Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to ways and means |
Jun 04, 2009 |
referred to ways and means |
Assembly Bill A8704
2009-2010 Legislative Session
Sponsored By
MAGEE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A8704 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5750
- Current Committee:
- Assembly Ways And Means
- Law Section:
- Tax Law
- Laws Affected:
- Amd §424, Tax L
2009-A8704 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8704 TITLE OF BILL: An act to amend the tax law, in relation to exempting from certain taxes the first one thousand five hundred gallons of wine produced and sold or used in this state in each calendar year by a farm winery SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 424 of the tax law by adding a new subdivision 7 that would exempt from the excise taxes on wine the first 1,500 gallons produced and sold by a farm winery. JUSTIFICATION: The wine industry in New York State has undergone a tremendous renais- sance over the past several years. Today the New York wine industry includes over 200 wineries - from Long Island to the Hudson Valley to the Finger Lakes to Lake Erie - producing over 100 million bottles of wine annually, $500 million in aggregate gross sales and $85 million in state and local revenue on top of the 18,000 people they employ state- wide and the millions of tourists they draw into the state. It is a major economic force that also provides a market to the almost 1,000 family-owned vineyards across the state. To continue to assist our wineries, this bill would exempt from excise taxes the first 1,500 gallons of wine produced and sold by a farm winery. By providing this relief we can continue to show our support for our small wineries and encourage their growth.
2009-A8704 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8704 2009-2010 Regular Sessions I N A S S E M B L Y June 4, 2009 ___________ Introduced by M. of A. MAGEE -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to exempting from certain taxes the first one thousand five hundred gallons of wine produced and sold or used in this state in each calendar year by a farm winery THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 424 of the tax law is amended by adding a new subdivision 7 to read as follows: 7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THERE SHALL BE EXEMPT FROM THE TAXES IMPOSED BY THIS SECTION THE FIRST ONE THOUSAND FIVE HUNDRED GALLONS OF WINE PRODUCED AND SOLD OR USED IN THIS STATE IN EACH CALENDAR YEAR BY A FARM WINERY THAT IS LICENSED PURSUANT TO SECTION SEVENTY-SIX-A OF THE ALCOHOLIC BEVERAGE CONTROL LAW. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. Provided, more specifically, if the exemption from tax contained in subdivision 7 of section 424 of the tax law, as added by section one of this act, shall be declared unconstitutional, such judgment of invalidity shall not result in the extension of such exemption to anyone, including out-of-state wineries, but shall, as of the date such judicial decision becomes final and no longer subject to judicial review, result only in the denial of such exemption to all wineries. S 3. This act shall take effect January 1, 2010. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14130-01-9
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