BILL NUMBER:A9395
TITLE OF BILL: An act to amend the tax law, in relation to the refund
of sales tax paid on the purchase price of registered bicycles; to amend
the executive law, in relation to requiring the state consumer
protection board to establish a bicycle theft prevention website; and to
amend the general business law, in relation to the bicycle theft
prevention registration notification
PURPOSE: This legislation enables consumers who register their bicycles
with the National Bicycle Registry or local affiliated registries to
receive a refund of state sales tax paid on the purchase of their bicy-
cle.
SUMMARY OF PROVISIONS: This bill amends the tax law by adding a new
section 1124, amends subdivision (e) of section 1139 of the tax law, as
amended by chapter 962 of the laws of 1966, amends subdivision 3 of
section 553 of the executive law, and adds a new section 391-cc to the
general business law.
JUSTIFICATION: This legislation is designed to incent bicycle owners to
register their bicycles with the National Bicycle Registry or local
affiliated registries. These registries catalog bicycle information for
recovery purposes in the event of theft. These registries have proven to
deter theft and enhance the ability of law enforcement to recover and
return stolen property to their owners. The refund of state sales tax on
S T A T E O F N E W Y O R K
________________________________________________________________________
9395
I N A S S E M B L Y
(PREFILED)
January 6, 2010
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to the refund of sales tax paid
on the purchase price of registered bicycles; to amend the executive
law, in relation to requiring the state consumer protection board to
establish a bicycle theft prevention website; and to amend the general
business law, in relation to the bicycle theft prevention registration
notification
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 1124 to
read as follows:
S 1124. REFUNDS AND CREDITS WITH RESPECT TO REGISTERED BICYCLES.
SUBJECT TO THE CONDITIONS AND LIMITATIONS PROVIDED FOR IN THIS SECTION,
A REFUND OR CREDIT SHALL BE ALLOWED FOR A TAX PAID PURSUANT TO SUBDIVI-
SION (A) OF SECTION ELEVEN HUNDRED FIVE OR SECTION ELEVEN HUNDRED TEN OF
THIS ARTICLE AND ANY LIKE TAX IMPOSED PURSUANT TO THE AUTHORITY OF ARTI-
CLE TWENTY-NINE OF THIS CHAPTER WITH RESPECT TO THE PURCHASE OF A BICY-
CLE IF THE PURCHASER OR USER REGISTERS THE BICYCLE WITH A BICYCLE REGIS-
TRATION PROGRAM ADMINISTERED BY THE NATIONAL BIKE REGISTRY OR LOCALLY
AFFILIATED BICYCLE REGISTRY. WHERE THE TAX ON THE SALE OR USE OF A
BICYCLE HAS BEEN PAID TO THE VENDOR, TO QUALIFY FOR SUCH REFUND OR CRED-
IT, SUCH BICYCLE MUST BE REGISTERED WITHIN THREE YEARS AFTER THE DATE
SUCH TAX WAS PAYABLE TO THE TAX COMMISSION BY THE VENDOR PURSUANT TO
SECTION ELEVEN HUNDRED THIRTY-SEVEN OF THIS ARTICLE. AN APPLICATION FOR
A REFUND OR CREDIT PURSUANT TO THIS SECTION MUST BE FILED WITH SUCH
COMMISSION WITHIN THE TIME PROVIDED BY SUBDIVISION (A) OF SECTION ELEVEN
HUNDRED THIRTY-NINE OF THIS ARTICLE. SUCH APPLICATION SHALL BE IN SUCH
FORM AS THE TAX COMMISSION MAY PRESCRIBE. WHERE AN APPLICATION FOR CRED-
IT HAS BEEN FILED, THE APPLICANT MAY IMMEDIATELY TAKE SUCH CREDIT ON THE
RETURN WHICH IS DUE COINCIDENT WITH OR IMMEDIATELY SUBSEQUENT TO THE
TIME THAT HE FILES HIS APPLICATION FOR CREDIT. HOWEVER, THE TAKING OF
THE CREDIT ON THE RETURN SHALL BE DEEMED TO BE PART OF THE APPLICATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.