senate Bill S3630A

Establishes a GPS smartcard advisory council; and provides a personal income tax credit for the purchase of a GPS smartcard

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Feb / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 23 / Jan / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 23 / Jan / 2012
    • PRINT NUMBER 3630A

Summary

Establishes a GPS smartcard advisory council; provides a personal income tax credit for the purchase of a GPS smartcard.

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Bill Details

Versions:
S3630
S3630A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §837-s, Exec L; amd §606, Tax L
Versions Introduced in 2009-2010 Legislative Cycle:
S2645

Sponsor Memo

BILL NUMBER:S3630A

TITLE OF BILL:
An act
to amend the executive law, in relation to establishing a GPS
smartcard technology advisory council and to amend the tax law,
in relation to providing a personal income tax credit for the purchase
of smart chip global tracking (GPS) smartcard for kids

PURPOSE:
The purpose of this bill is to provide a tax credit for the purchase
of a GPS Smartcard for parents who might need help locating their
child.

SUMMARY OF PROVISIONS:
This bill amends Article 35 of the New York State Executive Law by
adding § 837-s. § 837-s will create a GPS SmartCard Technology
Advisory Council that would consist of eight total members. Five or
these members would belong to the missing and exploited children
clearinghouse of the Division of Criminal Justice Services. The other
three members would need at least five years of experience in
technology of locator systems and/or global positioning system
technology. In addition to this new section this bill would give
parents a refundable credit towards the Personal Income Tax for the
cost of a GPS Smart card purchased for their children up to
seventy-five dollars per unit. In order to receive this refundable
credit the child cannot exceed seventeen years of age.

EXISTING LAW:
S.7164 (2008) Held in Finance
S.2645 (2010) Held in Finance

JUSTIFICATION:
In New York State there are a great number of children that come up
missing each day. There are a variety of forms that a parent can lose
track of their child; runaway, kidnapped, lost, etc. By creating this
new council to oversee global tracking devices for children, parents
increase their chances of tracking their children if anything
unexpected happens to them. It also assists police officials a great
deal when a child is reported missing and they are running an
investigation. By providing a refundable tax credit when parents
purchase the GP8 Smartcard, more parents will be in the financial
position to purchase the device for their child/children. This will
not only help parents and police officials but it will also provide
additional security for the child who carries one of these tracking
devices.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This Act shall take effect immediately; provided, that the members of
the GPS Smart card technology advisory council established pursuant
to section one of this act shall have become a law; and provided,
further that the tax credit for GPS Smart cards provided by section
two of this act shall apply to taxable years beginning on and after
the first of January next succeeding the date on which this act shall
have become a law.

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

                                 3630--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance 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 executive law, in relation to establishing a GPS
  smartcard technology advisory council and to amend  the  tax  law,  in
  relation to providing a personal income tax credit for the purchase of
  smart chip global tracking (GPS) smartcard for kids

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

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S 837-S. GPS SMARTCARD TECHNOLOGY ADVISORY COUNCIL. 1. THERE IS HEREBY
ESTABLISHED IN THE OFFICE A GPS SMARTCARD TECHNOLOGY ADVISORY COUNCIL TO
ADVISE  THE  OFFICE  ON LOCATOR TECHNOLOGY, INCLUDING GLOBAL POSITIONING
TECHNOLOGY. SUCH COUNCIL SHALL CONSIST OF EIGHT PERSONS SELECTED BY  THE
DIRECTOR  OF  WHOM  FIVE  SHALL  BE MEMBERS OF THE MISSING AND EXPLOITED
CHILDREN CLEARINGHOUSE OF THE DIVISION AND THREE  SHALL  BE  INDIVIDUALS
WITH  AT  LEAST  FIVE  YEARS  OF EXPERIENCE IN THE TECHNOLOGY OF LOCATOR
SYSTEMS AND/OR GLOBAL POSITIONING SYSTEM TECHNOLOGY. THE MEMBERS OF  THE
ADVISORY  COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES HERE-
UNDER, BUT SHALL BE ENTITLED  TO  REIMBURSEMENT  FOR  THEIR  ACTUAL  AND
NECESSARY  TRAVELING  AND  OTHER EXPENSES INCURRED BY THEM IN CONNECTION
WITH THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
  2. THE COUNCIL SHALL, AFTER  INVESTIGATION  AND  UPON  MAJORITY  VOTE,
FORWARD  TO  THE  DIRECTOR RECOMMENDATIONS ON LOCATOR TECHNOLOGY MODELS,
INCLUDING GPS SMARTCARDS, AVAILABLE FOR PURCHASE  BY  INDIVIDUALS  WHICH
WOULD  HELP  PARENTS  IN LOCATING THEIR CHILDREN.  IF THE DIRECTOR SHALL
AGREE WITH THE RECOMMENDATIONS, THE DIRECTOR MAY PROMULGATE SUCH LIST AS
A REGULATION OF THE DEPARTMENT,  AND  SHALL  FORWARD  THE  LIST  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07550-02-1

S. 3630--A                          2

COMMISSIONER  OF  TAXATION AND FINANCE.   SUCH LIST SHALL BE UPDATED NOT
LATER THAN ONCE EACH YEAR, ON OR BEFORE NOVEMBER FIRST.
  S  2. Section 606 of the tax law is amended by adding a new subsection
(uu) to read as follows:
  (UU) CREDIT FOR PURCHASE OF GPS SMARTCARD. A TAXPAYER SHALL BE ALLOWED
A CREDIT AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS  ARTI-
CLE  FOR  THE  PURCHASE,  OTHER THAN FOR RESALE, OF A GLOBAL POSITIONING
SMARTCARD THAT HAS BEEN RECOMMENDED PURSUANT TO  SECTION  EIGHT  HUNDRED
THIRTY-SEVEN-S  OF  THE EXECUTIVE LAW. THE AMOUNT OF THE CREDIT SHALL BE
THE COST TO THE TAXPAYER OF SUCH GLOBAL POSITIONING SMARTCARD  PURCHASED
DURING  THE TAXABLE YEAR, SUCH CREDIT NOT TO EXCEED SEVENTY-FIVE DOLLARS
WITH RESPECT TO EACH UNIT  PURCHASED,  PROVIDED,  HOWEVER,  THAT  (1)  A
TAXPAYER  SHALL  NOT  BE ENTITLED TO CLAIM THE CREDIT AUTHORIZED BY THIS
SUBSECTION MORE OFTEN THAN ONCE  DURING  ANY  PERIOD  OF  THREE  TAXABLE
YEARS;  AND  (2) THE TAXPAYER SHALL NOT BE ENTITLED TO CREDIT UNLESS THE
GPS SMARTCARD SHALL HAVE BEEN PURCHASED FOR AN ELIGIBLE CHILD LESS  THAN
SEVENTEEN YEARS OF AGE.
  S 3. This act shall take effect immediately; provided that the members
of the GPS smartcard technology advisory council established pursuant to
section  one  of  this act shall be selected no later than 90 days after
this act shall have become a law; and provided,  further  that  the  tax
credit  for  GPS  smartcards  provided  by section two of this act shall
apply to taxable years beginning on and after the first of January  next
succeeding the date on which this act shall have become a law.

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