Senate Bill S255A

2015-2016 Legislative Session

Establishes a gift for preserving religious landmarks on state income tax returns, and provides for grants to preserve certain inner-city houses of worship

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 05, 2016	reported and committed to finance
Jan 20, 2016	print number 255a
Jan 20, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 07, 2015	referred to investigations and government operations

Votes

- Apr 5, 2016 - Investigations And Government Operations Committee Vote
  S255A
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  4
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Investigations And Government Operations Committee Vote: Apr 5, 2016
      
      aye (4)
      
      Carlucci
      
      Diaz
      
      Lanza
      
      O'Mara
      
      aye wr (4)
      
      Golden
      
      Hoylman-Sigal
      
      Murphy
      
      Squadron
      
      excused (1)
      
      Nozzolio

Bill Amendments

Original

A (Active)

2015-S255 - Details

See Assembly Version of this Bill:: A6854
Current Committee:: Senate Finance
Law Section:: Tax Law
Laws Affected:: Add §629-b, Tax L; add §95-i, St Fin L; add §14.11, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3128
2011-2012: S63
2013-2014: S343, A8648
2017-2018: S4884

2015-S255 - Summary

Establishes a gift for preserving religious landmarks option on state income tax returns; establishes the "preserving religious landmarks fund" into which all revenue from such gifts shall be deposited; monies shall be used to provide annual grants to religious organizations which occupy and use a historic, inner-city house of worship, for the preservation of such houses of worship.

2015-S255 - Sponsor Memo

                                 BILL NUMBER:  S255

 TITLE OF BILL :  An act to amend the tax law, in relation to
establishing a gift for preserving religious landmarks on personal
income tax forms; to amend the state finance law, in relation to
establishing the preserving religious landmarks fund; and to amend the
parks, recreation and historic preservation law, in relation to
establishing a grant program to preserve inner-city houses of worship

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to create a tax check off option
for a gift to preserve religious landmark buildings and to establish a
grant program to help maintain these prominent fixtures in the
communities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Tax Law by adding a new section 629-a. Creates
the tax check off box to enable contributions to preserve religious
landmarks.

Section 2. Amends the state Finance Law by adding a new section 95-h.
Establishes the preserving religious landmarks fund in the joint
custody of the Commissioner of Taxation and Finance and the State
Comptroller.

Section 3. Amends the Parks, Recreation, and Historic Preservation Law
by adding a new section 14.11. Establishes the preservation of
religious landmarks grants.

Section 4. Effective Date.

 EXISTING LAW :

None

 JUSTIFICATION :

Thousands of historic urban houses of worship across the nation -
churches, synagogues, temples and mosques - are threatened by years of
deferred maintenance, financial disinvestment and, in rare instances,
soaring real estate values that make selling the property an
attractive proposition for shrinking congregations. Abandoning these
buildings would mean losing an irretrievable part of the nation's
cultural heritage that extends from before the Revolutionary War to
the modern Civil Rights Movement.

* The average inner-city congregation faces repairs in the range of $1
million to $2 million, an amount that greatly exceeds its fundraising
capacity;

* Fully 20% of all historic urban houses of worship in cities are
expected to suffer partial collapse or worse in the next five years;

* These historic sacred places are not sustainable without a major
infusion of capital.

These landmark religious houses of worship have established themselves
as prominent fixtures in our communities. These places do more than
protect historic past - they also provide critical community services
to a population that extends far beyond their Congregations. They
provide roof for valuable community services such as senior citizen
assistance programs, homeless assistance programs, English language
learners adult education, youth, teen activities and education.
Though there is a growing public understanding of the critical roles
that faith-based organizations play in the cultural and social fabric,
these groups will be unable to offer social services and safe havens
to people in the state's most impoverished neighborhoods if their
buildings collapse piece by piece or in wholesale demolitions.  Many
current grant programs do not allow religious landmarks to apply for
them. This bill would add an important program that would help to save
some decaying historical religious landmarks that lack funding from
other sources.

In addition, economic data from other states with similar tax benefits
for such programs indicate that such programs accomplish significant
economic development and historic preservation benefits
simultaneously. Rehabilitation spending will stimulate construction
activity and job creation and has been proven to outperform the
economic benefits of new construction in local and regional economies.
This bill will give residents of this state the voluntary ability to
support these religious landmarks that are so essential to their
communities.

 PRIOR LEGISLATIVE HISTORY :

2014: S.343A - Amend and Recommit to Investigations & Government
Operations/A.8648 Referred to Ways and Means
2013: S.343- Referred to Investigations & Government Operations
2012: S.63-A - Amend and recommit to Investigations and Government
Operations.
2011: S.63-Defeated in Investigations and Government Operations/A.4831
- Referred to Ways and Means
2009-10: S.3128A - Reported and Committed to Finance/A.5056A Reported
to Ways and Means
2007-08: S.760 - Referred to Investigations and Government
Operations/A.6742 - Referred to Ways and Means
2005-06: S.5372 - Referred to Investigations and Government
Operations/A.8240 - Referred to Ways and Means

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S255 - Bill Text download pdf

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

                                   255

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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, in relation  to  establishing  a  gift  for
  preserving  religious landmarks on personal income tax forms; to amend
  the state finance law, in  relation  to  establishing  the  preserving
  religious  landmarks  fund;  and  to  amend  the parks, recreation and
  historic preservation law, in relation to establishing a grant program
  to preserve inner-city houses of worship

  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 629-a to
read as follows:
  S 629-A. GIFT FOR PRESERVING RELIGIOUS LANDMARKS.  EFFECTIVE  FOR  ANY
TAX  YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, AN
INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE PRESERVING
RELIGIOUS LANDMARKS FUND. SUCH CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR
AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY  SUCH  INDI-
VIDUAL.  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  REVENUE COLLECTED PURSUANT TO THIS
SECTION SHALL BE CREDITED TO THE PRESERVING RELIGIOUS LANDMARKS FUND AND
USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-H OF  THE
STATE FINANCE LAW.
  S  2. The state finance law is amended by adding a new section 95-h to
read as follows:
  S 95-H. PRESERVING RELIGIOUS LANDMARKS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
AND THE STATE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "PRESERVING
RELIGIOUS LANDMARKS FUND".

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

                                                           LBD00371-01-5

S. 255                              2

  2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION SIX HUNDRED TWENTY-NINE-A  OF  THE  TAX  LAW,  ALL
REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGISLATURE, AND ALL
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR  SOURCE  PURSUANT TO LAW. NO MONEYS CREDITED TO SUCH FUND PURSUANT TO
SECTION SIX HUNDRED TWENTY-NINE-A OF THE TAX  LAW  SHALL  BE  DEEMED  TO
AUTHORIZE  THE  REDUCTION OF THE AMOUNT OF MONIES OTHERWISE APPROPRIATED
TO THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  3. THE MONIES OF THE FUND SHALL BE MADE AVAILABLE  TO  THE  OFFICE  OF
PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE PURPOSE OF PROVIDING
GRANTS  TO  RELIGIOUS  ORGANIZATIONS  FOR THE PRESERVATION OF INNER-CITY
HOUSES OF WORSHIP USED AND OCCUPIED BY SUCH  ORGANIZATIONS  PURSUANT  TO
SECTION 14.11 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
  4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE
COMMISSIONER  OF  PARKS,  RECREATION AND HISTORIC PRESERVATION, OR BY AN
OFFICER OR EMPLOYEE OF THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC
PRESERVATION DESIGNATED BY SUCH COMMISSIONER.
  S 3. The parks, recreation and historic preservation law is amended by
adding a new section 14.11 to read as follows:
  S  14.11  PRESERVATION OF RELIGIOUS LANDMARKS GRANTS. THE OFFICE SHALL
DEVELOP, ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES ANNUAL  GRANTS
TO  RELIGIOUS ORGANIZATIONS OCCUPYING AND UTILIZING HISTORIC, INNER-CITY
HOUSES OF WORSHIP, WHICH ARE NOT INCLUDED IN THE  NATIONAL  REGISTER  OR
STATE REGISTER OF HISTORIC PLACES. SUCH GRANTS SHALL BE USED TO RESTORE,
REHABILITATE  AND  PRESERVE SUCH HOUSES OF WORSHIP WHICH SERVE AS IMPOR-
TANT ICONS TO THE COMMUNITIES IN WHICH THEY ARE LOCATED.
  S 4. This act shall take effect immediately.

2015-S255A (ACTIVE) - Details

See Assembly Version of this Bill:: A6854
Current Committee:: Senate Finance
Law Section:: Tax Law
Laws Affected:: Add §629-b, Tax L; add §95-i, St Fin L; add §14.11, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3128
2011-2012: S63
2013-2014: S343, A8648
2017-2018: S4884

2015-S255A (ACTIVE) - Summary

2015-S255A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S255A

 TITLE OF BILL :

An act to amend the tax law, in relation to establishing a gift for
preserving religious landmarks on personal income tax forms; to amend
the state finance law, in relation to establishing the preserving
religious landmarks fund; and to amend the parks, recreation and
historic preservation law, in relation to establishing a grant program
to preserve inner-city houses of worship

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this legislation is to create a tax check off option
for a gift to preserve religious landmark buildings and to establish a
grant program to help maintain these prominent fixtures in the
communities.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the Tax Law by adding a new section 629-a. Creates
the tax check off box to enable contributions to preserve religious
landmarks.

Section 2. Amends the state Finance Law by adding a new section 95-h.
Establishes the preserving religious landmarks fund in the joint

custody of the Commissioner of Taxation and Finance and the State
Comptroller.

Section 3. Amends the Parks, Recreation, and Historic Preservation Law
by adding a new section 14.11. Establishes the preservation of
religious landmarks grants.

Section 4. Effective Date.

 EXISTING LAW :

None

 JUSTIFICATION :

Thousands of historic urban houses of worship across the nation
churches, synagogues, temples and mosques - are threatened by years of
deferred maintenance, financial disinvestment and, in rare instances,
soaring real estate values that make selling the property an
attractive proposition for shrinking congregations. Abandoning these
buildings would mean losing an irretrievable part of the nation's
cultural heritage that extends from before the Revolutionary War to
the modern Civil Rights Movement.

* The average inner-city congregation faces repairs in the range of $1
million to $2 million, an amount that greatly exceeds its fundraising
capacity;

* Fully 20% of all historic urban houses of worship in cities are
expected to suffer partial collapse or worse in the next five years;

* These historic sacred places are not sustainable without a major
infusion of capital.

These landmark religious houses of worship have established themselves
as prominent fixtures in our communities. These places do more than
protect historic past - they also provide critical community services
to a population that extends far beyond their Congregations. They
provide roof for valuable community services such as senior citizen
assistance programs, homeless assistance programs, English language
learners adult education, youth, teen activities and education.
Though there is a growing public understanding of the critical roles
that faith-based organizations play in the cultural and social fabric,
these groups will be unable to offer social services and safe havens
to people in the state's most impoverished neighborhoods if their
buildings collapse piece by piece or in wholesale demolitions. Many
current grant programs do not allow religious landmarks to apply for
them.  This bill would add an important program that would help to
save some decaying historical religious landmarks that lack funding
from other sources.

In addition, economic data from other states with similar tax benefits
for such programs indicate that such programs accomplish significant
economic development and historic preservation benefits
simultaneously. Rehabilitation spending will stimulate construction
activity and job creation and has been proven to outperform the
economic benefits of new construction in local and regional economies.
This bill will give residents of this state the voluntary ability to
support these religious landmarks that are so essential to their
communities.

 PRIOR LEGISLATIVE HISTORY :

2014: S.343A - Amend and Recommit to Investigations & Government
Operations/A.8648 Referred to Ways and Means
2013: S.343- Referred to Investigations & Government Operations
2012: S.63-A - Amend and recommit to Investigations and Government
Operations.
2011: S.63-Defeated in Investigations and Government Operations/A.4831
Referred to Ways and Means
2009-10: S.3128A - Reported and Committed to Finance/A.5056A Reported
to Ways and Means
2007-08: S.760 - Referred to Investigations and Government
Operations/A.6742 - Referred to Ways and Means
2005-06: S.5372 - Referred to Investigations and Government
Operations/A.8240 - Referred to Ways and Means

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2015-S255A (ACTIVE) - Bill Text download pdf

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

                                 255--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sen.  DIAZ  --  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, in relation to establishing a gift for
  preserving religious landmarks on personal income tax forms; to  amend
  the  state  finance  law,  in  relation to establishing the preserving
  religious landmarks fund; and  to  amend  the  parks,  recreation  and
  historic preservation law, in relation to establishing a grant program
  to preserve inner-city houses of worship

  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  629-b  to
read as follows:
  S  629-B.  GIFT  FOR PRESERVING RELIGIOUS LANDMARKS. EFFECTIVE FOR ANY
TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO  THOUSAND  SEVENTEEN,
AN  INDIVIDUAL  IN  ANY  TAXABLE  YEAR  MAY  ELECT  TO CONTRIBUTE TO THE
PRESERVING RELIGIOUS LANDMARKS FUND. SUCH CONTRIBUTION SHALL BE  IN  ANY
WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX OWED BY
SUCH  INDIVIDUAL.  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 REVENUE COLLECTED PURSU-
ANT  TO THIS SECTION SHALL BE CREDITED TO THE PRESERVING RELIGIOUS LAND-
MARKS FUND AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION  NINE-
TY-FIVE-I OF THE STATE FINANCE LAW.
  S  2. The state finance law is amended by adding a new section 95-i to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00371-02-6

S. 255--A                           2

  S 95-I. PRESERVING RELIGIOUS LANDMARKS FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND  FINANCE
AND THE STATE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "PRESERVING
RELIGIOUS LANDMARKS FUND".
  2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
PROVISIONS OF SECTION SIX HUNDRED TWENTY-NINE-B  OF  THE  TAX  LAW,  ALL
REVENUES RECEIVED PURSUANT TO APPROPRIATIONS BY THE LEGISLATURE, AND ALL
MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND
OR  SOURCE  PURSUANT TO LAW. NO MONEYS CREDITED TO SUCH FUND PURSUANT TO
SECTION SIX HUNDRED TWENTY-NINE-B OF THE TAX  LAW  SHALL  BE  DEEMED  TO
AUTHORIZE  THE  REDUCTION OF THE AMOUNT OF MONIES OTHERWISE APPROPRIATED
TO THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  3. THE MONIES OF THE FUND SHALL BE MADE AVAILABLE  TO  THE  OFFICE  OF
PARKS, RECREATION AND HISTORIC PRESERVATION FOR THE PURPOSE OF PROVIDING
GRANTS  TO  RELIGIOUS  ORGANIZATIONS  FOR THE PRESERVATION OF INNER-CITY
HOUSES OF WORSHIP USED AND OCCUPIED BY SUCH  ORGANIZATIONS  PURSUANT  TO
SECTION 14.11 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
  4.  THE  MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER  ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE
COMMISSIONER  OF  PARKS,  RECREATION AND HISTORIC PRESERVATION, OR BY AN
OFFICER OR EMPLOYEE OF THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC
PRESERVATION DESIGNATED BY SUCH COMMISSIONER.
  S 3. The parks, recreation and historic preservation law is amended by
adding a new section 14.11 to read as follows:
  S  14.11  PRESERVATION OF RELIGIOUS LANDMARKS GRANTS. THE OFFICE SHALL
DEVELOP, ESTABLISH AND IMPLEMENT A PROGRAM WHICH PROVIDES ANNUAL  GRANTS
TO  RELIGIOUS ORGANIZATIONS OCCUPYING AND UTILIZING HISTORIC, INNER-CITY
HOUSES OF WORSHIP, WHICH ARE NOT INCLUDED IN THE  NATIONAL  REGISTER  OR
STATE REGISTER OF HISTORIC PLACES. SUCH GRANTS SHALL BE USED TO RESTORE,
REHABILITATE  AND  PRESERVE SUCH HOUSES OF WORSHIP WHICH SERVE AS IMPOR-
TANT ICONS TO THE COMMUNITIES IN WHICH THEY ARE LOCATED.
  S 4. This act shall take effect immediately.

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Senate Bill S255A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Apr 5, 2016 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Apr 5, 2016

Bill Amendments

2015-S255 - Details

2015-S255 - Summary

2015-S255 - Sponsor Memo

2015-S255 - Bill Text download pdf

2015-S255A (ACTIVE) - Details

2015-S255A (ACTIVE) - Summary

2015-S255A (ACTIVE) - Sponsor Memo

2015-S255A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S255A

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Sponsored By

Ruben Diaz

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

2015-S255 - Details

2015-S255 - Summary

2015-S255 - Sponsor Memo

2015-S255 - Bill Text download pdf

2015-S255A (ACTIVE) - Details

2015-S255A (ACTIVE) - Summary

2015-S255A (ACTIVE) - Sponsor Memo

2015-S255A (ACTIVE) - Bill Text download pdf

Comments