senate Bill S5430A

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

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

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

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A7752A
Versions:
S5430
S5430A
Legislative Cycle:
2013-2014
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Add §§209-I & 625-a, Tax L; add §95-h, St Fin L

Sponsor 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

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5430--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10896-03-4

S. 5430--A                          2

  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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