S T A T E O F N E W Y O R K
________________________________________________________________________
S. 232 A. 346
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 7, 2009
___________
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Investi-
gations and Government Operations
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to exemption of factory-built
home shells from the tax on sales and the compensating use tax
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature hereby finds and
declares that the factory-built home shell business is an integral
component of the economy of this state and that new home construction
fosters economic development throughout the state. It is the intent of
this legislature to exempt factory-built home shells delivered to resi-
dential building sites in order to promote such development.
S 2. Subdivision (a) of section 1115 of the tax law is amended by
adding a new paragraph 44 to read as follows:
(44) FACTORY-BUILT HOME SHELLS DELIVERED TO A RESIDENTIAL REAL PROPER-
TY BUILDING SITE. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"FACTORY-BUILT HOME SHELL" SHALL MEAN A STRUCTURE CONSISTING ESSENTIALLY
OF EXTERNAL WALLS INCLUDING INSULATION, WINDOWS, DOORS AND ROOF TRUSSES,
ASSEMBLED IN A FACTORY AND MADE READY FOR DELIVERY TO A RESIDENTIAL REAL
PROPERTY BUILDING SITE.
S 3. This act shall take effect on the first of March next succeeding
the date on which it shall have become a law and shall apply to sales
made or uses occurring on or after such date although made or occurring
under a prior contract; provided, that the commissioner of taxation and
finance shall be authorized on and after the date this act shall have
become a law to adopt rules and regulations and issue any procedures,
forms or instructions necessary for the timely implementation of this
act on its effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01026-01-9