A03648 Summary:

BILL NOA03648
 
SAME ASSAME AS S00667
 
SPONSORDelMonte
 
COSPNSR
 
MLTSPNSR
 
Amd S16, Ag & Mkts L; add S220-b, County L; amd S1405, Ins L; amd S1503, Tax L
 
Provides a tax incentive to domestic life insurance companies to invest up to 1% of admitted assets in the purchase of agricultural land to be kept in agricultural production for the cultivation of fruit or the processing of fruit products, which land is subject to a conservation easement and receives or is eligible to receive an agricultural assessment; enacts related provision relating to conservation easements.
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A03648 Actions:

BILL NOA03648
 
01/27/2009referred to agriculture
01/06/2010referred to agriculture
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A03648 Floor Votes:

There are no votes for this bill in this legislative session.
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A03648 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3648
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2009
                                       ___________
 
        Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
          tee on Agriculture
 
        AN  ACT  to  amend  the agriculture and markets law, the county law, the
          insurance law and the tax law, in relation to providing  an  incentive
          to  domestic  life  insurance  companies  to invest in the purchase of

          agricultural land to be kept in agricultural production
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 16 of the agriculture and markets law is amended by
     2  adding a new subdivision 44 to read as follows:
     3    44. In consultation with the commissioner of taxation and finance, for
     4  the purposes of the administration of paragraph seventeen of subdivision
     5  (b)  of  section  fifteen hundred three of the tax law, the commissioner
     6  shall promulgate regulations defining "fruit" and "fruit products".
     7    § 2. The county law is amended by adding a new section 220-b  to  read
     8  as follows:
     9    §  220-b.  Conservation easements in connection with certain land used

    10  in the agricultural production of fruit and fruit products. 1.  Notwith-
    11  standing the provisions of subdivision (b) of section two of this  chap-
    12  ter,  the  board  of  supervisors  or county legislature of every county
    13  shall, upon application for a  conservation  easement  filed  with  such
    14  county,  for property within such county, not more than six months prior
    15  to the close of the taxable year or the year next succeeding such  year,
    16  for  which  a deduction is or will be sought to be claimed by a taxpayer
    17  pursuant to paragraph seventeen of subdivision (b)  of  section  fifteen
    18  hundred  three  of  the  tax  law,  accept such application and offer to
    19  permit a not-for-profit conservation organization or public body  within

    20  such  county,  within  whose  territory the subject property is located,
    21  other than the state, to accept or undertake to  accept  a  conservation
    22  easement in connection with the administration of paragraph seventeen of
    23  subdivision  (b)  of  section  fifteen  hundred  three  of  the tax law,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05417-01-9

        A. 3648                             2
 
     1  pertaining to fruit and fruit products produced or processed on land  in
     2  agricultural production and receiving or eligible to receive an agricul-
     3  tural assessment.

     4    2.  In  the  event  that an application for a conservation easement is
     5  submitted to a county less than six months prior to the  close  of  such
     6  taxpayer's  taxable  year, the six-month period provided for in subdivi-
     7  sion one of this section for  the  county  to  secure  a  not-for-profit
     8  conservation  organization  or  public  body  within such county, within
     9  whose territory the subject property is located, other than  the  state,
    10  to  take  and accept such conservation easement or for the county itself
    11  to do so, shall apply and run from the date of the filing of such appli-
    12  cation, and the conservation easement, if taken and accepted within such
    13  latter six-month period, shall be deemed to meet the requirement for tax

    14  deductibility pursuant to said provisions  of  section  fifteen  hundred
    15  three  of  the tax law with respect to the timeliness of the application
    16  for and taking and accepting of such conservation easement.
    17    3. For the purposes of this section, the term "conservation  easement"
    18  has the meaning thereof within the contemplation of title three of arti-
    19  cle forty-nine of the environmental conservation law.
    20    §  3.  Paragraph  3 of subsection (a) of section 1405 of the insurance
    21  law is amended to read as follows:
    22    (3) Obligations secured by real property  or  interests  therein.  (A)
    23  Obligations, or participations therein, secured by liens on real proper-
    24  ty  or interests therein located within the United States and not eligi-

    25  ble under paragraph one or two of  this  subsection,  provided  that  no
    26  insurer  making  investments  under  the authority of this section shall
    27  invest in or loan upon the security  of  any  one  property,  under  the
    28  authority  of  this  paragraph, more than thirty thousand dollars or two
    29  percent of admitted assets, whichever is the greater.
    30    (B) Notwithstanding any provision of subparagraph (A)  of  this  para-
    31  graph  to  the  contrary,  a  domestic life insurer may invest up to one
    32  percent of its admitted assets in obligations subject to the  provisions
    33  of  paragraph  seventeen  of  subdivision (b) of section fifteen hundred
    34  three of the tax law.
    35    § 4. Subdivision (b) of section 1503 of the  tax  law  is  amended  by
    36  adding a new paragraph 17 to read as follows:

    37    (17) Entire net income shall not include:
    38    (A)  thirty  percent  of interest received by a taxpayer as payment to
    39  the taxpayer on account of indebtedness incurred to the taxpayer for the
    40  purchase of, and by a person who has purchased:
    41    (i) for not more than fifty acres of one or more contiguous parcels of
    42  land, which land is used in agricultural production or has been in agri-
    43  cultural production within the past five years in the taxpayer's taxable
    44  year of the incurrence of such indebtedness or the year next  succeeding
    45  such year.  In the event such interest paid is for more than fifty acres
    46  of land, the provisions of this paragraph shall apply only to that ratio
    47  of the interest paid which is equal to the ratio between fifty acres and

    48  the total area of land upon which the interest is paid;
    49    (ii)  which land has or is eligible to have an agricultural assessment
    50  in the taxpayer's taxable year of the incurrence of such indebtedness or
    51  the year next succeeding such year;
    52    (iii) which land is used or has been used in the past five  years  for
    53  the  cultivation  of  fruit  or fruit products in the taxpayer's taxable
    54  year of the incurrence of such indebtedness or the year next  succeeding
    55  such year; and

        A. 3648                             3
 
     1    (iv)  which land is subject to a conservation easement that limits the
     2  use of such land to agricultural production, which conservation easement

     3  is in compliance with title three of article forty-nine of the  environ-
     4  mental  conservation  law and section two hundred twenty-b of the county
     5  law  in  the  taxpayer's  taxable year of the incurrence of such indebt-
     6  edness or the year next succeeding such year.
     7    (B) for the purposes of this paragraph, the following terms  have  the
     8  following meanings:
     9    (i)  "agricultural  assessment"  has  the  meaning that it has for the
    10  purposes of article twenty-five-AA of the agriculture and markets law.
    11    (ii) "fruit" and "fruit products" have the meanings  defined  therefor
    12  by the commissioner of agriculture and markets in regulations promulgat-
    13  ed for the purposes of this paragraph.

    14    (iii)  "land  used in agricultural production" has the meaning defined
    15  therefor in article twenty-five-AA of the agriculture and markets law.
    16    § 5. This act shall take effect immediately and shall apply to taxable
    17  years beginning on or after January first of the year in which it  shall
    18  have  become  a law; provided that any and all rules and regulations and
    19  any other measures necessary to implement  any  provision  of  this  act
    20  shall be promulgated and taken, respectively, immediately and, if deemed
    21  necessary, on an emergency basis.
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