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

                                  7474

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              April 9, 2009
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Ways and Means

AN  ACT to amend the tax law, in relation to the imposition of sales and
  compensating use taxes on machinery and equipment for use  in  loading
  cargo at marine terminal facilities in certain cities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 41 of subdivision (a) of section 1115 of the  tax
law,  as added by chapter 508 of the laws of 2005, is amended to read as
follows:
  (41) machinery and equipment for use  directly  and  predominantly  in
loading,  unloading  and  handling  cargo  at a marine terminal facility
located in a city with a population of one million or more which in  two
thousand  three,  handled more than three hundred fifty thousand twenty-
foot equivalent units (TEUs). For the purpose of this section  the  term
twenty-foot equivalent unit (TEU) is used to express the relative number
of containers based on the equivalent length of a twenty-foot container;
PROVIDED  THAT  THE EXEMPTION PROVIDED BY THIS PARAGRAPH SHALL NOT APPLY
TO TAXES IMPOSED PURSUANT TO SECTION TWELVE HUNDRED TEN OF THIS CHAPTER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01681-01-9