S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10479

                          I N  A S S E M B L Y

                              May 31, 2016
                               ___________

Introduced by M. of A. HUNTER -- read once and referred to the Committee
  on Education

AN  ACT  to  amend the state finance law and the tax law, in relation to
  establishing the New York farm to school and school garden fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  state finance law is amended by adding a new section
97-ff to read as follows:
  S 97-FF. NEW YORK FARM TO SCHOOL AND SCHOOL GARDEN FUND. 1.  THERE  IS
HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE "NEW YORK
FARM TO SCHOOL AND SCHOOL GARDEN FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT  TO  THE  PROVISIONS  OF  SECTION  SIX
HUNDRED TWENTY-FIVE-A OF THE TAX LAW, AND ALL OTHER MONEYS APPROPRIATED,
CREDITED,  OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW. NOTHING IN THIS SECTION SHALL PREVENT THE STATE FROM  SOLICITING
AND  RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND  ACCORDING  TO
LAW.
  3. MONEYS OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES OF ESTABLISH-
ING SCHOOL GARDENS AND PURCHASING EQUIPMENT AND EDUCATIONAL MATERIALS TO
PROMOTE STUDENTS' CONSUMPTION OF LOCAL PRODUCTS CONDUCTED IN COOPERATION
WITH THE DEPARTMENT OF AGRICULTURE AND MARKETS. SUCH DEPARTMENT SHALL BE
AUTHORIZED  TO  CREATE  FURTHER  CRITERIA  AND LIMITS ON SUCH FUNDING IF
NECESSARY. MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE STATE COMPTROLLER ON VOUCHERS APPROVED  BY  THE  COMMISSIONER  OF
AGRICULTURE  AND  MARKETS.  ANY  INTEREST RECEIVED BY THE COMPTROLLER ON
MONEYS ON DEPOSIT IN THE NEW YORK FARM TO SCHOOL AND SCHOOL GARDEN  FUND
SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
  S  2.  The tax law is amended by adding a new section 625-a to read as
follows:
  S 625-A. GIFT FOR THE NEW YORK FARM TO SCHOOL AND SCHOOL GARDEN  FUND.
AN  INDIVIDUAL  IN  ANY  TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO THE NEW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD14984-01-6

A. 10479                            2

YORK FARM TO SCHOOL AND SCHOOL GARDEN  FUND  TO  HELP  ESTABLISH  SCHOOL
GARDENS  AND  PURCHASE  EQUIPMENT  AND  EDUCATIONAL MATERIALS TO PROMOTE
STUDENTS' CONSUMPTION OF LOCAL PRODUCTS. THE CONTRIBUTION  SHALL  BE  IN
ANY  WHOLE  DOLLAR  AMOUNT  AND SHALL NOT REDUCE THE AMOUNT OF STATE TAX
OWED BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL  INCLUDE  SPACE  ON  THE
PERSONAL  INCOME  TAX  RETURN TO ENABLE A TAXPAYER TO MAKE SUCH CONTRIB-
UTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW ALL REVENUES COLLECTED
PURSUANT TO THIS SECTION SHALL BE CREDITED  TO  THE  NEW  YORK  FARM  TO
SCHOOL  AND  SCHOOL GARDEN FUND AND USED ONLY FOR THOSE PURPOSES ENUMER-
ATED IN SECTION NINETY-SEVEN-FF OF THE STATE FINANCE LAW.
  S 3. This act shall take effect ninety days after it shall have become
a law.