the board meet- 44 ing next following the disclosure. 45 (h) On or before the first of January each year, the commissioner of 46 taxation and finance shall provide a written report to the temporary 47 president of the senate, speaker of the assembly, chair of the senate 48 finance committee, chair of the assembly ways and means committee, chair 49 of the senate committee on codes, chair of the assembly codes committee, 50 the state comptroller and the public. Such report shall include how the 51 monies of the fund were utilized during the preceding calendar year, and 52 shall include, but not be limited to: 53 (i) the amount of money dispersed from the fund and the award process 54 used for such disbursements; and 55 (ii) the amount awarded to each taxpayer.A. 9112 3 1 6. (a) The board shall adopt rules and regulations specifically desig- 2 nating the types of income-producing investments eligible for investment 3 of fund assets. When adopting rules and regulations authorized by this 4 section or managing and investing fund assets, the prudent-investor rule 5 shall be applied by the board. The prudent-investor rule as applied to 6 investment activity of the fund means that the board shall exercise the 7 judgment and care under the circumstances then prevailing that an insti- 8 tutional investor of ordinary prudence, discretion, and intelligence 9 exercises in the designation and management of large investments 10 entrusted to it, not in regard to speculation, but in regard to the 11 permanent disposition of funds, considering preservation of the purchas- 12 ing power of the fund over time while maximizing the expected total 13 return from both income and the appreciation of capital. 14 (b) The board may not borrow money or guarantee from principal of the 15 fund the obligations of others, except as provided in this subdivision. 16 With respect to investments of the fund, the board may, either directly 17 or through an entity in which the investment is made, borrow money if 18 the borrowing is nonrecourse to the board and the fund. 19 (c) The board shall maintain a reasonable diversification among 20 investments unless, under the circumstances, it is clearly prudent not 21 to do so. The board shall invest the assets of the fund in in-state 22 investments to the extent that in-state investments are available and if 23 the in-state investments: 24 (i) have a risk level and expected return comparable to alternate 25 investment opportunities; and 26 (ii) are eligible for investment of fund assets. 27 (d) The board may enter into and enforce all contracts necessary, 28 convenient, or desirable for managing the fund's assets and corporate 29 operations, including contracts for future delivery to implement asset 30 allocation strategies or to hedge an existing equivalent ownership posi- 31 tion in an investment. 32 7. Net income of the fund includes income of this fund. Net income of 33 the fund shall be computed annually as of the last day of the fiscal 34 year in accordance with generally accepted accounting principles, 35 excluding any unrealized gains or losses. Income available for distrib- 36 ution equals twenty-one percent of the net income of the fund for the 37 last five fiscal years, including the fiscal year just ended, but may 38 not exceed net income of the fund for the fiscal year just ended plus 39 the balance in this fund. 40 8. (a) The earnings reserve account is established as a separate 41 account in the fund. Income from the fund shall be deposited by the 42 board into the account as soon as it is received. Money in the account 43 shall be invested in investments authorized under subdivision six of 44 this section. 45 (b) At the end of each fiscal year, the board shall transfer from the 46 earnings reserve account to the dividend fund established under this 47 section, fifty percent of the income available for distribution. 48 (c) After the transfer under paragraph (b) of this subdivision, the 49 board shall transfer from the earnings reserve account to the principal 50 of the fund an amount sufficient to offset the effect of inflation on 51 principal of the fund during that fiscal year. The board shall calculate 52 the amount to transfer to the principal under this subdivision by: 53 (i) computing the average of the monthly United States Consumer Price 54 Index for all urban consumers for each of the two previous calendar 55 years;A. 9112 4 1 (ii) computing the percentage change between the first and second 2 calendar year average; and 3 (iii) applying that rate to the value of the principal of the fund on 4 the last day of the fiscal year just ended. 5 9. The board shall determine and distribute such amounts to each 6 taxpayer of the state. 7 10. The resources of the board or the fund may not be used to finance 8 or influence political activities. 9 11. Monies of the fund, when allocated, shall be available to the 10 department of taxation and finance for distribution to taxpayers of the 11 state. 12 12. Monies shall be payable from the fund on the audit and warrant of 13 the comptroller on vouchers approved and certified by board, in conjunc- 14 tion with the commissioner of taxation and finance. 15 § 3. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. Effective immediately, the addition, amend- 17 ment and/or repeal of any rule or regulation necessary for the implemen- 18 tation of this act on its effective date are authorized to be made and 19 completed on or before such effective date.