NY State Senate Bill 2009-S2645

Senate Bill S2645

2009-2010 Legislative Session

Establishes a GPS smartcard advisory council; and provides a personal income tax credit for the purchase of a GPS smartcard

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Archive: Last Bill Status - In Senate Committee Finance 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to finance
Feb 26, 2009	referred to finance

co-Sponsors

2009-S2645 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-s, Exec L; amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3630
2013-2014: S2410

2009-S2645 (ACTIVE) - Summary

Establishes a GPS smartcard advisory council; provides a personal income tax credit for the purchase of a GPS smartcard.

2009-S2645 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2645

 TITLE OF BILL :
An act to amend the executive law, in relation to establishing a GPS
smartcard technology advisory council and to amend the tax law, in
relation to providing a personal income tax credit for the purchase of
smart chip global tracking (GPS) smartcard for kids


 PURPOSE :
The purpose of this bill is to provide a tax credit for the purchase
of a GPS Smartcard for parents who might need help locating their
child.

 SUMMARY OF PROVISIONS :
This bill amends Article 35 of the New York State Executive Law by
adding § 837-s.  § 837-s will create a GPS SmartCard Technology
Advisory Council that would consist of eight total members. Five or
these members would belong to the missing and exploited children
clearinghouse of the Division of Criminal Justice Services. The other
three members would need a least five years of experience in
technology of locator systems and/or global positioning system
technology. In addition to this new section this bill would give
parents a refundable credit towards the Personal Income Tax for the
cost of a GPS Smart card purchased for their children up to
seventy-five dollars per unit. In order to receive this refundable

credit the child cannot exceed seventeen years of age.

 EXISTING LAW :
STATUS:
S.7164 ADAMS    No Same as
ON FILE: 03/17/08 Executive Law

TITLE....Establishes a GPS Smartcard Advisory Council; and provides a
personal income tax credit for the purchase of a GPS Smartcard
03/14/08 REFERRED TO FINANCE

 JUSTIFICATION :
In New York State there are a great number of children that come up
missing each day. There are a variety of forms that a parent can lose
track of their child; runaway, kidnapped, lost, etc. By creating this
new council to oversee global tracking devices for children, parents
increase their chances of tracking their children if anything
unexpected happens to them. It also assists police officials a great
deal when a child is reported missing and they are running an
investigation. By providing a refundable tax credit when parents
purchase the GPS Smartcard, more parents will be in the financial
position to purchase the device for their child/children. This will
not only help parents and police officials but it will also provide
additional security for the child who carries one of these tracking
devices.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This Act shall take effect immediately; provided, that the members of
the GPS Smart card technology advisory council established pursuant to
section one of this act shall have become a law; and provided, further
that the tax credit for GPS Smart cards provided by section two of
this act shall apply to taxable years beginning on and after the first
of January next succeeding the date on which this act shall have
become a law.

2009-S2645 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2645

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced  by  Sens. ADAMS, FOLEY, MONSERRATE, PARKER -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Finance

AN  ACT  to  amend  the executive law, in relation to establishing a GPS
  smartcard technology advisory council and to amend  the  tax  law,  in
  relation to providing a personal income tax credit for the purchase of
  smart chip global tracking (GPS) smartcard for kids

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The executive law is amended by adding a new section  837-s
to read as follows:
  S 837-S. GPS SMARTCARD TECHNOLOGY ADVISORY COUNCIL. 1. THERE IS HEREBY
ESTABLISHED IN THE OFFICE A GPS SMARTCARD TECHNOLOGY ADVISORY COUNCIL TO
ADVISE  THE  OFFICE  ON LOCATOR TECHNOLOGY, INCLUDING GLOBAL POSITIONING
TECHNOLOGY. SUCH COUNCIL SHALL CONSIST OF EIGHT PERSONS SELECTED BY  THE
DIRECTOR  OF  WHOM  FIVE  SHALL  BE MEMBERS OF THE MISSING AND EXPLOITED
CHILDREN CLEARING HOUSE OF THE DIVISION AND THREE SHALL  BE  INDIVIDUALS
WITH  AT  LEAST  FIVE  YEARS  OF EXPERIENCE IN THE TECHNOLOGY OF LOCATOR
SYSTEMS AND/OR GLOBAL POSITIONING SYSTEM TECHNOLOGY. THE MEMBERS OF  THE
ADVISORY  COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES HERE-
UNDER, BUT SHALL BE ENTITLED  TO  REIMBURSEMENT  FOR  THEIR  ACTUAL  AND
NECESSARY  TRAVELING  AND  OTHER EXPENSES INCURRED BY THEM IN CONNECTION
WITH THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
  2. THE COUNCIL SHALL, AFTER  INVESTIGATION  AND  UPON  MAJORITY  VOTE,
FORWARD  TO  THE  DIRECTOR RECOMMENDATIONS ON LOCATOR TECHNOLOGY MODELS,
INCLUDING GPS SMARTCARDS, AVAILABLE FOR PURCHASE  BY  INDIVIDUALS  WHICH
WOULD  HELP  PARENTS  IN LOCATING THEIR CHILDREN.  IF THE DIRECTOR SHALL
AGREE WITH THE RECOMMENDATIONS, THE DIRECTOR MAY PROMULGATE SUCH LIST AS
A REGULATION OF THE DEPARTMENT,  AND  SHALL  FORWARD  THE  LIST  TO  THE
COMMISSIONER  OF  TAXATION AND FINANCE.   SUCH LIST SHALL BE UPDATED NOT
LATER THAN ONCE EACH YEAR, ON OR BEFORE NOVEMBER FIRST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04985-01-9

S. 2645                             2

  S 2. Section 606 of the tax law is amended by adding a new  subsection
(qq) to read as follows:
  (QQ) CREDIT FOR PURCHASE OF GPS SMARTCARD. A TAXPAYER SHALL BE ALLOWED
A  CREDIT AS HEREINAFTER PROVIDED, AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE FOR THE PURCHASE, OTHER  THAN  FOR  RESALE,  OF  GLOBAL  POSITIONING
SMARTCARD  THAT  HAS  BEEN RECOMMENDED PURSUANT TO SECTION EIGHT HUNDRED
THIRTY-SEVEN-S OF THE EXECUTIVE LAW. THE AMOUNT OF THE CREDIT  SHALL  BE
THE  COST TO THE TAXPAYER OF SUCH GLOBAL POSITIONING SMARTCARD PURCHASED
DURING THE TAXABLE YEAR, SUCH CREDIT NOT TO EXCEED SEVENTY-FIVE  DOLLARS
WITH  RESPECT  TO  EACH  UNIT  PURCHASED,  PROVIDED, HOWEVER, THAT (1) A
TAXPAYER SHALL NOT BE ENTITLED TO CLAIM THE CREDIT  AUTHORIZED  BY  THIS
SUBSECTION  MORE  OFTEN  THAN  ONCE  DURING  ANY PERIOD OF THREE TAXABLE
YEARS; AND (2) THE TAXPAYER SHALL NOT BE ENTITLED TO CREDIT  UNLESS  THE
GPS  SMARTCARD SHALL HAVE BEEN PURCHASED FOR AN ELIGIBLE CHILD LESS THAN
SEVENTEEN YEARS OF AGE.
  S 3. This act  shall  take  effect  immediately;  provided,  that  the
members  of  the  GPS  smartcard technology advisory council established
pursuant to section one of this act shall be selected no later  than  90
days  after this act shall have become a law; and provided, further that
the tax credit for GPS smartcards provided by section two  of  this  act
shall apply to taxable years beginning on and after the first of January
next succeeding the date on which this act shall have become a law.

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Senate Bill S2645

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Eric Adams