Bill S5430A-2013

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

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.

Details

Actions

  • Mar 13, 2014: PRINT NUMBER 5430A
  • Mar 13, 2014: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • May 16, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S5430A

TITLE OF BILL: 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

PURPOSE: An Act to amend the Tax Law and the State Finance Law, to provide 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.

SUMMARY OF PROVISIONS:

Section 1 amends the Tax Law by adding a new section 209-I. It provides that a taxpayer may elect to contribute any whole dollar amount to the New York State Horse Retirement and Rescue Fund. The Commissioner is directed to include space in the corporate income tax return for such contribution which shall not reduce the amount of state tax owed by the taxpayer.

Section 2 amends the Tax Law by adding a new section 625-a. It provides that a taxpayer may elect to contribute any whole dollar amount to the New York State Horse Retirement and Rescue Fund. The Commissioner is directed to include space on the personal income tax return for such contribution which shall not reduce the amount of state tax owed by the taxpayer.

Section 3 amends the State Finance Law by adding a new section 95-h which establishes the New York State Horse Retirement and Rescue Fund. The Commissioner of Taxation and Finance is given sole custody of the fund which shall be kept separate from other funds. Monies designated to the Fund from personal and corporate franchise tax returns are directed to the Fund as are other grants, gifts or bequests to the Fund. The Commissioner of Taxation and Finance is directed to make monies from the fund payable on vouchers certified by the Commissioner of Agriculture and Markets and shall be expended for the purpose of supporting eligible horse retirement and rescue programs.

Section 4 directs the Commissioner of Agriculture and Markets to compile a list of approved horse retirement and rescue programs eligible to receive funding from the New York State Horse Retirement and Rescue Program.

Section 5 provides that this Act shall take effect January 1, 2015.

EXISTING LAW: Currently there are various voluntary contributions by means of a check-off on individual and corporate franchise tax returns. There is no tax check-off for horse retirement and rescue.

JUSTIFICATION: Given the important role that horses have played for New York State, these noble animals deserve the opportunity to be protected from barbaric slaughter and be afforded the dignity of

living out their remaining years at an approved horse rescue or retirement facility that offers a safe, supportive and nurturing environment for horses, and also provides rescue, rehabilitation and retraining services. A not-for-profit rescue that rehabilitates and rehomes an average of 30 horses per year has an expenditure of approximately $43,000 per year. The expenses are transportation, hay, feed, equipment, medical expenses, maintenance, equine supplies, equine purchase, promotion and licensing fees. Revenues raised to run a rescue typically come from adoptions, charity fundraising events, equipment sales and donations. A tax check-off on individual and corporate franchise returns would bring the much needed awareness and more importantly, donations to horse retirement and rescue programs for the equines that have served New Yorkers well.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE: January 1, 2015


Text

STATE OF NEW YORK ________________________________________________________________________ 5430--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________
Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. The tax law is amended by adding a new section 209-I to read as follows: S 209-I. GIFT FOR THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE CORPORATE INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDIT- ED TO THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW. S 2. The tax law is amended by adding a new section 625-a to read as follows:
S 625-A. GIFT FOR THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE SUPPORT OF THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF THE STATE TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER SHALL INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDIT- ED TO THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND AND SHALL BE USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-H OF THE STATE FINANCE LAW. S 3. The state finance law is amended by adding a new section 95-h to read as follows: S 95-H. NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE SOLE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND". MONIES IN THE FUND SHALL BE KEPT SEPARATE FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE SOLE CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE. 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO THE PROVISIONS OF SECTIONS TWO HUNDRED NINE-I AND SIX HUNDRED TWENTY-FIVE-A OF THE TAX LAW AND ALL OTHER MONEY APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. 3. THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND SHALL BE PAYABLE FROM THE FUND BY THE COMMISSIONER OF TAXATION AND FINANCE ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS OR HIS OR HER DESIGNEE AND ONLY FOR THE PURPOSES SET FORTH IN THIS SECTION. 4. THE MONEYS IN SUCH FUND SHALL BE EXPENDED FOR THE PURPOSE OF SUPPORTING ELIGIBLE HORSE RETIREMENT AND RESCUE PROGRAMS. ELIGIBLE HORSE RETIREMENT AND RESCUE PROGRAMS ARE THOSE APPROVED BY THE COMMISSIONER OF AGRICULTURE AND MARKETS. S 4. The commissioner of agriculture and markets shall compile a list of approved horse retirement and rescue programs eligible to receive funding from the New York state horse retirement and rescue fund. The eligibility of a rescue program shall be determined based upon the economic sustainability of the rescue, the rescue's long term stability, the rescue's demonstration of an ongoing commitment to the proper care of horses, and such other factors as the commissioner shall deem appro- priate after consultation with the farm bureau, horse breeder associ- ations and societies for the prevention of cruelty to animals. All approved rescues must be non-profit organizations which are tax-exempt pursuant to the provisions of section 501(c)(3) of the Internal Revenue Code. S 5. This act shall take effect January 1, 2015 and shall apply to all fiscal years commencing on and after that date.

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