Bill Text: NY A07752 | 2013-2014 | 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: Slight Partisan Bill (Democrat 11-5)
Status: (Engrossed - Dead) 2014-03-25 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A07752 Detail]
Download: New_York-2013-A07752-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7752--A
Cal. No. 380
2013-2014 Regular Sessions
I N A S S E M B L Y
June 3, 2013
___________
Introduced by M. of A. GLICK, TEDISCO, GUNTHER, ROBERTS, SOLAGES, FINCH,
MILLMAN, ROSENTHAL, SKOUFIS -- Multi-Sponsored by -- M. of A. COOK,
DAVILA, DiPIETRO, GARBARINO, McDONOUGH, PERRY, SWEENEY -- read once
and referred to the Committee on Ways and Means -- advanced 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
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-I to
2 read as follows:
3 S 209-I. 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-H OF THE
14 STATE FINANCE LAW.
15 S 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.
LBD10896-04-4
A. 7752--A 2
1 S 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-H OF THE
12 STATE FINANCE LAW.
13 S 3. The state finance law is amended by adding a new section 95-h to
14 read as follows:
15 S 95-H. 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". MONIES 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-I AND SIX HUNDRED TWENTY-FIVE-A OF THE TAX LAW AND ALL
24 OTHER MONEY 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 3. THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND SHALL
30 BE PAYABLE FROM THE FUND BY THE COMMISSIONER OF TAXATION AND FINANCE ON
31 VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE AND
32 MARKETS OR HIS OR HER DESIGNEE AND ONLY FOR THE PURPOSES SET FORTH IN
33 THIS SECTION.
34 4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE PURPOSE OF
35 SUPPORTING ELIGIBLE HORSE RETIREMENT AND RESCUE PROGRAMS. ELIGIBLE HORSE
36 RETIREMENT AND RESCUE PROGRAMS ARE THOSE APPROVED BY THE COMMISSIONER OF
37 AGRICULTURE AND MARKETS.
38 S 4. The commissioner of agriculture and markets shall compile a list
39 of approved horse retirement and rescue programs eligible to receive
40 funding from the New York state horse retirement and rescue fund. The
41 eligibility of a rescue program shall be determined based upon the
42 economic sustainability of the rescue, the rescue's long term stability,
43 the rescue's demonstration of an ongoing commitment to the proper care
44 of horses, and such other factors as the commissioner shall deem appro-
45 priate after consultation with the farm bureau, horse breeder associ-
46 ations and societies for the prevention of cruelty to animals. All
47 approved rescues must be non-profit organizations which are tax-exempt
48 pursuant to the provisions of section 501(c)(3) of the Internal Revenue
49 Code.
50 S 5. This act shall take effect January 1, 2015 and shall apply to all
51 fiscal years commencing on and after that date.
