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