Bill Text: NY A01656 | 2019-2020 | General Assembly | Amended


Bill Title: Creates the rescued animals spay and neuter fund; authorizes the department of taxation and finance to place a check-off box on income tax returns for taxpayers to contribute money to the fund.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-02-27 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A01656 Detail]

Download: New_York-2019-A01656-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         1656--A
                                                                 Cal. No. 81

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 16, 2019
                                       ___________

        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on  Ways  and Means -- ordered to a third reading, amended and ordered
          reprinted, retaining its place on the order of third reading

        AN ACT to amend the tax law and the state finance law,  in  relation  to
          the rescued animals spay and neuter fund

          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-n  to
     2  read as follows:
     3    §  209-n.  Gift  for rescued animals protection. Effective for any tax
     4  year commencing on or  after  January  first,  two  thousand  twenty,  a
     5  taxpayer  in  any  taxable  year  may elect to contribute to the rescued
     6  animals spay and neuter fund. Such contribution shall be  in  any  whole
     7  dollar  amount and shall not reduce the amount of state tax owed by such
     8  taxpayer. The commissioner shall include space on the  corporate  income
     9  tax  return  to  enable  a taxpayer to make such contribution.  Notwith-
    10  standing any other provision of law, all revenues collected pursuant  to
    11  this  section  shall  be credited to the rescued animals spay and neuter
    12  fund and shall be used only for those  purposes  enumerated  in  section
    13  ninety-five-j of the state finance law.
    14    §  2.  The tax law is amended by adding a new section 630-h to read as
    15  follows:
    16    § 630-h.  Gift for rescued animals protection. Effective for  any  tax
    17  year commencing on or after January first, two thousand twenty, an indi-
    18  vidual  in  any  taxable  year  may  elect  to contribute to the rescued
    19  animals spay and neuter fund. Such contribution shall be  in  any  whole
    20  dollar  amount and shall not reduce the amount of state tax owed by such
    21  individual. The commissioner shall include space on the personal  income
    22  tax  return to enable an individual to make such contribution.  Notwith-
    23  standing any other provision of law, all revenues collected pursuant  to
    24  this  section  shall  be credited to the rescued animals spay and neuter

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04453-02-0

        A. 1656--A                          2

     1  fund and shall be used only for those  purposes  enumerated  in  section
     2  ninety-five-j of the state finance law.
     3    §  3. The state finance law is amended by adding a new section 95-j to
     4  read as follows:
     5    § 95-j. Rescued animals spay and  neuter  fund.  1.  There  is  hereby
     6  established  in the joint custody of the commissioner of agriculture and
     7  markets and the comptroller a special fund to be known as  the  "rescued
     8  animals  spay  and  neuter  fund".   The commissioner of agriculture and
     9  markets shall promulgate any  rules  and  regulations  the  commissioner
    10  deems necessary to implement and regulate such fund.
    11    2. Such fund shall consist of:
    12    a.  all  revenues  received  by the department of taxation and finance
    13  pursuant to the provisions  of  sections  two  hundred  nine-n  and  six
    14  hundred thirty-h of the tax law;
    15    b. all revenues received pursuant to appropriation by the legislature;
    16  and
    17    c.  all  other  moneys  appropriated, credited, or transferred thereto
    18  from any other fund or source pursuant to law.
    19    The commissioner of taxation and finance shall report annually to  the
    20  state  comptroller  the  amounts  designated  for  the  fund pursuant to
    21  sections two hundred nine-n and six hundred thirty-h of the tax law, who
    22  shall transfer that amount  to  the  fund.  Nothing  contained  in  this
    23  section  shall  prevent  the  state  from  receiving  grants,  gifts, or
    24  bequests for the purposes of the fund as defined  in  this  section  and
    25  depositing them into the fund.
    26    3.  On or before the first day of February each year, the commissioner
    27  of agriculture and markets shall provide a written report to the  tempo-
    28  rary  president  of  the  senate,  speaker of the assembly, chair of the
    29  senate finance committee, chair of the assembly ways and  means  commit-
    30  tee,  chair  of  the senate agriculture committee, chair of the assembly
    31  agriculture committee, the state comptroller and the public. Such report
    32  shall include how the monies  of  the  fund  were  utilized  during  the
    33  preceding calendar year, and shall include:
    34    (a)  the amount of money dispersed from the fund and the award process
    35  used for such disbursements;
    36    (b) recipients of awards from the fund;
    37    (c) the amount awarded to each;
    38    (d) the purposes for which such awards were granted; and
    39    (e) a summary financial plan for such monies which shall include esti-
    40  mates of all receipts and all disbursements for the current and succeed-
    41  ing fiscal years, along with the actual results from  the  prior  fiscal
    42  year.
    43    4.  Moneys  of the fund shall be expended for the purposes of carrying
    44  out the provisions of section one hundred seventeen-a of the agriculture
    45  and markets law. Moneys shall be paid out of the fund on the  audit  and
    46  warrant of the state comptroller on vouchers approved by the commission-
    47  er  of agriculture and markets. Any interest received by the comptroller
    48  on moneys on deposit in the animal  population  control  fund  shall  be
    49  retained in and become part of such fund.
    50    § 4. This act shall take effect immediately.
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