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A00497 Summary:

A00497 Actions:

A00497 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A497A
 
SPONSOR: Woerner (MS)

 
TITLE OF BILL:  An act to amend the tax law, in relation to establish-
ing the venison donation tax credit
 
 
PURPOSE:
 
This legislation would create a venison donation tax credit.
 
 
SUMMARY OF PROVISIONS:
 
Amends section 606 of the tax law to create a new venison donation tax
credit.
 
 
JUSTIFICATION:
 
This legislation would provide a refundable tax credit to hunters who
donate their entire deer harvest to their local food bank. It would also
exclude income received from meat processing facilities for processing
venison for food banks from state income tax. The goal of this legis-
lation is to increase the amount of venison donated to food banks to
feed those New Yorkers in need of a meal. Venison meat is one of the
leanest and healthiest forms of animal protein and it is highly desired
by food banks.
 
At the same time, deer populations in various areas of the state are too
dense because hunters do not desire to take as many deer as are required
to better control population densities. According to the DEC, while
hunters can receive as many as five or more deer tags each year, the
hunters on average only desire to take 1.2 deer per season.  A major
reason for this low harvest rate is that few hunters wish to consume the
meat of five deer annually. Providing a significant tax credit will
provide a needed incentive for hunters to take more deer.
 
Even if this program is incredibly successful, the cost of this program
will be manageable. For example, tripling venison donations to food
banks would result in only $720,000 of tax credits (assuming DEC sets a
$3 per pound tax credit).
 
 
LEGISLATIVE HISTORY:
 
2015-16: A.7166A - Referred to Committee on Ways & Means
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect immediately, and shall apply to all taxable
years beginning on and after January 1, 2017.

A00497 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         497--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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:
 
     1    Section  1.  Section  606  of  the  tax law is amended by adding a new
     2  subsection (ccc) to read as follows:
     3    (ccc) Venison donation tax credit. (1) Allowance of credit. A taxpayer
     4  who provides deer to a nonprofit organization for the purposes of  veni-
     5  son  donation  shall  be allowed a credit, to be computed as provided in
     6  paragraph two of this subsection, against the tax imposed by this  arti-
     7  cle. To qualify for the credit provided in this section, a taxpayer must
     8  donate  a  deer  to  a  nonprofit organization in its entirety provided,
     9  however, that such taxpayer may retain the head,  neck,  antlers,  hides
    10  and/or hooves of such deer.
    11    (2)  Amount  of credit. The amount of credit shall equal the number of
    12  adult deer donated, multiplied by the weight of such deer which  in  all
    13  cases  shall  be  deemed  forty-five  pounds,  multiplied further by the
    14  donated venison price.  The  department  of  environmental  conservation
    15  shall  annually  determine  the  donated  venison price on or before the
    16  first day of August. The donated venison price  shall  be  within  fifty
    17  percent  of  the  total determined by subtracting the average processing
    18  cost per pound charged by meat processing  facilities  from  the  market
    19  price  for  ground  beef  provided,  however,  that in no case shall the
    20  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
 
     1    (3) Application of credit. If the amount of the credit  allowed  under
     2  this subsection for any taxable year shall exceed the taxpayer's tax for
     3  such  year,  the  excess shall be treated as an overpayment of tax to be
     4  credited or refunded in accordance with the provisions  of  section  six
     5  hundred  eighty-six of this article, provided, however, that no interest
     6  shall be paid thereon.
     7    § 2. Paragraph (a) of subdivision 1 of section 210 of the tax  law  is
     8  amended by adding a new subparagraph (x) to read as follows:
     9    (x)  In computing the business income base, a taxpayer which is a meat
    10  processing facility shall be allowed a deduction equal to the amount  of
    11  any  income received from a nonprofit organization in exchange for proc-
    12  essing venison.
    13    § 3. Subsection (c) of section 612 of the tax law is amended by adding
    14  a new paragraph 44 to read as follows:
    15    (44) The amount of any income received from a  nonprofit  organization
    16  in exchange for processing venison.
    17    §  4.  This  act  shall take effect immediately and shall apply to all
    18  taxable years beginning on and after January 1, 2019.