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

                                 2933--A
                                                        Cal. No. 132

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. GLICK, TEDISCO, SOLAGES, ROSENTHAL, MILLER --
  Multi-Sponsored by -- M. of A. COOK, GARBARINO, PERRY -- 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:

  Section  1.  The  tax  law is amended by adding a new section 209-J to
read as follows:
  S 209-J. GIFT FOR THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND.
EFFECTIVE FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE  OF
THIS  SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO
THE SUPPORT OF THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. SUCH
CONTRIBUTION SHALL BE IN ANY WHOLE DOLLAR AMOUNT AND  SHALL  NOT  REDUCE
THE  AMOUNT  OF  THE  STATE  TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER
SHALL INCLUDE SPACE ON THE CORPORATE  INCOME  TAX  RETURN  TO  ENABLE  A
TAXPAYER  TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDIT-
ED TO THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND AND  SHALL  BE
USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-I OF THE
STATE FINANCE LAW.
  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 STATE HORSE RETIREMENT AND RESCUE FUND.
EFFECTIVE  FOR ANY TAX YEAR COMMENCING ON OR AFTER THE EFFECTIVE DATE OF

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

                                                           LBD02484-04-6

A. 2933--A                          2

THIS SECTION, A TAXPAYER IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE  TO
THE SUPPORT OF THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. SUCH
CONTRIBUTION  SHALL  BE  IN ANY WHOLE DOLLAR AMOUNT AND SHALL NOT REDUCE
THE  AMOUNT  OF  THE  STATE  TAX OWED BY SUCH TAXPAYER. THE COMMISSIONER
SHALL INCLUDE SPACE ON THE  PERSONAL  INCOME  TAX  RETURN  TO  ENABLE  A
TAXPAYER  TO MAKE SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, ALL REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL BE CREDIT-
ED TO THE NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND AND  SHALL  BE
USED  ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-FIVE-I OF THE
STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 95-i  to
read as follows:
  S  95-I.  NEW YORK STATE HORSE RETIREMENT AND RESCUE FUND. 1. THERE IS
HEREBY ESTABLISHED IN THE SOLE CUSTODY OF THE COMMISSIONER  OF  TAXATION
AND  FINANCE  A  SPECIAL  FUND  TO BE KNOWN AS THE "NEW YORK STATE HORSE
RETIREMENT AND RESCUE FUND". MONEYS IN THE FUND SHALL BE  KEPT  SEPARATE
FROM AND NOT COMMINGLED WITH OTHER FUNDS HELD IN THE SOLE CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE.
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE PURSUANT  TO  THE  PROVISIONS  OF  SECTIONS  TWO
HUNDRED  NINE-J  AND  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 CONTAINED HEREIN SHALL
PREVENT THE STATE FROM 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.  THE MONEYS IN SAID ACCOUNT SHALL BE RETAINED BY THE FUND AND SHALL
BE PAYABLE FROM THE FUND BY THE COMMISSIONER OF TAXATION AND FINANCE  ON
VOUCHERS  CERTIFIED  OR  APPROVED BY THE COMMISSIONER OF AGRICULTURE AND
MARKETS OR HIS OR HER DESIGNEE AND ONLY FOR THE PURPOSES  SET  FORTH  IN
THIS SECTION.
  4.  THE  MONEYS  IN  SUCH  FUND  SHALL  BE EXPENDED FOR THE PURPOSE OF
SUPPORTING ELIGIBLE HORSE RETIREMENT AND RESCUE PROGRAMS. ELIGIBLE HORSE
RETIREMENT AND RESCUE PROGRAMS ARE THOSE APPROVED BY THE COMMISSIONER OF
AGRICULTURE AND MARKETS.
  S 4. The commissioner of agriculture and markets shall compile a  list
of  approved  horse  retirement  and rescue programs eligible to receive
funding from the New York state horse retirement and  rescue  fund.  The
eligibility  of  a  rescue  program  shall  be determined based upon the
economic sustainability of the rescue, the rescue's long term stability,
the rescue's demonstration of an ongoing commitment to the  proper  care
of  horses, and such other factors as the commissioner shall deem appro-
priate after consultation with the farm bureau,  horse  breeder  associ-
ations  and  societies  for  the  prevention  of cruelty to animals. All
approved rescues must be non-profit organizations which  are  tax-exempt
pursuant  to the provisions of section 501(c)(3) of the Internal Revenue
Code.
  S 5. This act shall take effect January 1, 2018 and shall apply to all
fiscal years commencing on and after that date.