S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  497--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by M. of A. WOERNER, RIVERA, THIELE, SCHIMMINGER, GARBARINO,
   FRIEND, CROUCH, RAIA, ARROYO, SKOUFIS, BARRETT, RA, DiPIETRO, PALUMBO,
   PALMESANO, HAWLEY -- Multi-Sponsored by -- M. of A. BLAKE, COOK, McDO-
   NOUGH, SIMON -- read once and referred to the Committee  on  Ways  and
   Means  -- recommitted to the Committee on Ways and Means in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the tax law, in relation to establishing the venison
   donation tax credit
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  606  of  the  tax law is amended by adding a new
 subsection (ccc) to read as follows:
   (CCC) VENISON DONATION TAX CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER
 WHO PROVIDES DEER TO A NONPROFIT ORGANIZATION FOR THE PURPOSES OF  VENI-
 SON  DONATION  SHALL  BE ALLOWED A CREDIT, TO BE COMPUTED AS PROVIDED IN
 PARAGRAPH TWO OF THIS SUBSECTION, AGAINST THE TAX IMPOSED BY THIS  ARTI-
 CLE. TO QUALIFY FOR THE CREDIT PROVIDED IN THIS SECTION, A TAXPAYER MUST
 DONATE  A  DEER  TO  A  NONPROFIT ORGANIZATION IN ITS ENTIRETY PROVIDED,
 HOWEVER, THAT SUCH TAXPAYER MAY RETAIN THE HEAD,  NECK,  ANTLERS,  HIDES
 AND/OR HOOVES OF SUCH DEER.
   (2)  AMOUNT  OF CREDIT. THE AMOUNT OF CREDIT SHALL EQUAL THE NUMBER OF
 ADULT DEER DONATED, MULTIPLIED BY THE WEIGHT OF SUCH DEER WHICH  IN  ALL
 CASES  SHALL  BE  DEEMED  FORTY-FIVE  POUNDS,  MULTIPLIED FURTHER BY THE
 DONATED VENISON PRICE.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION
 SHALL  ANNUALLY  DETERMINE  THE  DONATED  VENISON PRICE ON OR BEFORE THE
 FIRST DAY OF AUGUST. THE DONATED VENISON PRICE  SHALL  BE  WITHIN  FIFTY
 PERCENT  OF  THE  TOTAL DETERMINED BY SUBTRACTING THE AVERAGE PROCESSING
 COST PER POUND CHARGED BY MEAT PROCESSING  FACILITIES  FROM  THE  MARKET
 PRICE  FOR  GROUND  BEEF  PROVIDED,  HOWEVER,  THAT IN NO CASE SHALL THE
 DONATED VENISON PRICE BE LESS THAN ONE DOLLAR AND FIFTY CENTS PER POUND.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00233-03-8

 A. 497--A                           2
 
   (3) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT  ALLOWED  UNDER
 THIS SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR
 SUCH  YEAR,  THE  EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE
 CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS  OF  SECTION  SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST
 SHALL BE PAID THEREON.
   § 2. Paragraph (a) of subdivision 1 of section 210 of the tax  law  is
 amended by adding a new subparagraph (x) to read as follows:
   (X)  IN COMPUTING THE BUSINESS INCOME BASE, A TAXPAYER WHICH IS A MEAT
 PROCESSING FACILITY SHALL BE ALLOWED A DEDUCTION EQUAL TO THE AMOUNT  OF
 ANY  INCOME RECEIVED FROM A NONPROFIT ORGANIZATION IN EXCHANGE FOR PROC-
 ESSING VENISON.
   § 3. Subsection (c) of section 612 of the tax law is amended by adding
 a new paragraph 44 to read as follows:
   (44) THE AMOUNT OF ANY INCOME RECEIVED FROM A  NONPROFIT  ORGANIZATION
 IN EXCHANGE FOR PROCESSING VENISON.
   §  4.  This  act  shall take effect immediately and shall apply to all
 taxable years beginning on and after January 1, 2019.