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Assembly Bill A8704

2009-2010 Legislative Session

Exempts 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

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Archive: Last Bill Status - In Assembly Committee

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2009-A8704 (ACTIVE) - Details

See Senate Version of this Bill:
S5750
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd ยง424, Tax L

2009-A8704 (ACTIVE) - Summary

Exempts 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.

2009-A8704 (ACTIVE) - Sponsor Memo

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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