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

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, 2015.

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

This is a new bill.

Fiscal implications

None to the State

Effective date

January 1, 2015