Senate Bill S1286A

2011-2012 Legislative Session

Establishes a tax credit for personal property replacement as a result of bedbug infestation

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2012	print number 1286a
Jan 11, 2012	amend and recommit to investigations and government operations
Jan 04, 2012	referred to investigations and government operations
Jan 06, 2011	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2011-S1286 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7065
2013-2014: S511
2015-2016: S3041
2017-2018: S2342

2011-S1286 - Summary

Establishes a tax credit for personal property replacement as a result of bedbug infestation; credit of 15% not to exceed $750; certification determined by commissioner.

2011-S1286 - Sponsor Memo

                                BILL NUMBER:S1286

TITLE OF BILL:
An act
to amend the tax law, in relation to establishing a tax
credit for personal property replacement as a result of bedbug
infestation

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to offer a 15% tax credit towards
the replacement of personal property destroyed by bedbugs up to $750.

SUMMARY OF SPECIFIC PROVISIONS:
The bill will amend section 606 of the tax law to add subsection qq:

1. Allowing an individual to receive a credit against the personal tax
imposed by this article equal to fifteen percent of qualified
personal property replacement expenditures and not to exceed $750.

2a. The term "qualified personal property replacement expenditures"
means expenditures made for the replacement of personal property due
to bedbug damage.

b. Such qualified expenditures shall include but not be limited to
furniture, rugs or other home goods that may be damaged by bedbug
infestation.

c. Such qualified personal property replacement expenditures shall not
include interest or other finance charges.

3. certification for credit allowance. The commissioner shall
determine the procedure for certification for the credit authorized
pursuant to this subsection.

JUSTIFICATION:
The recent bedbug epidemic has brought legitimate suffering to New
Yorkers statewide. victims have contracted bedbugs from neighbors,
hotel stays and a variety of other means. In addition to social
stigma, the afflicted have experienced economic hardship as a result
of the loss of furniture, bedding, clothing and other belongings that
must be discarded during the extermination process. Bedbug
infestations are not covered by most varieties of renters or
homeowners insurance and this bill would offer a modest tax credit to
assist affected New Yorkers.

PRIOR LEGISLATIVE HISTORY:

2010: S.7065 (Duane), Died in Investigations and Gov't Ops;
A.1008 (Rosenthal), Died in Ways and Means.

FISCAL IMPLICATIONS:
Undetermined.

EFFECTIVE DATE:


This act shall take effect immediately and shall apply to taxable
years beginning on and after the first of January next succeeding
the date on which it shall have become a law.

2011-S1286 - Bill Text download pdf

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

                                  1286

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to establishing  a  tax  credit
  for personal property replacement as a result of bedbug infestation

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

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (ss) to read as follows:
  (SS)  PERSONAL PROPERTY REPLACEMENT CREDIT. (1) GENERAL. AN INDIVIDUAL
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE EQUAL TO FIFTEEN PERCENT OF QUALIFIED PERSONAL PROPERTY  REPLACEMENT
EXPENDITURES, AND NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS.
  (2) QUALIFIED PERSONAL PROPERTY REPLACEMENT EXPENDITURES. (A) THE TERM
"QUALIFIED  PERSONAL  PROPERTY  REPLACEMENT EXPENDITURES" MEANS EXPENDI-
TURES MADE FOR THE  REPLACEMENT  OF  PERSONAL  PROPERTY  DUE  TO  BEDBUG
DAMAGE.
  (B)  SUCH  QUALIFIED  EXPENDITURES SHALL INCLUDE BUT NOT BE LIMITED TO
FURNITURE, RUGS OR OTHER HOME GOODS THAT MAY BE DAMAGED BY BEDBUG INFES-
TATION.
  (C) SUCH QUALIFIED PERSONAL PROPERTY  REPLACEMENT  EXPENDITURES  SHALL
NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES.
  (3)  CERTIFICATION FOR CREDIT ALLOWANCE. THE COMMISSIONER SHALL DETER-
MINE THE PROCEDURE FOR CERTIFICATION FOR THE CREDIT AUTHORIZED  PURSUANT
TO THIS SUBSECTION.
  S 2. This act shall take effect immediately and shall apply to taxable
years  beginning  on  and after the first of January next succeeding the
date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01188-01-1

2011-S1286A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7065
2013-2014: S511
2015-2016: S3041
2017-2018: S2342

2011-S1286A (ACTIVE) - Summary

Establishes a tax credit for personal property replacement as a result of bedbug infestation; credit of 15% not to exceed $750; certification determined by commissioner.

2011-S1286A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1286A

TITLE OF BILL:
An act
to amend the tax law, in relation to establishing a tax
credit for personal property replacement as a result of bedbug
infestation

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to offer a 15% tax credit towards
the replacement of personal property destroyed by bedbugs up to $750.

SUMMARY OF SPECIFIC PROVISIONS:
The bill will amend section 606 of the tax law to add subsection uu:

1. Allowing an individual to receive a credit against the personal tax
imposed by this article equal to fifteen percent of qualified
personal property replacement expenditures and not to exceed $750.

2a. The term "qualified personal property replacement expenditures"
means expenditures made for the replacement of personal property due
to bedbug damage.

b. Such qualified expenditures shall include but not be limited to
furniture, rugs or other home goods that may be damaged by bedbug
infestation.

c. Such qualified personal property replacement expenditures shall not
include interest or other finance charges.

3. certification for credit allowance. The commissioner shall
determine the procedure for certification for the credit authorized
pursuant to this subsection.

JUSTIFICATION:
The recent bedbug epidemic has brought legitimate suffering to New
Yorkers statewide. victims have contracted bedbugs from neighbors,
hotel stays and a variety of other means. In addition to social
stigma, the afflicted have experienced economic hardship as a result
of the loss of furniture, bedding, clothing and other belongings that
must be discarded during the extermination process. Bedbug
infestations are not covered by most varieties of renters or
homeowners insurance and this bill would offer a modest tax credit to
assist affected New Yorkers.

PRIOR LEGISLATIVE HISTORY:

2010: S.7065 (Duane), Died in Investigations and Gov't Ops;
A.1008 (Rosenthal), Died in Ways and Means.

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable
years beginning on and after the first of January next succeeding
the date on which it shall have become a law.

2011-S1286A (ACTIVE) - Bill Text download pdf

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

                                 1286--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- recommitted to the Committee on Investigations  and
  Government  Operations  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the tax law, in relation to establishing a tax credit
  for personal property replacement as a result of bedbug infestation

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

  Section  1.  Section  606  of  the  tax law is amended by adding a new
subsection (uu) to read as follows:
  (UU) PERSONAL PROPERTY REPLACEMENT CREDIT. (1) GENERAL. AN  INDIVIDUAL
TAXPAYER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTI-
CLE  EQUAL TO FIFTEEN PERCENT OF QUALIFIED PERSONAL PROPERTY REPLACEMENT
EXPENDITURES, AND NOT TO EXCEED SEVEN HUNDRED FIFTY DOLLARS.
  (2) QUALIFIED PERSONAL PROPERTY REPLACEMENT EXPENDITURES. (A) THE TERM
"QUALIFIED PERSONAL PROPERTY REPLACEMENT  EXPENDITURES"  MEANS  EXPENDI-
TURES  MADE  FOR  THE  REPLACEMENT  OF  PERSONAL  PROPERTY DUE TO BEDBUG
DAMAGE.
  (B) SUCH QUALIFIED EXPENDITURES SHALL INCLUDE BUT NOT  BE  LIMITED  TO
FURNITURE, RUGS OR OTHER HOME GOODS THAT MAY BE DAMAGED BY BEDBUG INFES-
TATION.
  (C)  SUCH  QUALIFIED  PERSONAL PROPERTY REPLACEMENT EXPENDITURES SHALL
NOT INCLUDE INTEREST OR OTHER FINANCE CHARGES.
  (3) CERTIFICATION FOR CREDIT ALLOWANCE. THE COMMISSIONER SHALL  DETER-
MINE  THE PROCEDURE FOR CERTIFICATION FOR THE CREDIT AUTHORIZED PURSUANT
TO THIS SUBSECTION.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on and after the first of January  next  succeeding  the
date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01188-02-2

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Senate Bill S1286A

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2011-S1286 - Details

2011-S1286 - Summary

2011-S1286 - Sponsor Memo

2011-S1286 - Bill Text download pdf

2011-S1286A (ACTIVE) - Details

2011-S1286A (ACTIVE) - Summary

2011-S1286A (ACTIVE) - Sponsor Memo

2011-S1286A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2011-S1286 - Details

2011-S1286 - Summary

2011-S1286 - Sponsor Memo

2011-S1286 - Bill Text download pdf

2011-S1286A (ACTIVE) - Details

2011-S1286A (ACTIVE) - Summary

2011-S1286A (ACTIVE) - Sponsor Memo

2011-S1286A (ACTIVE) - Bill Text download pdf

Comments