Bill Text: NY S00188 | 2017-2018 | General Assembly | Amended
Bill Title: Provides for a tax check-off box on personal income tax and corporate franchise tax returns for gifts to the New York state horse retirement and rescue fund; and directs the commissioner of agriculture and markets to compile a list of approved horse retirement and rescue programs.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2018-03-06 - REPORTED AND COMMITTED TO FINANCE [S00188 Detail]
Download: New_York-2017-S00188-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 188--A 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. MARCHIONE, GALLIVAN, HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the tax law and the state finance law, in relation to providing a tax check-off box on personal income tax and corporate franchise tax returns for gifts to the New York state horse retirement and rescue fund; and directing the commissioner of agriculture and markets to compile a list of approved horse retirement and rescue programs The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new section 209-L to 2 read as follows: 3 § 209-L. Gift for the New York state horse retirement and rescue fund. 4 Effective for any tax year commencing on or after the effective date of 5 this section, a taxpayer in any taxable year may elect to contribute to 6 the support of the New York state horse retirement and rescue fund. Such 7 contribution shall be in any whole dollar amount and shall not reduce 8 the amount of the state tax owed by such taxpayer. The commissioner 9 shall include space on the corporate income tax return to enable a 10 taxpayer to make such contribution. Notwithstanding any other provision 11 of law, all revenues collected pursuant to this section shall be credit- 12 ed to the New York state horse retirement and rescue fund and shall be 13 used only for those purposes enumerated in section ninety-five-i of the 14 state finance law. 15 § 2. The tax law is amended by adding a new section 625-a to read as 16 follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03004-05-7S. 188--A 2 1 § 625-a. Gift for the New York state horse retirement and rescue fund. 2 Effective for any tax year commencing on or after the effective date of 3 this section, a taxpayer in any taxable year may elect to contribute to 4 the support of the New York state horse retirement and rescue fund. Such 5 contribution shall be in any whole dollar amount and shall not reduce 6 the amount of the state tax owed by such taxpayer. The commissioner 7 shall include space on the personal income tax return to enable a 8 taxpayer to make such contribution. Notwithstanding any other provision 9 of law, all revenues collected pursuant to this section shall be credit- 10 ed to the New York state horse retirement and rescue fund and shall be 11 used only for those purposes enumerated in section ninety-five-i of the 12 state finance law. 13 § 3. The state finance law is amended by adding a new section 95-i to 14 read as follows: 15 § 95-i. New York state horse retirement and rescue fund. 1. There is 16 hereby established in the sole custody of the commissioner of taxation 17 and finance a special fund to be known as the "New York state horse 18 retirement and rescue fund". Moneys in the fund shall be kept separate 19 from and not commingled with other funds held in the sole custody of the 20 commissioner of taxation and finance. 21 2. Such fund shall consist of all revenues received by the department 22 of taxation and finance pursuant to the provisions of sections two 23 hundred nine-L and six hundred twenty-five-a of the tax law and all 24 other moneys appropriated, credited, or transferred thereto from any 25 other fund or source pursuant to law. Nothing contained herein shall 26 prevent the state from receiving grants, gifts or bequests for the 27 purposes of the fund as defined in this section and depositing them into 28 the fund according to law. 29 2-a. On or before the first day of February each year, the commission- 30 er of agriculture and markets shall provide a written report to the 31 temporary president of the senate, speaker of the assembly, chair of the 32 senate finance committee, chair of the assembly ways and means commit- 33 tee, the state comptroller and the public. Such report shall include how 34 the monies of the fund were utilized during the preceding calendar year, 35 and shall include: 36 (i) the amount of money dispersed from the fund and the award process 37 used for such disbursements; 38 (ii) recipients of awards from the fund; 39 (iii) the amount awarded to each; 40 (iv) the purposes for which such awards were granted; and 41 (v) a summary financial plan for such monies which shall include esti- 42 mates of all receipts and all disbursements for the current and succeed- 43 ing fiscal years, along with the actual results from the prior fiscal 44 year. 45 3. The moneys in said account shall be retained by the fund and shall 46 be payable from the fund by the commissioner of taxation and finance on 47 vouchers certified or approved by the commissioner of agriculture and 48 markets or his or her designee and only for the purposes set forth in 49 this section. 50 4. The moneys in such fund shall be expended for the purpose of 51 supporting eligible horse retirement and rescue programs. Eligible horse 52 retirement and rescue programs are those approved by the commissioner of 53 agriculture and markets. 54 § 4. The commissioner of agriculture and markets shall compile a list 55 of approved horse retirement and rescue programs eligible to receive 56 funding from the New York state horse retirement and rescue fund. TheS. 188--A 3 1 eligibility of a rescue program shall be determined based upon the 2 economic sustainability of the rescue, the rescue's long term stability, 3 the rescue's demonstration of an ongoing commitment to the proper care 4 of horses, and such other factors as the commissioner shall deem appro- 5 priate after consultation with the farm bureau, horse breeder associ- 6 ations and societies for the prevention of cruelty to animals. All 7 approved rescues must be non-profit organizations which are tax-exempt 8 pursuant to the provisions of section 501(c)(3) of the Internal Revenue 9 Code. 10 § 5. This act shall take effect January 1, 2019 and shall apply to all 11 fiscal years commencing on and after that date.
