S T A T E O F N E W Y O R K
________________________________________________________________________
2095
2021-2022 Regular Sessions
I N S E N A T E
January 19, 2021
___________
Introduced by Sen. JORDAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Budget and Revenue
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-N to
read as follows:
§ 209-N. 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-J OF THE
STATE FINANCE LAW.
§ 2. The tax law is amended by adding a new section 625-b to read as
follows:
§ 625-B. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01060-01-1
S. 2095 2
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-J OF THE
STATE FINANCE LAW.
§ 3. The state finance law is amended by adding a new section 95-j to
read as follows:
§ 95-J. 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-N AND SIX HUNDRED TWENTY-FIVE-B 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.
2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION-
ER OF AGRICULTURE AND MARKETS SHALL PROVIDE A WRITTEN REPORT TO THE
TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE
SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMIT-
TEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW
THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR,
AND SHALL INCLUDE:
(I) THE AMOUNT OF MONEY DISPERSED FROM THE FUND AND THE AWARD PROCESS
USED FOR SUCH DISBURSEMENTS;
(II) RECIPIENTS OF AWARDS FROM THE FUND;
(III) THE AMOUNT AWARDED TO EACH;
(IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND
(V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI-
MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED-
ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL
YEAR.
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.
§ 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-
S. 2095 3
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.
§ 5. This act shall take effect January 1, 2023 and shall apply to all
fiscal years commencing on and after that date.
