New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A07752 Summary:

A07752 Actions:

A07752 Floor Votes:

A07752 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7752--A
                                                                Cal. No. 380
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 3, 2013
                                       ___________
 
        Introduced by M. of A. GLICK, TEDISCO, GUNTHER, ROBERTS, SOLAGES, FINCH,
          MILLMAN,  ROSENTHAL,  SKOUFIS  -- Multi-Sponsored by -- M. of A. COOK,
          DAVILA, DiPIETRO, GARBARINO, McDONOUGH, PERRY, SWEENEY  --  read  once
          and referred to the Committee on Ways and Means -- advanced to a third

          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the tax law and the state finance law,  in  relation  to
          providing  a  tax  check-off  box on personal income tax and corporate
          franchise tax returns for gifts to the New York state horse retirement
          and rescue fund; and directing the  commissioner  of  agriculture  and
          markets  to  compile  a  list  of approved horse retirement and rescue
          programs
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  tax  law is amended by adding a new section 209-I to
     2  read as follows:
     3    § 209-I. Gift for the New York state horse retirement and rescue fund.
     4  Effective for any tax year commencing on or after the effective date  of

     5  this  section, a taxpayer in any taxable year may elect to contribute to
     6  the support of the New York state horse retirement and rescue fund. Such
     7  contribution shall be in any whole dollar amount and  shall  not  reduce
     8  the  amount  of  the  state  tax owed by such taxpayer. The commissioner
     9  shall include space on the corporate  income  tax  return  to  enable  a
    10  taxpayer  to make such contribution. Notwithstanding any other provision
    11  of law, all revenues collected pursuant to this section shall be credit-
    12  ed to the New York state horse retirement and rescue fund and  shall  be
    13  used  only for those purposes enumerated in section ninety-five-h of the
    14  state finance law.
    15    § 2. The tax law is amended by adding a new section 625-a to  read  as
    16  follows:

 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10896-04-4
        A. 7752--A                          2
 
     1    § 625-a. Gift for the New York state horse retirement and rescue fund.
     2  Effective  for any tax year commencing on or after the effective date of
     3  this section, a taxpayer in any taxable year may elect to contribute  to
     4  the support of the New York state horse retirement and rescue fund. Such
     5  contribution  shall  be  in any whole dollar amount and shall not reduce
     6  the amount of the state tax owed  by  such  taxpayer.  The  commissioner

     7  shall  include  space  on  the  personal  income  tax return to enable a
     8  taxpayer to make such contribution. Notwithstanding any other  provision
     9  of law, all revenues collected pursuant to this section shall be credit-
    10  ed  to  the New York state horse retirement and rescue fund and shall be
    11  used only for those purposes enumerated in section ninety-five-h of  the
    12  state finance law.
    13    §  3. The state finance law is amended by adding a new section 95-h to
    14  read as follows:
    15    § 95-h. New York state horse retirement and rescue fund. 1.  There  is
    16  hereby  established  in the sole custody of the commissioner of taxation
    17  and finance a special fund to be known as  the  "New  York  state  horse

    18  retirement  and  rescue fund". Monies in the fund shall be kept separate
    19  from and not commingled with other funds held in the sole custody of the
    20  commissioner of taxation and finance.
    21    2. Such fund shall consist of all revenues received by the  department
    22  of  taxation  and  finance  pursuant  to  the provisions of sections two
    23  hundred nine-I and six hundred twenty-five-a of  the  tax  law  and  all
    24  other  money  appropriated,  credited,  or  transferred thereto from any
    25  other fund or source pursuant to law.   Nothing contained  herein  shall
    26  prevent  the  state  from  receiving  grants,  gifts or bequests for the
    27  purposes of the fund as defined in this section and depositing them into
    28  the fund according to law.

    29    3. The moneys in said account shall be retained by the fund and  shall
    30  be  payable from the fund by the commissioner of taxation and finance on
    31  vouchers certified or approved by the commissioner  of  agriculture  and
    32  markets  or  his  or her designee and only for the purposes set forth in
    33  this section.
    34    4. The moneys in such fund  shall  be  expended  for  the  purpose  of
    35  supporting eligible horse retirement and rescue programs. Eligible horse
    36  retirement and rescue programs are those approved by the commissioner of
    37  agriculture and markets.
    38    §  4. The commissioner of agriculture and markets shall compile a list
    39  of approved horse retirement and rescue  programs  eligible  to  receive
    40  funding  from  the  New York state horse retirement and rescue fund. The

    41  eligibility of a rescue program  shall  be  determined  based  upon  the
    42  economic sustainability of the rescue, the rescue's long term stability,
    43  the  rescue's  demonstration of an ongoing commitment to the proper care
    44  of horses, and such other factors as the commissioner shall deem  appro-
    45  priate  after  consultation  with the farm bureau, horse breeder associ-
    46  ations and societies for the  prevention  of  cruelty  to  animals.  All
    47  approved  rescues  must be non-profit organizations which are tax-exempt
    48  pursuant to the provisions of section 501(c)(3) of the Internal  Revenue
    49  Code.
    50    § 5. This act shall take effect January 1, 2015 and shall apply to all
    51  fiscal years commencing on and after that date.