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- Referred to agriculture
- Referred to agriculture
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expands duties of department of agriculture and markets regarding the purchase of certain vineyard grape plants and fruit processing capital goods
In Assembly Committee · Agriculture · Sponsor William Magee
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the agriculture and markets law, in relation to the powers and duties of the commissioner of agriculture and markets pertaining to the direct marketing of grapes and other fruit products, and the profitability of farming and the preservation of viable farm land; and to amend the tax law, in relation to corporate franchise tax and personal income tax credits for the purchase of certain vineyard grape plants and fruit processing capital equipment
Purpose
To authorize the Department of Agriculture and Markets to provide assistance to community based organizations seeking to purchase New York farm products. Further, it authorizes the Hudson Valley Agricultural Advisory Council to comment on proposals to increase the profitability of farming and to preserve viable agricultural open spaces. Further, it grants to grape growers a 75 percent income tax credit for costs associated with purchasing grape plant material to establish new vineyards or to replant old ones.
Summary of provisions
Section 1: Amends Agriculture & Markets Law section 3 to update the declaration of policy and purposes of the Department of Agriculture and Markets.
Read the full memo (862 words)
Sections 2, 3, and 4: Amends Agriculture & Markets Law section 16 to increase the ability of the Department of Agriculture and Markets to encourage the local processing of New York Produced fruits and to promote the marketing of such products.
Sections 5, 6, and 7: Amends Agriculture & Markets Law section 283 to authorize the Commissioner of Agriculture & Markets to provide assistance to community based organizations seeking to purchase New York farm products.
Section 8: Amends Agriculture & Markets Law section 284 to clarify the duties of the Hudson Valley agricultural center.
Section 9 and 10: Amends Agriculture & Markets Law section 285 to make such statute gender neutral.
Section 11: Amends Agriculture & Markets Law section 285-b to authorize the Hudson Valley Agricultural Advisory Council to comment on proposals to increase the profitability of farming and to preserve viable agricultural open spaces.
Section 12: Amends Tax Law section 210 to add subdivision 38 to grant a corporate franchise tax credit equal to 75 percent of the cost of purchasing new grape plant material to be used to establish a new vineyard or to replant an old vineyard. In addition, it adds a new subdivision 39 to grant a corporate franchise tax credit equal to 50 percent of the cost capital equipment used by wineries and distilleries for the production of wine or distillates. Capital equipment includes, but is not limited to machinery, tools, presses, pumps, cooperage, other storage tanks, and other similar equipment.
Section 13: Amends Tax Law section 606 to add subdivision (jj) to grant a personal income tax credit equal to 75 percent of the cost of purchasing new grape plant material to be used to establish a new vineyard or to replant an old vineyard. In addition, it adds a new subdivision (kk) to grant an income tax credit equal to 50 percent of the cost of capital equipment used by wineries and distilleries for the production of wine or distillates. Capital equipment includes, but
is not limited to machinery, tools, presses, pumps, cooperage, other storage tanks, and other similar equipment.
Section 14: The Commissioner of Taxation and Finance is authorized to promulgate rules and regulations to implement this act.
Existing law
No such franchise or income tax credit exists for the purchase of grape plant material or for capital equipment used for the production of wine or distillates.
Justification
This bill will help to expand the state's grape and winemaking industry in two ways.
First, it assists growers with the large capital investments needed to establish a new vineyard or replant an old one. Assisting growers to retain vineyards or to encourage them to substitute the cultivation of low value crops with high value crops, such as grapes, will help to increase grower incomes. Further, expanding the number of the state's vineyards should help to increase tourism activities in our wine regions.
Ultimately, the state, by granting these limited franchise and income tax credits will encourage: A.) the retention of existing farms and establishment of new farming operations, B.) encourage expansion of Wineries, distilleries and other fruit Processing facilities, which, in turn, will increase the demand for more locally produced grapes, and C.) help to create a new synergy within each state's wine regions and encourage their expansion, which, in turn, will foster growth in the state's tourism related industries, i.e. such as restaurants, lodging establishments, and other tourist related businesses. The end result is that the State of New York will foster economic growth in our ailing upstate regions and simultaneously collect more tax revenue.
Legislative history
S.6009-A of 2005/2006; S.536 of 2007/2008
Fiscal implications
The Department of Taxation and Finance estimates that this bill would reduce revenues by $3 million in Fiscal Year 2007 - 2008 and $9 million in subsequent fiscal years.
Local fiscal implications
None.
Effective date
This act shall take effect immediately and apply to taxable years commencing on or after January 1st of the year in which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.