Tax Check-off Box for Gifts to the NYS Horse Retirement and Rescue Fund

S00188 Provides for a tax check-off box on tax returns for gifts to the New York state horse retirement and rescue fund; and directs the commissioner of agriculture to compile a list of approved rescue programs

Introduced by:
Senator Kathleen Marchione
ALBANY OFFICE
Room 918, LOB
Albany , NY 12247
Phone: 518 455-2381
Fax: 518 426-6985
marchione@nysenate.gov

 

BILL NO S00188
01/04/2017 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
Committee Chair: Anthony Lanza
ALBANY OFFICE
188 State Street Room 708, Legislative Office Building
Albany , NY 12247
Phone: (518) 455-3215
Fax: (518) 426-6852
lanza@nysenate.gov

S00188 Text:

STATE OF NEW YORK
 188
 2017-2018 Regular Sessions
IN SENATE
(Prefiled) January 4, 2017
                                       ___________
 
        Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations
 
        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 Assembly, do enact as follows:
 
     1    Section 1. The tax law is amended by adding a  new  section  209-K  to
     2  read as follows:
     3    § 209-K. 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:
    17    § 625-a. Gift for the New York state horse retirement and rescue fund.
    18  Effective for any tax year commencing on or after the effective date  of
    19  this  section, a taxpayer in any taxable year may elect to contribute to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03004-01-7
        S. 188                              2
 
     1  the support of the New York state horse retirement and rescue fund. Such
     2  contribution shall be in any whole dollar amount and  shall  not  reduce
     3  the  amount  of  the  state  tax owed by such taxpayer. The commissioner
     4  shall  include  space  on  the  personal  income  tax return to enable a
     5  taxpayer to make such contribution. Notwithstanding any other  provision
     6  of law, all revenues collected pursuant to this section shall be credit-
     7  ed  to  the New York state horse retirement and rescue fund and shall be
     8  used only for those purposes enumerated in section ninety-five-i of  the
     9  state finance law.
    10    §  3. The state finance law is amended by adding a new section 95-i to
    11  read as follows:
    12    § 95-i. New York state horse retirement and rescue fund. 1.  There  is
    13  hereby  established  in the sole custody of the commissioner of taxation
    14  and finance a special fund to be known as  the  "New  York  state  horse
    15  retirement  and  rescue fund". Moneys in the fund shall be kept separate
    16  from and not commingled with other funds held in the sole custody of the
    17  commissioner of taxation and finance.
    18    2. Such fund shall consist of all revenues received by the  department
    19  of  taxation  and  finance  pursuant  to  the provisions of sections two
    20  hundred nine-K and six hundred twenty-five-a of  the  tax  law  and  all
    21  other  moneys  appropriated,  credited,  or transferred thereto from any
    22  other fund or source pursuant to law.   Nothing contained  herein  shall
    23  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    24  purposes of the fund as defined in this section and depositing them into
    25  the fund according to law.
    26    3. The moneys in said account shall be retained by the fund and  shall
    27  be  payable from the fund by the commissioner of taxation and finance on
    28  vouchers certified or approved by the commissioner  of  agriculture  and
    29  markets  or  his  or her designee and only for the purposes set forth in
    30  this section.
    31    4. The moneys in such fund  shall  be  expended  for  the  purpose  of
    32  supporting eligible horse retirement and rescue programs. Eligible horse
    33  retirement and rescue programs are those approved by the commissioner of
    34  agriculture and markets.
    35    §  4. The commissioner of agriculture and markets shall compile a list
    36  of approved horse retirement and rescue  programs  eligible  to  receive
    37  funding  from  the  New York state horse retirement and rescue fund. The
    38  eligibility of a rescue program  shall  be  determined  based  upon  the
    39  economic sustainability of the rescue, the rescue's long term stability,
    40  the  rescue's  demonstration of an ongoing commitment to the proper care
    41  of horses, and such other factors as the commissioner shall deem  appro-
    42  priate  after  consultation  with the farm bureau, horse breeder associ-
    43  ations and societies for the  prevention  of  cruelty  to  animals.  All
    44  approved  rescues  must be non-profit organizations which are tax-exempt
    45  pursuant to the provisions of section 501(c)(3) of the Internal  Revenue
    46  Code.
    47    § 5. This act shall take effect January 1, 2019 and shall apply to all
    48  fiscal years commencing on and after that date.