S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    601
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. GALLIVAN, HELMING -- read twice and ordered printed,
   and  when  printed  to be committed to the Committee on Investigations
   and Government Operations
 
 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 (jjj) to read as follows:
   (JJJ) 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02802-01-9

 S. 601                              2
 
 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, 2020.