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

                                  2234

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of A. CROUCH, KOLB -- Multi-Sponsored by -- M. of A.
  FINCH, OAKS -- read once and referred to the  Committee  on  Ways  and
  Means

AN  ACT  to  amend the tax law, in relation to granting a tax credit for
  the purchase of materials aiding the ventilation and  illumination  in
  factory work rooms during the manufacturing process

  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  187-s  to
read as follows:
  S  187-S. CREDIT FOR MATERIALS AIDING THE VENTILATION AND ILLUMINATION
IN FACTORY WORK ROOMS. 1. GENERAL. A TAXPAYER SHALL BE ALLOWED A CREDIT,
TO BE COMPUTED AS HEREINAFTER PROVIDED, AGAINST  THE  TAXES  IMPOSED  BY
THIS  ARTICLE,  OTHER  THAN  THE  TAXES  IMPOSED BY SECTIONS ONE HUNDRED
EIGHTY, ONE HUNDRED EIGHTY-ONE, ONE HUNDRED EIGHTY-SIX-A AND ONE HUNDRED
EIGHTY-SIX-E OF THIS ARTICLE. SUCH CREDIT, TO BE COMPUTED AS HEREINAFTER
PROVIDED, SHALL BE ALLOWED FOR MATERIALS, PURCHASED AND USED BY A FACTO-
RY FOR USE OR CONSUMPTION DIRECTLY AND EXCLUSIVELY TO FACILITATE  VENTI-
LATION  AND ILLUMINATION IN FACTORY WORK ROOMS, PURSUANT TO SECTIONS TWO
HUNDRED FIFTY-SEVEN AND TWO HUNDRED NINETY-NINE OF THE LABOR LAW, PLACED
IN SERVICE DURING THE TAXABLE YEAR; PROVIDED, HOWEVER, THAT THE  COMMIS-
SIONER SHALL REQUIRE SUCH DOCUMENTARY PROOF TO QUALIFY FOR ANY EXEMPTION
PROVIDED  HEREIN  AS  THE  COMMISSIONER  DEEMS  APPROPRIATE AND THAT THE
AMOUNT OF CREDIT ALLOWED BY THIS SECTION  AGAINST  THE  TAX  IMPOSED  BY
SECTION  ONE  HUNDRED EIGHTY-FOUR OF THIS ARTICLE SHALL BE THE EXCESS OF
THE CREDIT COMPUTED UNDER THIS SECTION OVER THE AMOUNT OF CREDIT ALLOWED
BY  THIS  SECTION  AGAINST  THE  TAX  IMPOSED  BY  SECTION  ONE  HUNDRED
EIGHTY-THREE OF THIS ARTICLE.
  2.  DEFINITION.  AS USED IN THIS SECTION "MATERIALS" SHALL MEAN APPLI-
ANCES AND ENERGY USING PRODUCTS BY OR FOR VENTILATION AND  ILLUMINATION,

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

                                                           LBD06334-01-3

A. 2234                             2

SUCH  AS  BUT  NOT  LIMITED TO, LAMPS AND LUMINARIES, FLUORESCENT LAMPS,
CENTRAL AIR CONDITIONERS, ROOM AIR CONDITIONERS,  PACKAGE  TERMINAL  AIR
CONDITIONERS AND HEAT PUMPS, AND FURNACES.
  3.  AMOUNT OF CREDIT. THE AMOUNT OF CREDIT UNDER THIS SECTION SHALL BE
THIRTY-FIVE PERCENT OF THE COST OF ANY SUCH MATERIALS PLACED IN  SERVICE
DURING THE TAXABLE YEAR.
  4.  CARRYOVER.  IN  NO  EVENT  SHALL  THE CREDIT UNDER THIS SECTION BE
ALLOWED IN AN AMOUNT WHICH WILL REDUCE THE TAX PAYABLE TO LESS THAN  THE
APPLICABLE  MINIMUM TAX FIXED BY SECTION ONE HUNDRED EIGHTY-THREE OR ONE
HUNDRED EIGHTY-FIVE OF THIS ARTICLE. IF, HOWEVER, THE AMOUNT  OF  CREDIT
ALLOWABLE  UNDER  THIS  SECTION  FOR ANY TAXABLE YEAR REDUCES THE TAX TO
SUCH AMOUNT, ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN  SUCH  TAXABLE  YEAR
MAY  BE  CARRIED OVER TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED
FROM THE TAXPAYER'S TAX FOR SUCH YEAR OR YEARS.
  S 2. This act shall take effect immediately; provided,  however,  that
the  exemption provided applies to property placed in service in taxable
years beginning on or after January 1, 2013 and that the commissioner of
taxation and finance may take any action with respect to  the  adoption,
amendment,  suspension  or  repeal of any rule or regulation relating to
this act, and may establish  any  procedure  necessary  for  the  timely
implementation thereof.