NY State Senate Bill 2015-S1215B

Senate Bill S1215B

2015-2016 Legislative Session

Provides for a tax check-off box on tax returns for gifts to the New York state horse retirement and rescue fund; and directs the commissioner of agriculture to compile a list of approved rescue programs

download bill text pdf

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 20, 2016	print number 1215b
Apr 20, 2016	amend and recommit to investigations and government operations
Jan 11, 2016	print number 1215a
Jan 11, 2016	amend and recommit to investigations and government operations
Jan 06, 2016	referred to investigations and government operations
Jan 09, 2015	referred to investigations and government operations

Bill Amendments

Original

B (Active)

2015-S1215 - Details

See Assembly Version of this Bill:: A2933
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Add §§209-J & 625-a, Tax L; add §95-i, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5430, A7752
2017-2018: S188, A3721
2019-2020: S2615, A2559
2021-2022: S2095

2015-S1215 - Summary

Provides for 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 directs the commissioner of agriculture and markets to compile a list of approved horse retirement and rescue programs.

2015-S1215 - Sponsor Memo

                                BILL NUMBER:S1215

TITLE OF BILL:  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

PURPOSE:

An Act to amend the Tax Law and the State Finance Law, to provide 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 directs the Commissioner of Agriculture and Markets to
compile a list of approved horse retirement and rescue programs.

SUMMARY OF PROVISIONS:

Section 1 amends the Tax Law by adding a new section 209-I. It
provides that a taxpayer may elect to contribute any whole dollar
amount to the New York State Horse Retirement and Rescue Fund. The
Commissioner is directed to include space in the corporate income tax
return for such contribution which shall not reduce the amount of
state tax owed by the taxpayer.

Section 2 amends the Tax Law by adding a new section 625-a. It
provides that a taxpayer may elect to contribute any whole dollar
amount to the New York State Horse Retirement and Rescue Fund. The
Commissioner is directed to include space on the personal income tax
return for such contribution which shall not reduce the amount of
state tax owed by the taxpayer.

Section 3 amends the State Finance Law by adding a new section 95-h
which establishes the New York State Horse Retirement and Rescue Fund.
The Commissioner of Taxation and Finance is given sole custody of the
fund which shall be kept separate from other funds. Monies designated
to the Fund from personal and corporate franchise tax returns are
directed to the Fund as are other grants, gifts or bequests to the
Fund. The Commissioner of Taxation and Finance is directed to make
monies from the fund payable on vouchers certified by the Commissioner
of Agriculture and Markets and shall be expended for the purpose of
supporting eligible horse retirement and rescue programs.

Section 4 directs the Commissioner of Agriculture and Markets to
compile a list of approved horse retirement and rescue programs
eligible to receive funding from the New York State Horse Retirement
and Rescue Program.

Section 5 provides that this Act shall take effect January 1, 2017.

EXISTING LAW:

Currently there are various voluntary contributions by means of a
check-off on individual and corporate franchise tax returns. There is
no tax check-off for horse retirement and rescue.


JUSTIFICATION:

Given the important role that horses have played for New York State,
these noble animals deserve the opportunity to be protected from
barbaric slaughter and be afforded the dignity of living out their
remaining years at an approved horse rescue or retirement facility
that offers a safe, supportive and nurturing environment for horses,
and also provides rescue, rehabilitation and retraining services. A
not-for-profit rescue that rehabilitates and rehomes an average of 30
horses per year has an expenditure of approximately $43,000 per year.
The expenses are transportation, hay, feed, equipment, medical
expenses, maintenance, equine supplies, equine purchase, promotion and
licensing fees. Revenues raised to run a rescue typically come from
adoptions, charity fundraising events, equipment sales and donations.
A tax check-off on individual and corporate franchise returns would
bring the much needed awareness and more importantly, donations to
horse retirement and rescue programs for the equines that have served
New Yorkers well.

LEGISLATIVE HISTORY:

S.5430A / A.7752 of 2013; Referred to Investigations and Government
Operations 2013, 2014; Passed Assembly 2013, 2014.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

January 1, 2017

2015-S1215 - Bill Text download pdf

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

                                  1215

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

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-I  to
read as follows:
  S 209-I. 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-H 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02484-01-5

S. 1215                             2

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-H OF THE
STATE FINANCE LAW.
  S 3. The state finance law is amended by adding a new section 95-h  to
read as follows:
  S  95-H.  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". MONIES 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-I  AND  SIX  HUNDRED  TWENTY-FIVE-A OF THE TAX LAW AND ALL
OTHER MONEY 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, 2017 and shall apply to all
fiscal years commencing on and after that date.

2015-S1215A - Details

See Assembly Version of this Bill:: A2933
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Add §§209-J & 625-a, Tax L; add §95-i, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5430, A7752
2017-2018: S188, A3721
2019-2020: S2615, A2559
2021-2022: S2095

2015-S1215A - Summary

2015-S1215A - Sponsor Memo

                                 BILL NUMBER:  S1215A

 TITLE OF BILL :

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

 PURPOSE :

An Act to amend the Tax Law and the State Finance Law, to provide a
tax checkoff box on personal income tax and corporate franchise tax
returns for gifts to the New York State Horse Retirement and Rescue
Fund and directs the Commissioner of Agriculture and Markets to
compile a list of approved horse retirement and rescue programs.

 SUMMARY OF PROVISIONS :

Section 1 amends the Tax Law by adding a new section 209-J. It
provides that a taxpayer may elect to contribute any whole dollar
amount to the New York State Horse Retirement and Rescue Fund. The
Commissioner is directed to include space in the corporate income tax
return for such contribution which shall not reduce the amount of

state tax owed by the taxpayer.

Section 2 amends the Tax Law by adding a new section 625-a. It
provides that a taxpayer may elect to contribute any whole dollar
amount to the New York State Horse Retirement and Rescue Fund. The
Commissioner is directed to include space on the personal income tax
return for such contribution which shall not reduce the amount of
state tax owed by the taxpayer.

Section 3 amends the State Finance Law by adding a new section 95-i
which establishes the New York State Horse Retirement and Rescue Fund.
The Commissioner of Taxation and Finance is given sole custody of the
fund which shall be kept separate from other funds. Monies designated
to the Fund from personal and corporate franchise tax returns are
directed to the Fund as are other grants, gifts or bequests to the
Fund. The Commissioner of Taxation and Finance is directed to make
monies from the fund payable on vouchers certified by the Commissioner
of Agriculture and Markets and shall be expended for the purpose of
supporting eligible horse retirement and rescue programs.

Section 4 directs the Commissioner of Agriculture and Markets to
compile a list of approved horse retirement and rescue programs
eligible to receive funding from the New York State Horse Retirement
and Rescue Program.

Section 5 provides that this Act shall take effect January 1, 2018.

 EXISTING LAW :

Currently there are various voluntary contributions by means of a
check-off on individual and corporate franchise tax returns. There is
no tax check-off for horse retirement and rescue.

 JUSTIFICATION :

Given the important role that horses have played for New York State,
these noble animals deserve the opportunity to be protected from
barbaric slaughter and be afforded the dignity of living out their
remaining years at an approved horse rescue or retirement facility
that offers a safe, supportive and nurturing environment for horses,
and also provides rescue, rehabilitation and retraining services. A
not-for-profit rescue that rehabilitates and rehomes an average of 30
horses per year has an expenditure of approximately $43,000 per year.
The expenses are transportation, hay, feed, equipment, medical
expenses, maintenance, equine supplies, equine purchase, promotion and
licensing fees. Revenues raised to run a rescue typically come from
adoptions, charity fundraising events, equipment sales and donations.
A tax check-off on individual and corporate franchise returns would
bring the much needed awareness and more importantly, donations to
horse retirement and rescue programs for the equines that have served
New Yorkers well.

 LEGISLATIVE HISTORY :

S.5430A / A.7752 of 2013; Referred to Investigations and Government
Operations 2013, 2014; Passed Assembly 2013, 2014.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
January 1, 2018.

2015-S1215A - Bill Text download pdf

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

                                 1215--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations -- recommitted to the Committee on Investigations and
  Government Operations in accordance with Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02484-02-6

S. 1215--A                          2

  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
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-h 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.

2015-S1215B (ACTIVE) - Details

See Assembly Version of this Bill:: A2933
Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Add §§209-J & 625-a, Tax L; add §95-i, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5430, A7752
2017-2018: S188, A3721
2019-2020: S2615, A2559
2021-2022: S2095

2015-S1215B (ACTIVE) - Summary

2015-S1215B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1215B

 TITLE OF BILL :  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

 PURPOSE :

An Act to amend the Tax Law and the State Finance Law, to provide a
tax checkoff box on personal income tax and corporate franchise tax
returns for gifts to the New York State Horse Retirement and Rescue
Fund and directs the Commissioner of Agriculture and Markets to
compile a list of approved horse retirement and rescue programs.

 SUMMARY OF PROVISIONS :

Section 1 amends the Tax Law by adding a new section 209-J. It
provides that a taxpayer may elect to contribute any whole dollar
amount to the New York State Horse Retirement and Rescue Fund. The
Commissioner is directed to include space in the corporate income tax
return for such contribution which shall not reduce the amount of
state tax owed by the taxpayer.

Section 2 amends the Tax Law by adding a new section 625-a. It
provides that a taxpayer may elect to contribute any whole dollar
amount to the New York State Horse Retirement and Rescue Fund. The
Commissioner is directed to include space on the personal income tax
return for such contribution which shall not reduce the amount of
state tax owed by the taxpayer.

Section 3 amends the State Finance Law by adding a new section 95-i
which establishes the New York State Horse Retirement and Rescue Fund.
The Commissioner of Taxation and Finance is given sole custody of the
fund which shall be kept separate from other funds. Monies designated
to the Fund from personal and corporate franchise tax returns are
directed to the Fund as are other grants, gifts or bequests to the
Fund. The Commissioner of Taxation and Finance is directed to make
monies from the fund payable on vouchers certified by the Commissioner
of Agriculture and Markets and shall be expended for the purpose of
supporting eligible horse retirement and rescue programs.

Section 4 directs the Commissioner of Agriculture and Markets to
compile a list of approved horse retirement and rescue programs
eligible to receive funding from the New York State Horse Retirement
and Rescue Program.

Section 5 provides that this Act shall take effect January 1, 2018.

 EXISTING LAW :

Currently there are various voluntary contributions by means of a
check-off on individual and corporate franchise tax returns. There is
no tax check-off for horse retirement and rescue.

 JUSTIFICATION :

Given the important role that horses have played for New York State,
these noble animals deserve the opportunity to be protected from
barbaric slaughter and be afforded the dignity of living out their
remaining years at an approved horse rescue or retirement facility
that offers a safe, supportive and nurturing environment for horses,
and also provides rescue, rehabilitation and retraining services. A
not-for-profit rescue that rehabilitates and rehomes an average of 30
horses per year has an expenditure of approximately $43,000 per year.
The expenses are transportation, hay, feed, equipment, medical
expenses, maintenance, equine supplies, equine purchase, promotion and
licensing fees. Revenues raised to run a rescue typically come from
adoptions, charity fundraising events, equipment sales and donations.
A tax check-off on individual and corporate franchise returns would
bring the much needed awareness and more importantly, donations to
horse retirement and rescue programs for the equines that have served
New Yorkers well.

 LEGISLATIVE HISTORY :

S.5430A / A.7752 of 2013; Referred to Investigations and Government
Operations 2013, 2014; Passed Assembly 2013, 2014.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
January 1, 2018.

2015-S1215B (ACTIVE) - Bill Text download pdf

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

                                 1215--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations -- recommitted to the Committee on Investigations and
  Government Operations in accordance with Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02484-05-6

S. 1215--B                          2

  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
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.

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