assembly Bill A7613

2015-2016 Legislative Session

Relates to the sale of governmental signage or other metal property

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to economic development
Oct 30, 2015 print number 7613a
amend and recommit to economic development
May 20, 2015 referred to economic development

Bill Amendments

A7613
A7613A
A7613
A7613A

A7613 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§60 & 64, add §63-b, Gen Bus L

A7613 - Bill Texts

view summary

Relates to the sale of governmental signage or other metal property.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7613

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee on Economic Development

AN  ACT  to  amend  the general business law, in relation to the sale of
  governmental signage or other metal property

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

  Section 1. Section 60 of the general business law is amended by adding
a new subdivision 4 to read as follows:
  4.  "GOVERNMENT  ISSUED  IDENTIFICATION"  MEANS  ANY CURRENT AND VALID
OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF  THE  UNITED
STATES  OF  AMERICA,  A STATE, TERRITORY, PROTECTORATE, OR DEPENDENCY OF
THE UNITED STATES OF AMERICA,  A  COUNTY,  MUNICIPALITY  OR  SUBDIVISION
THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC EMPLOY-
ER, WHICH REQUIRES AND BEARS THE SIGNATURE OF THE PERSON TO WHOM  IT  IS
ISSUED;  PROVIDED,  HOWEVER,  THAT A SOCIAL SECURITY ACCOUNT NUMBER CARD
SHALL NOT BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION  FOR  THE
PURPOSES OF THIS ARTICLE.
  S  2. The general business law is amended by adding a new section 63-b
to read as follows:
  S 63-B. PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS  OR  HISTORICAL
MARKERS. 1.  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO
THE  CONTRARY, IT SHALL BE UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE
AS SCRAP, ANY OF THE FOLLOWING ITEMS UNLESS SUCH ITEMS ARE  OFFERED  FOR
SALE,  SOLD OR PURCHASED AS SCRAP BY A DULY AUTHORIZED EMPLOYEE OR AGENT
OF A GOVERNMENTAL ENTITY ACTING IN HIS OR HER OFFICIAL CAPACITY:
  (A) STREET SIGNS;
  (B) HISTORICAL MARKERS; OR
  (C) ANY OTHER JUNK METAL ITEMS BEARING MARKINGS  OF  ANY  GOVERNMENTAL
ENTITY.
  2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10845-01-5

A. 7613                             2

IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
THE FOLLOWING REQUIREMENTS:
  (A)  THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF THE
MUNICIPALITY OR GOVERNMENT ENTITY AUTHORIZING THE SALE OR  PURCHASE  AND
SHALL  HAVE  THE  RAISED  SEAL  OF THE GOVERNMENT ENTITY AFFIXED TO SUCH
AUTHORIZATION;
  (B) THE STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE  MATERIALS  TO
BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
  (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
AGENT OF THE GOVERNMENT ENTITY.
  3. ANY JUNK DEALER PURCHASING ANY ITEM SPECIFIED IN SUBDIVISION ONE OF
THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
  (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
  (B)  MAKE  A  COPY OF THE SELLER'S PROOF OF AUTHORIZATION TO SELL SUCH
ITEMS;
  (C) EXECUTE A STATEMENT  WHICH  SHALL  INCLUDE  THE  DRIVER'S  LICENSE
NUMBER  OR  INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION CARD, IF
ANY, OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE  IDENTIFICATION
NUMBER  OF  THE  VEHICLE  OR  VEHICLES USED TO TRANSPORT THE ITEMS TO BE
SOLD; AND
  (D) ENSURE THAT THE SELLER SIGNS THE STATEMENT REFERRED  TO  IN  PARA-
GRAPH (C) OF THIS SUBDIVISION.
  4.  THE  JUNK DEALER SHALL RETAIN A COPY OF THE STATEMENT DESCRIBED IN
SUBDIVISION THREE OF THIS  SECTION  FOR  TWO  YEARS  FROM  THE  DATE  OF
PURCHASE.
  5.  IT  SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH INFORMA-
TION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION  AS  REQUIRED  TO
PROPERLY  COMPLETE  THE STATEMENT DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION.
  6. ANY PERSON WHO VIOLATES THE PROVISIONS OF  THIS  SECTION  SHALL  BE
GUILTY  OF  A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM OF IMPRISONMENT
NOT TO EXCEED ONE YEAR OR BE ORDERED TO PAY A  FINE  NOT  EXCEEDING  ONE
THOUSAND  DOLLARS  OR  BOTH  SUCH  FINE AND IMPRISONMENT. IN ADDITION TO
OTHER PENALTIES IMPOSED, ANY JUNK DEALER WHO VIOLATES THE PROVISIONS  OF
THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
  7.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO CITIES OF THE
FIRST CLASS.
  S 3. Section 64 of the general business law  is  amended  to  read  as
follows:
  S  64.  Penalty.  [Each] UNLESS OTHERWISE SPECIFIED IN THIS ARTICLE, A
violation of ANY PROVISION OF this article, either by the  junk  dealer,
OR  BY the agent or servant thereof, and each false statement made in or
on any statement or tag [above  mentioned]  DESCRIBED  IN  THIS  ARTICLE
shall  be  a  misdemeanor and the person convicted shall, in addition to
other penalties imposed, forfeit his OR HER license to do business. [But
nothing herein contained shall] THE PROVISIONS OF THIS SECTION SHALL NOT
apply to cities of the first class.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

A7613A - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§60 & 64, add §63-b, Gen Bus L

A7613A - Bill Texts

view summary

Relates to the sale of governmental signage or other metal property.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7613--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. McDONALD -- read once and referred to the Commit-
  tee  on  Economic  Development  -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation  to  the  sale  of
  governmental signage or other metal property

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

  Section 1. Section 60 of the general business law is amended by adding
two new subdivisions 4 and 5 to read as follows:
  4. "GOVERNMENT ISSUED IDENTIFICATION"  MEANS  ANY  CURRENT  AND  VALID
OFFICIAL  FORM  OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF THE UNITED
STATES OF AMERICA, A STATE, TERRITORY, PROTECTORATE,  OR  DEPENDENCY  OF
THE  UNITED  STATES  OF  AMERICA,  A COUNTY, MUNICIPALITY OR SUBDIVISION
THEREOF, ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC  EMPLOY-
ER,  WHICH  REQUIRES AND BEARS THE SIGNATURE OF THE PERSON TO WHOM IT IS
ISSUED; PROVIDED, HOWEVER, THAT A SOCIAL SECURITY  ACCOUNT  NUMBER  CARD
SHALL  NOT  BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION FOR THE
PURPOSES OF THIS ARTICLE.
  5. "GOVERNMENT ENTITY SIGNS" MEANS TRAFFIC CONTROL  DEVICES  OR  SIGNS
USED  WITHIN THE STATE ON STREETS, HIGHWAYS, BIKEWAYS, AND PRIVATE ROADS
OPEN TO PUBLIC TRAVEL AS DESCRIBED IN THE  NATIONAL  MANUAL  ON  UNIFORM
TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD) AND/OR 17 NYCRR
CHAPTER V.
  S  2. The general business law is amended by adding a new section 63-b
to read as follows:
  S 63-B. PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS  OR  HISTORICAL
MARKERS. 1.  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO
THE  CONTRARY, IT SHALL BE UNLAWFUL TO SELL, OFFER FOR SALE, OR PURCHASE
AS SCRAP, ANY OF THE FOLLOWING ITEMS UNLESS SUCH ITEMS ARE  OFFERED  FOR
SALE,  SOLD OR PURCHASED AS SCRAP BY A DULY AUTHORIZED EMPLOYEE OR AGENT
OF A GOVERNMENTAL ENTITY ACTING IN HIS OR HER OFFICIAL CAPACITY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10845-05-5

A. 7613--A                          2

  (A) STREET SIGNS;
  (B) HISTORICAL MARKERS; OR
  (C) GOVERNMENT ENTITY SIGNS.
  2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
THE FOLLOWING REQUIREMENTS:
  (A) THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF  THE
MUNICIPALITY  OR  GOVERNMENT ENTITY AUTHORIZING THE SALE OR PURCHASE AND
SHALL HAVE THE RAISED SEAL OF THE  GOVERNMENT  ENTITY  AFFIXED  TO  SUCH
AUTHORIZATION;
  (B)  THE  STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE MATERIALS TO
BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
  (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
AGENT OF THE GOVERNMENT ENTITY.
  3. ANY JUNK DEALER PURCHASING ANY ITEM SPECIFIED IN SUBDIVISION ONE OF
THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
  (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
  (B) MAKE A COPY OF THE SELLER'S PROOF OF AUTHORIZATION  TO  SELL  SUCH
ITEMS;
  (C)  EXECUTE  A  STATEMENT  WHICH  SHALL  INCLUDE THE DRIVER'S LICENSE
NUMBER OR INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION  CARD,  IF
ANY,  OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE IDENTIFICATION
NUMBER OF THE VEHICLE OR VEHICLES USED TO  TRANSPORT  THE  ITEMS  TO  BE
SOLD; AND
  (D)  ENSURE  THAT  THE SELLER SIGNS THE STATEMENT REFERRED TO IN PARA-
GRAPH (C) OF THIS SUBDIVISION.
  4. THE JUNK DEALER SHALL RETAIN A COPY OF THE STATEMENT  DESCRIBED  IN
SUBDIVISION  THREE  OF  THIS  SECTION  FOR  TWO  YEARS  FROM THE DATE OF
PURCHASE.
  5. IT SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO  FURNISH  INFORMA-
TION  OR  TO  FURNISH INCORRECT OR INCOMPLETE INFORMATION AS REQUIRED TO
PROPERLY COMPLETE THE STATEMENT DESCRIBED IN SUBDIVISION THREE  OF  THIS
SECTION.
  6.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM  OF  IMPRISONMENT
NOT  TO  EXCEED  ONE  YEAR OR BE ORDERED TO PAY A FINE NOT EXCEEDING ONE
THOUSAND DOLLARS OR BOTH SUCH FINE  AND  IMPRISONMENT.  IN  ADDITION  TO
OTHER  PENALTIES IMPOSED, ANY JUNK DEALER WHO VIOLATES THE PROVISIONS OF
THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
  7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY  TO  CITIES  OF  THE
FIRST CLASS.
  S  3.  Section  64  of  the general business law is amended to read as
follows:
  S 64. Penalty. [Each] UNLESS OTHERWISE SPECIFIED IN  THIS  ARTICLE,  A
violation  of  ANY PROVISION OF this article, either by the junk dealer,
OR BY the agent or servant thereof, and each false statement made in  or
on  any  statement  or  tag  [above mentioned] DESCRIBED IN THIS ARTICLE
shall be a misdemeanor and the person convicted shall,  in  addition  to
other penalties imposed, forfeit his OR HER license to do business. [But
nothing herein contained shall] THE PROVISIONS OF THIS SECTION SHALL NOT
apply to cities of the first class.
  S 4. Section 69-e of the general business law is amended by adding two
new subdivisions 3 and 4 to read as follows:

A. 7613--A                          3

  3.  "GOVERNMENT  ISSUED  IDENTIFICATION"  MEANS  ANY CURRENT AND VALID
OFFICIAL FORM OF IDENTIFICATION ISSUED BY THE GOVERNMENT OF  THE  UNITED
STATES  OF  AMERICA,  A STATE, TERRITORY, PROTECTORATE, OR DEPENDENCY OF
THE UNITED STATES OF AMERICA,  A  COUNTY,  MUNICIPALITY  OR  SUBDIVISION
THEREOF,  ANY PUBLIC AGENCY OR DEPARTMENT THEREOF, OR ANY PUBLIC EMPLOY-
ER, WHICH REQUIRES AND BEARS THE SIGNATURE OF THE PERSON TO WHOM  IT  IS
ISSUED;  PROVIDED,  HOWEVER,  THAT A SOCIAL SECURITY ACCOUNT NUMBER CARD
SHALL NOT BE CONSIDERED TO BE GOVERNMENT ISSUED IDENTIFICATION  FOR  THE
PURPOSES OF THIS ARTICLE.
  4.  "GOVERNMENT  ENTITY  SIGNS" MEANS TRAFFIC CONTROL DEVICES OR SIGNS
USED WITHIN THE STATE ON STREETS, HIGHWAYS, BIKEWAYS, AND PRIVATE  ROADS
OPEN  TO  PUBLIC  TRAVEL  AS DESCRIBED IN THE NATIONAL MANUAL ON UNIFORM
TRAFFIC CONTROL DEVICES FOR STREETS AND HIGHWAYS (MUTCD) AND/OR 17 NYCRR
CHAPTER V.
  S 5. The general business law is amended by adding a new section  69-i
to read as follows:
  S  69-I.  PROHIBITION ON SALE OF GOVERNMENT ENTITY SIGNS OR HISTORICAL
MARKERS. 1. NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY,  IT  SHALL  BE  UNLAWFUL FOR ANY SCRAP PROCESSOR TO SELL,
OFFER FOR SALE, OR PURCHASE AS SCRAP, ANY OF THE FOLLOWING ITEMS  UNLESS
SUCH  ITEMS  ARE  OFFERED FOR SALE, SOLD OR PURCHASED AS SCRAP BY A DULY
AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY ACTING IN  HIS  OR
HER OFFICIAL CAPACITY:
  (A) STREET SIGNS;
  (B) HISTORICAL MARKERS; OR
  (C) GOVERNMENT ENTITY SIGNS.
  2.  A DULY AUTHORIZED EMPLOYEE OR AGENT OF A GOVERNMENTAL ENTITY SELL-
ING, OFFERING FOR SALE OR PURCHASING AS SCRAP ANY OF THE ITEMS DESCRIBED
IN SUBDIVISION ONE OF THIS SECTION SHALL  PROVIDE  WRITTEN  EVIDENCE  OF
AUTHORIZATION  TO DO SO PRIOR TO ENTERING INTO ANY TRANSACTION. EVIDENCE
OF AUTHORIZATION SHALL BE IN THE FORM OF A STATEMENT WHICH COMPLIES WITH
THE FOLLOWING REQUIREMENTS:
  (A) THE STATEMENT SHALL BE WITNESSED BY THE CLERK OR SECRETARY OF  THE
MUNICIPALITY  OR  GOVERNMENT ENTITY AUTHORIZING THE SALE OR PURCHASE AND
SHALL HAVE THE RAISED SEAL OF THE  GOVERNMENT  ENTITY  AFFIXED  TO  SUCH
AUTHORIZATION;
  (B)  THE  STATEMENT SHALL INCLUDE AN ITEMIZED LIST OF THE MATERIALS TO
BE SOLD, OFFERED FOR SALE OR PURCHASED; AND
  (C) THE STATEMENT SHALL SPECIFY THE NAME OF THE AUTHORIZED EMPLOYEE OR
AGENT OF THE GOVERNMENT ENTITY.
  3. ANY SCRAP PROCESSOR PURCHASING ANY ITEM  SPECIFIED  IN  SUBDIVISION
ONE OF THIS SECTION SHALL, AT THE TIME OF THE TRANSACTION:
  (A) MAKE A COPY OF THE SELLER'S GOVERNMENT ISSUED IDENTIFICATION;
  (B)  MAKE  A  COPY OF THE SELLER'S PROOF OF AUTHORIZATION TO SELL SUCH
ITEMS;
  (C) EXECUTE A STATEMENT  WHICH  SHALL  INCLUDE  THE  DRIVER'S  LICENSE
NUMBER  OR  INFORMATION FROM A GOVERNMENT ISSUED IDENTIFICATION CARD, IF
ANY, OF SUCH PERSON AND THE LICENSE PLATE AND/OR VEHICLE  IDENTIFICATION
NUMBER  OF  THE  VEHICLE  OR  VEHICLES USED TO TRANSPORT THE ITEMS TO BE
SOLD; AND
  (D) ENSURE THAT THE SELLER SIGNS THE STATEMENT REFERRED  TO  IN  PARA-
GRAPH (C) OF THIS SUBDIVISION.
  4.  THE SCRAP PROCESSOR SHALL RETAIN A COPY OF THE STATEMENT DESCRIBED
IN SUBDIVISION THREE OF THIS SECTION FOR TWO  YEARS  FROM  THE  DATE  OF
PURCHASE.

A. 7613--A                          4

  5.  IT  SHALL BE UNLAWFUL FOR ANY SELLER TO REFUSE TO FURNISH INFORMA-
TION OR TO FURNISH INCORRECT OR INCOMPLETE INFORMATION  AS  REQUIRED  TO
PROPERLY  COMPLETE  THE STATEMENT DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION.
  6.  ANY  PERSON  WHO  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
GUILTY OF A MISDEMEANOR AND SHALL BE SUBJECT TO A TERM  OF  IMPRISONMENT
NOT  TO  EXCEED  ONE  YEAR OR BE ORDERED TO PAY A FINE NOT EXCEEDING ONE
THOUSAND DOLLARS OR BOTH SUCH FINE  AND  IMPRISONMENT.  IN  ADDITION  TO
OTHER PENALTIES IMPOSED, ANY SCRAP PROCESSOR WHO VIOLATES THE PROVISIONS
OF THIS SECTION SHALL FORFEIT HIS OR HER LICENSE TO DO BUSINESS.
  7.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO CITIES OF THE
FIRST CLASS.
  S 6. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

assembly Bill A7614

2015-2016 Legislative Session

Relates to conducting studies on personal income tax brackets and the corporate franchise tax

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 15, 2016 held for consideration in ways and means
Jan 06, 2016 referred to ways and means
May 20, 2015 referred to ways and means

A7614 - Bill Details

Current Committee:
Law Section:
Taxation

A7614 - Bill Texts

view summary

Relates to conducting studies on personal income tax brackets and the corporate franchise tax.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7614

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M. of A. OAKS -- read once and referred to the Committee
  on Ways and Means

AN ACT creating a tax simplification and fairness study to look  at  the
  personal income tax brackets and the corporate franchise tax

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

  Section 1. The commissioner of taxation and finance  shall  conduct  a
study  to  examine  the  corresponding  income  tax  brackets and dollar
amounts that could be  enacted  if  a  proportionate  reduction  in  the
personal  income  tax  bracket and dollar amounts as provided in section
601 of the tax law for taxable years beginning  after  2011  and  before
2018  and for taxable years beginning after 2017, if all of the personal
income tax credits provided in section 606 of the tax  law  were  elimi-
nated  and  personal  income  tax receipts were forecasted to be revenue
neutral based on current law.
  S 2. The commissioner of taxation and finance shall conduct a study to
examine the corresponding reduction in the imposition of  the  corporate
franchise  tax that could be enacted if a proportionate reduction in the
imposition of the corporate franchise tax as provided  by  sections  209
and  210 of the tax law, if all the credits provided in section 210-B of
the tax law were eliminated and the  corporate  franchise  tax  receipts
were forecasted to be revenue neutral based on current law.
  S  3.  The  commissioner  of  taxation and finance shall report on the
results of the studies in section one and section two within one hundred
eighty days after this act shall have become a law.
  S 4. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10159-02-5

assembly Bill A2473A

2015-2016 Legislative Session

Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2016 held for consideration in real property taxation
Jan 06, 2016 referred to real property taxation
May 05, 2015 print number 2473a
amend and recommit to real property taxation
Jan 16, 2015 referred to real property taxation

Bill Amendments

A2473
A2473A
A2473
A2473A

A2473 - Bill Details

See Senate Version of this Bill:
S1835B
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §483, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A6501, S4261

A2473 - Bill Texts

view summary

Provides for an exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2473

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation to exemption from
  taxation of structures and buildings essential  to  the  operation  of
  agricultural and horticultural lands

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

  Section 1. Subdivisions 2 and 8 of section 483 of  the  real  property
tax law, subdivision 2 as amended by chapter 540 of the laws of 2007 and
subdivision 8 as amended by chapter 411 of the laws of 2001, are amended
to read as follows:
  2.  The  term "structures and buildings" shall include: (a) structures
and buildings or portions thereof used directly and exclusively  in  the
raising  and  production  for  sale  of  agricultural  and horticultural
commodities or necessary for the storage thereof, but not structures and
buildings or portions thereof used for the  processing  of  agricultural
and  horticultural  commodities,  or  the  retail  merchandising of such
commodities; (b) structures and buildings used to  provide  housing  for
regular  and  essential  employees  and their immediate families who are
primarily employed in connection with the operation  of  lands  actively
devoted  to agricultural and horticultural use, but not including struc-
tures and buildings occupied as a residence by  the  applicant  and  his
immediate  family;  (c) structures and buildings used as indoor exercise
arenas exclusively for training and exercising horses in connection with
the raising and production for sale of  agricultural  and  horticultural
commodities  or in connection with a commercial horse boarding operation
OR COMMERCIAL EQUINE OPERATION as defined in section three  hundred  one
of  the  agriculture  and markets law. For purposes of this section, the
term "indoor exercise arenas" shall not include riding academies or dude
ranches THAT DO NOT MEET THE DEFINITION OF COMMERCIAL  EQUINE  OPERATION
AS  DEFINED  IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-01-5

A. 2473                             2

LAW; (d) structures and buildings used in the production of maple syrup;
(e) structures and buildings used in the production of honey and beeswax
including those structures and buildings used for the storage  of  bees.
For purposes of this section, this shall not include those structures or
buildings  and portions thereof used for the sale of maple syrup or sale
of honey and beeswax. The term  "structures  and  buildings"  shall  not
include  silos, bulk milk tanks or coolers, or manure storage and handl-
ing facilities as such terms are used in section  four  hundred  eighty-
three-a of this title.
  8.  As used in this section, the term "agricultural and horticultural"
shall include the activity of raising, breeding and  boarding  of  live-
stock,  including  commercial  horse  boarding operations AND COMMERCIAL
EQUINE OPERATIONS, AS DEFINED IN SECTION THREE HUNDRED ONE OF THE  AGRI-
CULTURE AND MARKETS LAW.
  S 2. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

A2473A - Bill Details

See Senate Version of this Bill:
S1835B
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §483, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A6501, S4261

A2473A - Bill Texts

view summary

Provides for an exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2473--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Real Property  Taxation  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to exemption from
  taxation  of  structures  and  buildings essential to the operation of
  agricultural and horticultural lands

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

  Section  1.  Subdivisions  2 and 8 of section 483 of the real property
tax law, subdivision 2 as amended by chapter 540 of the laws of 2007 and
subdivision 8 as amended by chapter 411 of the laws of 2001, are amended
to read as follows:
  2. The term "structures and buildings" shall include:  (a)  structures
and  buildings  or portions thereof used directly and exclusively in the
raising and  production  for  sale  of  agricultural  and  horticultural
commodities or necessary for the storage thereof, but not structures and
buildings  or  portions  thereof used for the processing of agricultural
and horticultural commodities,  or  the  retail  merchandising  of  such
commodities;  (b)  structures  and buildings used to provide housing for
regular and essential employees and their  immediate  families  who  are
primarily  employed  in  connection with the operation of lands actively
devoted to agricultural and horticultural use, but not including  struc-
tures  and  buildings  occupied  as a residence by the applicant and his
immediate family; (c) structures and buildings used as  indoor  exercise
arenas exclusively for training and exercising horses in connection with
the  raising  and  production for sale of agricultural and horticultural
commodities or in connection with a commercial horse boarding  operation
OR  COMMERCIAL  EQUINE OPERATION as defined in section three hundred one
of the agriculture and markets law. For purposes of  this  section,  the
term "indoor exercise arenas" shall not include riding academies or dude
ranches  THAT  DO NOT MEET THE DEFINITION OF COMMERCIAL EQUINE OPERATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-05-5

A. 2473--A                          2

AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE  AND  MARKETS
LAW; (d) structures and buildings used in the production of maple syrup;
(e) structures and buildings used in the production of honey and beeswax
including  those  structures and buildings used for the storage of bees.
For purposes of this section, this shall not include those structures or
buildings and portions thereof used for the sale of maple syrup or  sale
of  honey  and  beeswax.  The  term "structures and buildings" shall not
include silos, bulk milk tanks or coolers, or manure storage and  handl-
ing  facilities  as  such terms are used in section four hundred eighty-
three-a of this title.
  8. As used in this section, the term "agricultural and  horticultural"
shall  include  the  activity of raising, breeding and boarding of live-
stock, including commercial horse  boarding  operations  AND  COMMERCIAL
EQUINE  OPERATIONS, AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRI-
CULTURE AND MARKETS LAW.
  S 2. This act shall take effect immediately and shall  only  apply  to
structures  built  on or after the next succeeding final assessment roll
date.

assembly Bill A2473

2015-2016 Legislative Session

Exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2016 held for consideration in real property taxation
Jan 06, 2016 referred to real property taxation
May 05, 2015 print number 2473a
amend and recommit to real property taxation
Jan 16, 2015 referred to real property taxation

Bill Amendments

A2473
A2473A
A2473
A2473A

A2473 - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §483, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A6501

A2473 - Bill Texts

view summary

Provides for an exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2473

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Real Property Taxation

AN ACT to amend the real property tax law, in relation to exemption from
  taxation of structures and buildings essential  to  the  operation  of
  agricultural and horticultural lands

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

  Section 1. Subdivisions 2 and 8 of section 483 of  the  real  property
tax law, subdivision 2 as amended by chapter 540 of the laws of 2007 and
subdivision 8 as amended by chapter 411 of the laws of 2001, are amended
to read as follows:
  2.  The  term "structures and buildings" shall include: (a) structures
and buildings or portions thereof used directly and exclusively  in  the
raising  and  production  for  sale  of  agricultural  and horticultural
commodities or necessary for the storage thereof, but not structures and
buildings or portions thereof used for the  processing  of  agricultural
and  horticultural  commodities,  or  the  retail  merchandising of such
commodities; (b) structures and buildings used to  provide  housing  for
regular  and  essential  employees  and their immediate families who are
primarily employed in connection with the operation  of  lands  actively
devoted  to agricultural and horticultural use, but not including struc-
tures and buildings occupied as a residence by  the  applicant  and  his
immediate  family;  (c) structures and buildings used as indoor exercise
arenas exclusively for training and exercising horses in connection with
the raising and production for sale of  agricultural  and  horticultural
commodities  or in connection with a commercial horse boarding operation
OR COMMERCIAL EQUINE OPERATION as defined in section three  hundred  one
of  the  agriculture  and markets law. For purposes of this section, the
term "indoor exercise arenas" shall not include riding academies or dude
ranches THAT DO NOT MEET THE DEFINITION OF COMMERCIAL  EQUINE  OPERATION
AS  DEFINED  IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE AND MARKETS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-01-5

A. 2473                             2

LAW; (d) structures and buildings used in the production of maple syrup;
(e) structures and buildings used in the production of honey and beeswax
including those structures and buildings used for the storage  of  bees.
For purposes of this section, this shall not include those structures or
buildings  and portions thereof used for the sale of maple syrup or sale
of honey and beeswax. The term  "structures  and  buildings"  shall  not
include  silos, bulk milk tanks or coolers, or manure storage and handl-
ing facilities as such terms are used in section  four  hundred  eighty-
three-a of this title.
  8.  As used in this section, the term "agricultural and horticultural"
shall include the activity of raising, breeding and  boarding  of  live-
stock,  including  commercial  horse  boarding operations AND COMMERCIAL
EQUINE OPERATIONS, AS DEFINED IN SECTION THREE HUNDRED ONE OF THE  AGRI-
CULTURE AND MARKETS LAW.
  S 2. This act shall take effect immediately.

Co-Sponsors

view all co-sponsors

A2473A - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §483, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A6501

A2473A - Bill Texts

view summary

Provides for an exemption from taxation of structures and buildings essential to the operation of agricultural and horticultural lands.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2473--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. MAGEE -- read once and referred to the Committee
  on Real Property  Taxation  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to exemption from
  taxation  of  structures  and  buildings essential to the operation of
  agricultural and horticultural lands

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

  Section  1.  Subdivisions  2 and 8 of section 483 of the real property
tax law, subdivision 2 as amended by chapter 540 of the laws of 2007 and
subdivision 8 as amended by chapter 411 of the laws of 2001, are amended
to read as follows:
  2. The term "structures and buildings" shall include:  (a)  structures
and  buildings  or portions thereof used directly and exclusively in the
raising and  production  for  sale  of  agricultural  and  horticultural
commodities or necessary for the storage thereof, but not structures and
buildings  or  portions  thereof used for the processing of agricultural
and horticultural commodities,  or  the  retail  merchandising  of  such
commodities;  (b)  structures  and buildings used to provide housing for
regular and essential employees and their  immediate  families  who  are
primarily  employed  in  connection with the operation of lands actively
devoted to agricultural and horticultural use, but not including  struc-
tures  and  buildings  occupied  as a residence by the applicant and his
immediate family; (c) structures and buildings used as  indoor  exercise
arenas exclusively for training and exercising horses in connection with
the  raising  and  production for sale of agricultural and horticultural
commodities or in connection with a commercial horse boarding  operation
OR  COMMERCIAL  EQUINE OPERATION as defined in section three hundred one
of the agriculture and markets law. For purposes of  this  section,  the
term "indoor exercise arenas" shall not include riding academies or dude
ranches  THAT  DO NOT MEET THE DEFINITION OF COMMERCIAL EQUINE OPERATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05588-05-5

A. 2473--A                          2

AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRICULTURE  AND  MARKETS
LAW; (d) structures and buildings used in the production of maple syrup;
(e) structures and buildings used in the production of honey and beeswax
including  those  structures and buildings used for the storage of bees.
For purposes of this section, this shall not include those structures or
buildings and portions thereof used for the sale of maple syrup or  sale
of  honey  and  beeswax.  The  term "structures and buildings" shall not
include silos, bulk milk tanks or coolers, or manure storage and  handl-
ing  facilities  as  such terms are used in section four hundred eighty-
three-a of this title.
  8. As used in this section, the term "agricultural and  horticultural"
shall  include  the  activity of raising, breeding and boarding of live-
stock, including commercial horse  boarding  operations  AND  COMMERCIAL
EQUINE  OPERATIONS, AS DEFINED IN SECTION THREE HUNDRED ONE OF THE AGRI-
CULTURE AND MARKETS LAW.
  S 2. This act shall take effect immediately and shall  only  apply  to
structures  built  on or after the next succeeding final assessment roll
date.

assembly Bill A7057

2015-2016 Legislative Session

Provides for service of subpoena and delivery of records

download bill text pdf

Sponsored By

Current Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 22, 2016 referred to judiciary
delivered to senate
passed assembly
Jan 06, 2016 ordered to third reading cal.269
returned to assembly
died in senate
May 19, 2015 referred to judiciary
delivered to senate
passed assembly
May 14, 2015 advanced to third reading cal.384
May 12, 2015 reported
Apr 22, 2015 referred to judiciary

Co-Sponsors

A7057 - Bill Details

See Senate Version of this Bill:
S5621
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2305, CPLR

A7057 - Bill Texts

view summary

Provides for service of subpoena and delivery of records.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7057

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2015
                               ___________

Introduced by M. of A. TITONE, WEINSTEIN -- (at request of the Office of
  Court  Administration)  --  read once and referred to the Committee on
  Judiciary

AN ACT to amend the civil practice law  and  rules,  in  relation  to  a
  subpoena of records for trial

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

  Section 1. Section 2305 of the civil practice law and rules is amended
by adding a new subdivision (d) to read as follows:
  (D) SUBPOENA DUCES TECUM FOR A TRIAL; SERVICE OF SUBPOENA AND DELIVERY
FOR RECORDS. WHERE A TRIAL SUBPOENA DIRECTS SERVICE  OF  THE  SUBPOENAED
DOCUMENTS  TO  THE  ATTORNEY  OR  SELF-REPRESENTED  PARTY  AT THE RETURN
ADDRESS SET FORTH IN THE SUBPOENA, A  COPY  OF  THE  SUBPOENA  SHALL  BE
SERVED  UPON  ALL  PARTIES  SIMULTANEOUSLY  AND THE PARTY RECEIVING SUCH
SUBPOENAED RECORDS, IN ANY FORMAT, SHALL DELIVER A COMPLETE COPY OF SUCH
RECORDS IN THE SAME FORMAT TO ALL OPPOSING COUNSEL AND  SELF-REPRESENTED
PARTIES WHERE APPLICABLE, FORTHWITH.
  S  2.  This act shall take effect immediately and apply to all actions
pending on or after such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09371-03-5

senate Bill S5609

2015-2016 Legislative Session

Provides for the disposition of the additional 1% sales and compensating use taxes in the county of St. Lawrence

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 15, 2016 print number 5609a
amend (t) and recommit to investigations and government operations
Jan 06, 2016 referred to investigations and government operations
May 19, 2015 referred to investigations and government operations

Bill Amendments

S5609
S5609A
S5609
S5609A

S5609 - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §1210, add §1262-t, Tax L

S5609 - Bill Texts

view summary

Provides for the disposition of the additional 1% sales and compensating use taxes in the county of St. Lawrence.

view sponsor memo
BILL NUMBER:S5609

TITLE OF BILL: An act to amend the tax law, in relation to extending
the expiration of the authority of the county of St. Lawrence to
impose an additional 1 percent sales and compensating use taxes and
providing for the disposition of net collection from such additional
taxes

PURPOSE: To extend the expiration of the authority of the county of
St. Lawrence to impose an additional 1% sales and compensating use
taxes.

SUMMARY OF PROVISIONS:

Section 1 Clause 41 of subparagraph (i) of section 1210 of the tax law
is amended to change the expiration date to November thirtieth, two
thousand seventeen.

Section 2 Tax law is amended by adding a new section 1262-t regarding
the disposition of net collections from the additional tax rate.

Section 3 Contains the effective date.

EXISTING LAW: St. Lawrence County currently has the authorization to
impose the additional tax, but it expires November thirtieth, two
thousand fifteen.

JUSTIFICATION: The County is required to fund State financial
mandates, such as Medicaid, special education programming, pensions,
and indigent defense. This additional revenue created by the tax will
allow the County to fund these mandates.

LEGISLATIVE HISTORY: New Bill

LOCAL FISCAL IMPLICATIONS: Will continue to generate revenue for St.
Lawrence County.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5609

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 19, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- 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 extending the expiration  of
  the  authority of the county of St. Lawrence to impose an additional 1
  percent sales and compensating use taxes and providing for the  dispo-
  sition of net collection from such additional taxes

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

  Section 1. Clause 41 of subparagraph (i) of the opening  paragraph  of
section  1210  of  the  tax  law, as added by chapter 191 of the laws of
2013, is amended to read as follows:
  (41) The county of St.  Lawrence  is  hereby  further  authorized  and
empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
imposing such taxes at a rate that is  one  percent  additional  to  the
three  percent  rate  authorized above in this paragraph for such county
for the period beginning  December  first,  two  thousand  thirteen  and
ending November thirtieth, two thousand [fifteen] SEVENTEEN;
  S  2. The tax law is amended by adding a new section 1262-t to read as
follows:
  S 1262-T. DISPOSITION OF NET COLLECTIONS FROM THE ADDITIONAL  RATE  OF
SALES  AND  COMPENSATING  USE  TAXES  IN  THE  COUNTY  OF  ST. LAWRENCE.
NOTWITHSTANDING ANY CONTRARY PROVISION OF LAW,  IF  THE  COUNTY  OF  ST.
LAWRENCE IMPOSES THE ADDITIONAL ONE PERCENT RATE OF SALES AND COMPENSAT-
ING  USE  TAXES AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF THIS ARTICLE
FOR ALL OR ANY OF THE PERIOD  BEGINNING  DECEMBER  FIRST,  TWO  THOUSAND
FIFTEEN AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND SEVENTEEN, THE COUN-
TY  SHALL  ALLOCATE (1) 6.437389 PERCENT OF THE NET COLLECTIONS FROM THE
ADDITIONAL ONE PERCENT TO THE CITY OF OGDENSBURG; (2) ONE-TENTH  OF  THE
NET  COLLECTIONS  FROM  THE  ADDITIONAL  ONE  PERCENT  TO  THE TOWNS AND
VILLAGES IN THE COUNTY ON THE BASIS  OF  THEIR  RESPECTIVE  POPULATIONS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11260-01-5

S. 5609                             2

DETERMINED  IN  ACCORDANCE  WITH  THE LATEST DECENNIAL FEDERAL CENSUS OR
SPECIAL POPULATION CENSUS TAKEN PURSUANT TO SECTION TWENTY OF THE GENER-
AL MUNICIPAL LAW COMPLETED AND PUBLISHED PRIOR TO THE END OF THE QUARTER
FOR  WHICH  THE  ALLOCATION  IS  MADE,  AND (3) THE REMAINDER OF THE NET
COLLECTIONS FROM THE ADDITIONAL ONE PERCENT FOR COUNTY PURPOSES. THE NET
COLLECTIONS FROM THE ADDITIONAL RATE IMPOSED PURSUANT  TO  THIS  SECTION
SHALL  BE DEPOSITED IN A SPECIAL FUND TO BE CREATED BY SUCH COUNTY SEPA-
RATE AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF  THE  COUNTY  TO  BE
USED FOR THE PURPOSES DESCRIBED IN THIS SECTION.
  S 3. This act shall take effect immediately.

S5609A - Bill Details

Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §1210, add §1262-t, Tax L

S5609A - Bill Texts

view summary

Provides for the disposition of the additional 1% sales and compensating use taxes in the county of St. Lawrence.

view sponsor memo
BILL NUMBER: S5609A

TITLE OF BILL : An act to amend the tax law, in relation to
providing for the disposition of net collection from additional sales
and compensating use taxes in the country of St. Lawrence

PURPOSE : To extend the expiration of the authority of the county of
St. Lawrence to impose an additional 1% sales and compensating use
taxes.

SUMMARY OF PROVISIONS :

Section 1 Clause 41 of subparagraph (i) of section 1210 of the tax law
is amended to change the expiration date to November thirtieth, two
thousand seventeen.

Section 2 Tax law is amended by adding a new section 1262-u regarding
the disposition of net collections from the additional tax rate.

Section 3 Contains the effective date.

EXISTING LAW : St. Lawrence County currently has the authorization
to impose the additional tax, but it expires November thirtieth, two
thousand fifteen.

JUSTIFICATION : The County is required to fund State financial
mandates, such as Medicaid, special education programming, pensions,
and indigent defense. This additional revenue created by the tax will
allow the County to fund these mandates.

LEGISLATIVE HISTORY : New Bill

LOCAL FISCAL IMPLICATIONS : Will continue to generate revenue for
St. Lawrence County.

EFFECTIVE DATE : This act shall take effect immediately.
view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5609--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 19, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- 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 providing for the disposi-
  tion of net collection from  additional  sales  and  compensating  use
  taxes in the country of St. Lawrence

  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  1262-u  to
read as follows:
  S  1262-U.  DISPOSITION OF NET COLLECTIONS FROM THE ADDITIONAL RATE OF
SALES AND  COMPENSATING  USE  TAXES  IN  THE  COUNTY  OF  ST.  LAWRENCE.
NOTWITHSTANDING  ANY  CONTRARY  PROVISION  OF  LAW, IF THE COUNTY OF ST.
LAWRENCE IMPOSES THE ADDITIONAL ONE PERCENT RATE OF SALES AND COMPENSAT-
ING USE TAXES AUTHORIZED BY SECTION TWELVE HUNDRED TEN OF  THIS  ARTICLE
FOR  ALL  OR  ANY  OF  THE PERIOD BEGINNING DECEMBER FIRST, TWO THOUSAND
SIXTEEN AND ENDING NOVEMBER THIRTIETH, TWO THOUSAND SEVENTEEN, THE COUN-
TY SHALL ALLOCATE (1) 6.437389 PERCENT OF THE NET COLLECTIONS  FROM  THE
ADDITIONAL  ONE  PERCENT TO THE CITY OF OGDENSBURG; (2) ONE-TENTH OF THE
NET COLLECTIONS FROM  THE  ADDITIONAL  ONE  PERCENT  TO  THE  TOWNS  AND
VILLAGES  IN  THE  COUNTY  ON THE BASIS OF THEIR RESPECTIVE POPULATIONS,
DETERMINED IN ACCORDANCE WITH THE LATEST  DECENNIAL  FEDERAL  CENSUS  OR
SPECIAL POPULATION CENSUS TAKEN PURSUANT TO SECTION TWENTY OF THE GENER-
AL MUNICIPAL LAW COMPLETED AND PUBLISHED PRIOR TO THE END OF THE QUARTER
FOR  WHICH  THE  ALLOCATION  IS  MADE,  AND (3) THE REMAINDER OF THE NET
COLLECTIONS FROM THE ADDITIONAL ONE PERCENT FOR COUNTY PURPOSES. THE NET
COLLECTIONS FROM THE ADDITIONAL RATE IMPOSED PURSUANT  TO  THIS  SECTION
SHALL  BE DEPOSITED IN A SPECIAL FUND TO BE CREATED BY SUCH COUNTY SEPA-
RATE AND APART FROM ANY OTHER FUNDS AND ACCOUNTS OF  THE  COUNTY  TO  BE
USED FOR THE PURPOSES DESCRIBED IN THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11260-02-6

assembly Bill A7597

Signed By Governor
2015-2016 Legislative Session

Provides for the repeal of subdivision 8 of section 4-104 of the election law, relating to the amount paid to lease a polling station

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2016 signed chap.43
May 20, 2016 delivered to governor
May 18, 2016 returned to assembly
passed senate
3rd reading cal.731
substituted for s6979
Mar 14, 2016 referred to elections
delivered to senate
passed assembly
Mar 10, 2016 advanced to third reading cal.442
Mar 09, 2016 reported
Jan 06, 2016 referred to election law
May 20, 2015 referred to election law

A7597 - Bill Details

See Senate Version of this Bill:
S6979
Law Section:
Election Law
Laws Affected:
Rpld §4-104 sub 8, amd §4-104, El L

A7597 - Bill Texts

view summary

Relates to the amount paid to lease a polling station.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7597

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Election Law

AN  ACT  to  repeal  subdivision 8 of section 4-104 of the election law,
  relating to the amount paid to lease a polling station

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

  Section  1.  Subdivision  8  of  section  4-104 of the election law is
REPEALED and subdivision 9 is renumbered subdivision 8.
  S 2. This act shall take effect immediately.








 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11042-01-5

assembly Bill A7600

2015-2016 Legislative Session

Establishes the crimes of unlawfully operating as a common carrier of property by motor vehicle transporting household goods in the first, second, and third degree

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
May 20, 2015 referred to codes

A7600 - Bill Details

See Senate Version of this Bill:
S3358A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§270.40, 270.45 & 270.50, Pen L
Versions Introduced in Previous Legislative Sessions:
2015-2016: S3358A
2013-2014: S5002A

A7600 - Bill Texts

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Establishes the crimes of unlawfully operating as a common carrier of property by motor vehicle transporting household goods in the first, second, and third degree prohibiting a person operating as a common carrier of property by motor vehicle transporting household goods if he or she is not licensed to do so.

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

                                  7600

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Codes

AN  ACT  to amend the penal law, in relation to penalties for unlawfully
  operating as a common carrier of property by motor vehicle  transport-
  ing household goods

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

  Section 1. The penal law is  amended  by  adding  three  new  sections
270.40, 270.45, and 270.50 to read as follows:
S 270.40 UNLAWFULLY  OPERATING  AS A COMMON CARRIER OF PROPERTY BY MOTOR
           VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE.
  A PERSON IS GUILTY OF UNLAWFULLY OPERATING  AS  A  COMMON  CARRIER  OF
PROPERTY  BY  MOTOR  VEHICLE  TRANSPORTING  HOUSEHOLD GOODS IN THE THIRD
DEGREE WHEN HE OR SHE OPERATES AS A COMMON CARRIER OF PROPERTY BY  MOTOR
VEHICLE  TRANSPORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION
OF HOUSEHOLD GOODS FOR COMPENSATION AND HE OR SHE IS NOT  REGISTERED  AS
REQUIRED BY SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW.
  UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE THIRD DEGREE IS A CLASS B  MISDEMEA-
NOR.
S 270.45 UNLAWFULLY  OPERATING  AS A COMMON CARRIER OF PROPERTY BY MOTOR
           VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF UNLAWFULLY OPERATING  AS  A  COMMON  CARRIER  OF
PROPERTY  BY  MOTOR  VEHICLE  TRANSPORTING HOUSEHOLD GOODS IN THE SECOND
DEGREE WHEN HE OR SHE:
  1. OPERATES AS A COMMON CARRIER OF PROPERTY BY  MOTOR  VEHICLE  TRANS-
PORTING  HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF HOUSEHOLD
GOODS FOR COMPENSATION AND HE OR SHE IS NOT REGISTERED  AS  REQUIRED  BY
SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11137-01-5

A. 7600                             2

  2.  HAS  PREVIOUSLY  BEEN  FOUND  GUILTY  OF UNLAWFULLY OPERATING AS A
COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
IN THE THIRD DEGREE PURSUANT TO SECTION 270.40 OF THIS ARTICLE.
  UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 270.50 UNLAWFULLY OPERATING AS A COMMON CARRIER OF PROPERTY  BY  MOTOR
           VEHICLE TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY  OF  UNLAWFULLY OPERATING AS A COMMON CARRIER OF
PROPERTY BY MOTOR VEHICLE TRANSPORTING  HOUSEHOLD  GOODS  IN  THE  FIRST
DEGREE WHEN HE OR SHE:
  1.  OPERATES  AS  A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANS-
PORTING HOUSEHOLD GOODS OR SOLICITS FOR THE TRANSPORTATION OF  HOUSEHOLD
GOODS  FOR  COMPENSATION  AND HE OR SHE IS NOT REGISTERED AS REQUIRED BY
SECTION ONE HUNDRED NINETY-ONE OF THE TRANSPORTATION LAW; AND
  2. HAS PREVIOUSLY BEEN FOUND  GUILTY  OF  UNLAWFULLY  OPERATING  AS  A
COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE TRANSPORTING HOUSEHOLD GOODS
IN THE SECOND DEGREE PURSUANT TO SECTION 270.45 OF THIS ARTICLE.
  UNLAWFULLY  OPERATING AS A COMMON CARRIER OF PROPERTY BY MOTOR VEHICLE
TRANSPORTING HOUSEHOLD GOODS IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

assembly Bill A7602

2015-2016 Legislative Session

Relates to liability of vehicle owners for toll collection violations

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Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to corporations, authorities and commissions
May 20, 2015 referred to corporations, authorities and commissions

A7602 - Bill Details

See Senate Version of this Bill:
S2247
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Public Authorities Law
Laws Affected:
Desig §2985 to be Title 11-A, add Title Head, amd §§2985 & 1209-a, Pub Auth L; amd §240, V & T L; amd §§2, 16-a, 16-b & 16-c, Chap 774 of 1950
Versions Introduced in 2013-2014 Legislative Session:
S7593

A7602 - Bill Texts

view summary

Relates to liability of vehicle owners for toll collection violations.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7602

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, the vehicle and traffic  law
  and  chapter  774  of  the laws of 1950, relating to agreeing with the
  state of New Jersey with respect to rules  and  regulations  governing
  traffic  on  vehicular  crossings  operated  by  the  port of New York
  authority, in  relation  to  liability  of  vehicle  owners  for  toll
  collection violations

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

  Section 1. Section 2985 of the public authorities  law  is  designated
title 11-A and a new title heading is added to read as follows:
                             TOLL COLLECTIONS
  S  2.  Subdivision 1 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  1. Notwithstanding any other provision of law, every public  authority
which  operates  a  toll highway bridge and/or tunnel facility is hereby
authorized and empowered to impose monetary liability on the owner of  a
vehicle  for  failure  [of  an operator thereof] to comply with the toll
collection regulations of such public authority in accordance  with  the
provisions of this section.
  S  3.  Subdivision 5 of section 2985 of the public authorities law, as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  5. An owner found liable for a  violation  of  toll  collection  regu-
lations  pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLLS AND OTHER  CHARGES  AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars  or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not to exceed [one] TWO hundred dollars or five times

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03423-01-5

A. 7602                             2

the toll  evaded  whichever  is  greater;  for  a  third  or  subsequent
violation  thereof  all  within  eighteen  months be liable for THE FULL
AMOUNT OF THE ASSESSED TOLLS AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary  penalty  not  to exceed [one] THREE hundred [fifty] dollars or
ten times the toll evaded whichever is greater.
  S 4. Paragraphs (a) and (b) of subdivision 7 of section  2985  of  the
public authorities law, as added by chapter 379 of the laws of 1992, are
amended to read as follows:
  (a)  A  notice  of liability shall be sent by first class mail to each
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations. Such notice shall be mailed no later than [thir-
ty]  SIXTY  days  after  the alleged violation. Personal delivery on the
owner shall not be required. A manual or  automatic  record  of  mailing
prepared  in  the  ordinary  course  of  business  shall  be prima facie
evidence of the mailing of the notice.
  (b) A notice of liability shall contain the name and  address  of  the
person  alleged  to  be  liable  as  an  owner  for  a violation of toll
collection regulations pursuant to this section, the registration number
AND STATE OF REGISTRATION of the vehicle involved in such violation, the
[location where such violation took place, the date and time] LOCATIONS,
DATES AND TIMES of such violation, THE AMOUNT OF THE ASSESSED TOLLS  AND
OTHER CHARGES AND FEES, and the identification number of the photo-moni-
toring  system  which  recorded  the violation or other document locator
number.
  S 5. Subdivision 8 of section 2985 of the public authorities  law,  as
added by chapter 379 of the laws of 1992, is amended to read as follows:
  8.  Adjudication  of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the  rules
and  regulations of the public authority serving the notice of liability
or where authorized by an administrative  tribunal  and  all  violations
shall  be  heard  and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon  the  consent  of
both  parties,  in  any  county within New York city in which the public
authority operates or maintains a facility, and in the  same  manner  as
charges  of  other  regulatory  violations  of  such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be. THE ENTITY OR ADMINISTRATIVE TRIBUNAL THAT  ADJUDICATES
LIABILITY  FOR A VIOLATION SHALL COLLECT THE FULL AMOUNT OF THE ASSESSED
TOLLS AND OTHER CHARGES AND FEES IN ADDITION  TO  THE  MONETARY  PENALTY
OWED,  AND SHALL PAY TO THE PUBLIC AUTHORITY WHOSE TOLL COLLECTION REGU-
LATIONS WERE VIOLATED THE HALF AMOUNT OF THE ASSESSED TOLLS, FULL AMOUNT
OF OTHER CHARGES AND FEES AND ONE-HALF  OF  THE  MONETARY  PENALTY,  AND
DEPOSIT REMAINING HALF AMOUNT OF THE ASSESSED TOLLS INTO THE HIGHWAY AND
BRIDGE  CAPITAL  ACCOUNT  OF THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND
ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 6. Subdivision 10 of section 2985 of the public authorities law,  as
amended  by  chapter  666  of  the  laws  of 1993, is amended to read as
follows:
  10. An owner who is a lessor of a vehicle to which a notice of liabil-
ity was issued pursuant to subdivision seven of this section  shall  not
be  liable  for the violation of the toll collection regulation provided
that he or she sends to the  public  authority  serving  the  notice  of
liability and to the court or other entity having jurisdiction a copy of
the  rental, lease or other such contract document covering such vehicle
on the date of the violation, with the name and address  of  the  lessee
clearly  legible,  within  thirty  days  after  receiving [the original]

A. 7602                             3

notice of liability. Failure to send such information within such thirty
day  time  period  shall  render  the  lessor  liable  for  the  penalty
prescribed   by  this  section.  Where  the  lessor  complies  with  the
provisions  of  this subdivision, the lessee of such vehicle on the date
of such violation shall be deemed to be the owner of  such  vehicle  for
purposes  of  this  section  and  shall  be subject to liability for the
violation of toll  collection  regulations,  provided  that  the  public
authority  mails  a  notice  of  liability to the lessee within ten days
after the court, or other entity having jurisdiction, deems  the  lessee
to  be  the  owner.  For  purposes of this subdivision the term "lessor"
shall mean any person, corporation, firm, partnership,  agency,  associ-
ation  or  organization  engaged  in  the business of renting or leasing
vehicles to any lessee under a  rental  agreement,  lease  or  otherwise
wherein  the  said  lessee has the exclusive use of said vehicle for any
period of time. For purposes of  this  subdivision,  the  term  "lessee"
shall  mean  any person, corporation, firm, partnership, agency, associ-
ation or organization that rents, leases or contracts for the use of one
or more vehicles and has exclusive use thereof for any period of time.
  S 7. Section 2985 of the public authorities law is amended  by  adding
two new subdivisions 15 and 16 to read as follows:
  15. IN ADDITION TO ANY MONETARY LIABILITY THAT MAY BE IMPOSED PURSUANT
TO THIS SECTION, A PUBLIC AUTHORITY THAT OPERATES A TOLL HIGHWAY, BRIDGE
OR  TUNNEL  FACILITY  IS  HEREBY  AUTHORIZED  AND EMPOWERED TO IMPOSE AN
ADMINISTRATIVE FEE OR FEES ON AN OWNER, AN OPERATOR OR AN ACCOUNT HOLDER
THAT HAS VIOLATED TOLL COLLECTION REGULATIONS.
  16. ANY NOTICE REQUIRED TO BE SENT PURSUANT TO THIS SECTION  BY  FIRST
CLASS  MAIL  MAY  INSTEAD  BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION. A MANUAL OR AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS
PREPARED IN THE ORDINARY COURSE OF BUSINESS SHALL BE  ADEQUATE  EVIDENCE
OF ELECTRONIC NOTICE.
  S  8.  Paragraph  b of subdivision 2 of section 240 of the vehicle and
traffic law, as added by chapter 715 of the laws of 1972, is amended  to
read as follows:
  b.  No  charge  may  be  established  except upon proof by substantial
evidence; EXCEPT THAT FOR AN ALLEGATION OF LIABILITY IN ACCORDANCE  WITH
SECTION  TWO THOUSAND NINE HUNDRED EIGHTY-FIVE OF THE PUBLIC AUTHORITIES
LAW OR SECTIONS SIXTEEN-A, SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER  SEVEN
HUNDRED  SEVENTY-FOUR  OF  THE LAWS OF NINETEEN HUNDRED FIFTY, NO CHARGE
MAY BE ESTABLISHED EXCEPT UPON PROOF BY  PREPONDERANCE  OF  EVIDENCE  AS
SUBMITTED.
  S 9. Section 1209-a of the public authorities law is amended by adding
a new subdivision 11 to read as follows:
  11.  NOTICE.  ANY NOTICE OR COMMUNICATION REQUIRED TO BE SENT PURSUANT
TO THIS SECTION BY REGISTERED MAIL OR CERTIFIED MAIL MAY INSTEAD BE SENT
BY FIRST CLASS MAIL OR, WITH CONSENT, BY ELECTRONIC  MEANS  OF  COMMUNI-
CATION.
  S 10. Section 2 of chapter 774 of the laws of 1950, relating to agree-
ing  with  the state of New Jersey with respect to rules and regulations
governing traffic on vehicular crossings operated by  the  port  of  New
York authority, is amended to read as follows:
  S  2.  No  traffic  shall  be permitted in or upon vehicular crossings
except upon the payment of such tolls and other charges as may from time
to time be prescribed by the port authority. It is hereby declared to be
unlawful for any person to refuse to pay, or to evade or to  attempt  to
evade  the payment of such tolls or other charges. THE OBLIGATION TO PAY

A. 7602                             4

SUCH TOLLS AND OTHER CHARGES IS INCURRED AT THE TIME OF  ENTRY  INTO  OR
USE OF THE PARTICULAR VEHICULAR CROSSING.
  S  11.  Section  16-a  of chapter 774 of the laws of 1950, relating to
agreeing with the state of New Jersey with respect to  rules  and  regu-
lations governing traffic on vehicular crossings operated by the port of
New  York  authority,  as  added  by chapter 379 of the laws of 1992, is
amended to read as follows:
  S 16-a. Owner liability for failure of operator to  comply  with  toll
collection  regulations of the port authority. Notwithstanding any other
provision of law and in accordance  with  the  provisions  of  [section]
SECTIONS  16-b  AND  16-C of this act, an owner of a vehicle may be held
liable for failure of an  operator  thereof  to  comply  with  the  toll
collection  regulations of the port authority of New York and New Jersey
(hereinafter called port authority). The owner of  a  vehicle  shall  be
liable  pursuant  to  this  section if such vehicle was used or operated
with the permission of the owner, express or implied,  in  violation  of
the  toll  collection  regulations  of  the  port  authority,  and  such
violation is evidenced by information obtained from  a  photo-monitoring
system,  provided,  however,  that no owner of a vehicle shall be liable
where the operator of such vehicle has been convicted of a violation  of
those toll collection regulations for the same incident.
  S  12.  Subdivision  d  of  section 16-b of chapter 774 of the laws of
1950, relating to agreeing with the state of New Jersey with respect  to
rules  and regulations governing traffic on vehicular crossings operated
by the port of New York authority, as added by chapter 379 of  the  laws
of 1992, is amended to read as follows:
  d.  (i)  A  notice  of liability shall be sent by first class mail OR,
WITH CONSENT, BY  ELECTRONIC  MEANS  OF  COMMUNICATION  to  each  person
alleged  to  be  liable  as  an  owner  for a violation pursuant to this
section of the toll collection regulations of the port  authority.  Such
notice  shall  be  [mailed] SENT no later than [thirty] SIXTY days after
the alleged violation. Personal delivery  on  the  owner  shall  not  be
required.  A  manual or automatic record of [mailing] SENDING THE NOTICE
prepared in the  ordinary  course  of  business  shall  be  prima  facie
evidence of the [mailing] SENDING of the notice.
  (ii)  A  notice of liability shall contain the name and address of the
person alleged to be liable as an owner for  a  violation  of  the  toll
collection  regulations  of the port authority pursuant to this section,
the registration  number  AND  STATE  OF  REGISTRATION  of  the  vehicle
involved  in  such  violation,  the  [location where such violation took
place, the date and time] LOCATIONS, DATES AND TIMES THAT FORM THE BASIS
of such violation, THE AMOUNT OF THE ASSESSED TOLLS  AND  OTHER  CHARGES
and  the  identification  number  of  the  photo-monitoring system which
recorded the violation or other document locator number.
  (iii) The notice of liability shall contain information  advising  the
person  charged  of  the manner and the time in which he may contest the
liability alleged in the notice. Such notice  of  liability  shall  also
contain  a warning to advise the persons charged that failure to contest
in the manner and time provided shall be deemed an admission of  liabil-
ity and that a default judgment may be entered thereon.
  (iv)  The  notice  of liability shall be prepared and [mailed] SENT by
the port authority or its duly authorized agent.
  S 13. Section 16-c of chapter 774 of the laws  of  1950,  relating  to
agreeing  with  the  state of New Jersey with respect to rules and regu-
lations governing traffic on vehicular crossings operated by the port of

A. 7602                             5

New York authority, as added by chapter 379 of  the  laws  of  1992,  is
amended to read as follows:
  S  16-c.  Adjudication  of  liability.  Adjudication  of the liability
imposed upon an owner by section 16-a of this act for a violation of the
toll collection regulations of the port authority occurring  within  the
territorial  limits of the state of New York shall be in accordance with
the vehicle and traffic law of New York as set forth  in  sections  235,
236, 237, 239, 240, 241, 401, 510 and 1809 of such law, or by such enti-
ty  having  jurisdiction  over  violations  of the toll collection regu-
lations of the port authority occurring within the territorial limits of
the state of New York, provided that all violations shall be  heard  and
determined  in  the  county  in  which  the violation is alleged to have
occurred, or by consent of both parties, OR in any county in  the  state
of  New York in which the port authority operates or maintains a facili-
ty.  An owner found liable for a  violation  of  toll  collection  regu-
lations  pursuant to this section shall for a first violation thereof be
liable for THE FULL AMOUNT OF THE ASSESSED TOLL AND  OTHER  CHARGES  AND
FEES IN ADDITION TO a monetary penalty not to exceed [fifty] ONE HUNDRED
dollars  or two times the toll evaded whichever is greater; for a second
violation thereof both within eighteen months be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] TWO hundred dollars or  five  times
the  toll  evaded  whichever  is  greater;  for  a  third  or subsequent
violation thereof all within eighteen months  be  liable  for  THE  FULL
AMOUNT  OF THE ASSESSED TOLL AND OTHER CHARGES AND FEES IN ADDITION TO a
monetary penalty not to exceed [one] THREE hundred  [fifty]  dollars  or
ten  times the toll evaded whichever is greater.  THE HALF AMOUNT OF THE
ASSESSED TOLLS, AND THE FULL  AMOUNT  OF  OTHER  CHARGES  AND  FEES  AND
ONE-HALF  OF SUCH MONETARY PENALTIES COLLECTED SHALL BE PAID TO THE PORT
AUTHORITY; THE REMAINING HALF OF SUCH MONETARY PENALTIES COLLECTED SHALL
BE RETAINED OR DISTRIBUTED BY THE TRIBUNAL OR  ENTITY  ADJUDICATING  THE
VIOLATION IN ACCORDANCE WITH EXISTING LAW; AND THE REMAINING HALF AMOUNT
OF  THE  ASSESSED  TOLLS  SHALL BE DEPOSITED INTO THE HIGHWAY AND BRIDGE
CAPITAL ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  14.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law.

assembly Bill A7603

2015-2016 Legislative Session

Establishes tax credits for premiums paid for life insurance which is used for long term health care

download bill text pdf

Sponsored By

Current Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 12, 2016 print number 7603a
amend (t) and recommit to ways and means
Jan 06, 2016 referred to ways and means
May 20, 2015 referred to ways and means

Bill Amendments

A7603
A7603A
A7603
A7603A

A7603 - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§190, 210-B, 606 & 1511, Tax L

A7603 - Bill Texts

view summary

Establishes tax credits for premiums paid for life insurance which is used for long term health care; enhances tax credits for long term health care insurance premiums.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7603

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to  amend the tax law, in relation to credits for premiums paid
  for long-term care insurance policies

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

  Section 1.  Subdivision 1 of section 190 of the tax law, as amended by
section  102  of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
  1. General. A taxpayer shall be  allowed  a  credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR A LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPAR-
AGRAPH (C), (D), (E) OR (F)  OF  PARAGRAPH  ONE  OF  SUBSECTION  (A)  OF
SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09827-01-5

A. 7603                             2

  S 2. Paragraph (a) of subdivision 14 of section 210-B of the tax  law,
as  added  by section 17 of part A of chapter 59 of the laws of 2014, is
amended to read as follows:
  (a)  General.  A  taxpayer  shall  be allowed a credit against the tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES of the premium paid during the  taxable  year  for  long-term  care
insurance OR A LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPAR-
AGRAPH  (C),  (D),  (E)  OR  (F)  OF  PARAGRAPH ONE OF SUBSECTION (A) OF
SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (I) FORTY PERCENT IF THE INSURED IS LESS THAN FORTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (II)  THIRTY  PERCENT  IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE,
BUT FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (III) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (IV)  TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S 3. Paragraph 1 of subsection (aa) of section 606 of the tax law,  as
amended  by  section  1  of part P of chapter 61 of the laws of 2005, is
amended to read as follows:
  (1) Residents. A taxpayer shall be allowed a credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR A LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPAR-
AGRAPH (C), (D), (E) OR (F)  OF  PARAGRAPH  ONE  OF  SUBSECTION  (A)  OF
SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law. If  the  amount
of the credit allowable under this subsection for any taxable year shall
exceed  the taxpayer's tax for such year, the excess may be carried over
to the following year or years and may be deducted from  the  taxpayer's
tax for such year or years.
  S 4. Paragraph 1 of subdivision (m) of section 1511 of the tax law, as
amended  by  section  21 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:

A. 7603                             3

  (1) A taxpayer shall be allowed a credit against the  tax  imposed  by
this  article equal to [twenty percent] THE FOLLOWING PERCENTAGES of the
premium paid during the taxable year for long-term care insurance  OR  A
LIFE INSURANCE POLICY OR POLICY RIDER PURSUANT TO SUBPARAGRAPH (C), (D),
(E)  OR  (F)  OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND
ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A) FORTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY  OR  MORE  YEARS  OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (C) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN  FIFTY-FIVE  YEARS
OF  AGE,  BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR
THE FIRST FOUR POLICY YEARS; OR
  (D) TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS  OF  AGE
AT  THE  END  OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO HAVE HAD A
POLICY FOR FIVE YEARS OR MORE.
  In order to qualify for such credit, the  taxpayer's  premium  payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S  5. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

Co-Sponsors

Multi-Sponsors

A7603A - Bill Details

Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §§190, 210-B, 606 & 1511, Tax L

A7603A - Bill Texts

view summary

Establishes tax credits for premiums paid for life insurance which is used for long term health care; enhances tax credits for long term health care insurance premiums.

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

                                 7603--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 20, 2015
                               ___________

Introduced by M. of A. GJONAJ -- read once and referred to the Committee
  on Ways and Means -- recommitted to the Committee on Ways and Means in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the tax law and the insurance law, in relation to cred-
  its for premiums paid for long-term care insurance policies

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

  Section 1.  Subdivision 1 of section 190 of the tax law, as amended by
section  102  of part A of chapter 59 of the laws of 2014, is amended to
read as follows:
  1. General. A taxpayer shall be  allowed  a  credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSU-
ANT TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF  SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09827-03-6

A. 7603--A                          2

care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S  2. Paragraph (a) of subdivision 14 of section 210-B of the tax law,
as added by section 17 of part A of chapter 59 of the laws of  2014,  is
amended to read as follows:
  (a)  General.  A  taxpayer  shall  be allowed a credit against the tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES of the premium paid during the  taxable  year  for  long-term  care
insurance OR FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSU-
ANT  TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (I) FORTY PERCENT IF THE INSURED IS LESS THAN FORTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (II)  THIRTY  PERCENT  IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE,
BUT FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (III) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (IV)  TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S 3. Paragraph 1 of subsection (aa) of section 606 of the tax law,  as
amended  by  section  1  of part P of chapter 61 of the laws of 2005, is
amended to read as follows:
  (1) Residents. A taxpayer shall be allowed a credit  against  the  tax
imposed by this article equal to [twenty percent] THE FOLLOWING PERCENT-
AGES  of  the  premium  paid  during the taxable year for long-term care
insurance OR FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSU-
ANT TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF  SUBSECTION
(A) OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A)  FORTY  PERCENT  IF THE INSURED IS LESS THAN FORTY YEARS OF AGE AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR  THE  FIRST
FOUR POLICY YEARS;
  (C)  TWENTY-FIVE  PERCENT IF THE INSURED IS LESS THAN FIFTY-FIVE YEARS
OF AGE, BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX  YEAR  FOR
THE FIRST FOUR POLICY YEARS; OR
  (D)  TWENTY  PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS OF AGE
AT THE END OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO  HAVE  HAD  A
POLICY FOR FIVE YEARS OR MORE.
  In  order  to  qualify for such credit, the taxpayer's premium payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law. If  the  amount
of the credit allowable under this subsection for any taxable year shall
exceed  the taxpayer's tax for such year, the excess may be carried over
to the following year or years and may be deducted from  the  taxpayer's
tax for such year or years.

A. 7603--A                          3

  S 4. Paragraph 1 of subdivision (m) of section 1511 of the tax law, as
amended  by  section  21 of part B of chapter 58 of the laws of 2004, is
amended to read as follows:
  (1)  A  taxpayer  shall be allowed a credit against the tax imposed by
this article equal to [twenty percent] THE FOLLOWING PERCENTAGES of  the
premium paid during the taxable year for long-term care insurance OR FOR
A  POLICY  RIDER  TO A LIFE INSURANCE POLICY ISSUED PURSUANT TO SUBPARA-
GRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION
ONE THOUSAND ONE HUNDRED THIRTEEN OF THE INSURANCE LAW:
  (A) FORTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS  OF  AGE  AT
THE END OF THE TAX YEAR FOR THE FIRST FOUR POLICY YEARS;
  (B) THIRTY PERCENT IF THE INSURED IS LESS THAN FIFTY YEARS OF AGE, BUT
FORTY  OR  MORE  YEARS  OF AGE, AT THE END OF THE TAX YEAR FOR THE FIRST
FOUR POLICY YEARS;
  (C) TWENTY-FIVE PERCENT IF THE INSURED IS LESS THAN  FIFTY-FIVE  YEARS
OF  AGE,  BUT FIFTY OR MORE YEARS OF AGE, AT THE END OF THE TAX YEAR FOR
THE FIRST FOUR POLICY YEARS; OR
  (D) TWENTY PERCENT IF THE INSURED IS FIFTY-FIVE OR MORE YEARS  OF  AGE
AT  THE  END  OF THE TAX YEAR, AND FOR ALL OTHER INSUREDS WHO HAVE HAD A
POLICY FOR FIVE YEARS OR MORE.
  In order to qualify for such credit, the  taxpayer's  premium  payment
must be for the purchase of or for continuing coverage under a long-term
care insurance policy that qualifies for such credit pursuant to section
one thousand one hundred seventeen of the insurance law.
  S  5.  Paragraphs  1  and  2  of subsection (g) of section 1117 of the
insurance law, paragraph 1 as amended by chapter  417  of  the  laws  of
2001,  paragraph  2  as amended by section 12 of part E of chapter 63 of
the laws of 2000 and subparagraphs (A) and (B) of paragraph 2 as amended
by chapter 311 of the laws of 2002, are amended to read as follows:
  (1) Except for certain group contracts described in paragraph four  of
this subsection, in order for premium payments for long-term care insur-
ance,  OR  FOR A POLICY RIDER TO A LIFE INSURANCE POLICY ISSUED PURSUANT
TO SUBPARAGRAPH (C), (D), (E) OR (F) OF PARAGRAPH ONE OF SUBSECTION  (A)
OF SECTION ONE THOUSAND ONE HUNDRED THIRTEEN OF THIS ARTICLE, to qualify
for  purposes of section one hundred ninety, subdivision [twenty-five-a]
FOURTEEN of section two hundred [ten] TEN-B, subsection (aa) of  section
six  hundred  six[,  subsection (k) of section one thousand four hundred
fifty-six] and subsection (m) of section one thousand five hundred elev-
en of the tax law, the long-term care insurance  OR  SUCH  POLICY  RIDER
must  be  approved  by  the  superintendent pursuant to this subsection.
Prior to approving any such insurance OR POLICY RIDER,  the  superinten-
dent  shall  conclude that it meets minimum standards, including minimum
loss ratio standards under this section or section  three  thousand  two
hundred  twenty-nine  of  this chapter and is a qualified long-term care
insurance contract as defined in section 7702B of the  internal  revenue
code.
  (2)  (A)  No  insurer,  agent, broker, person, business or corporation
doing business in or into this state shall in any manner  state,  adver-
tise  or claim that a long-term care insurance policy, OR A POLICY RIDER
TO A LIFE INSURANCE POLICY ISSUED PURSUANT  TO  SUBPARAGRAPH  (C),  (D),
(E),  OR  (F) OF PARAGRAPH ONE OF SUBSECTION (A) OF SECTION ONE THOUSAND
ONE HUNDRED THIRTEEN OF THIS ARTICLE,  qualifies  for  purposes  of  the
above-referenced provisions of the tax law unless either: (i) the super-
intendent has issued a letter or other written instrument to the insurer
stating  that  the policy OR POLICY RIDER has been determined to qualify
under this subsection, or (ii) the  policy  OR  POLICY  RIDER  qualifies

A. 7603--A                          4

under paragraph four of this subsection without the need for approval by
the superintendent.
  (B)  Any policy OR POLICY RIDER which is held out or purported to be a
long-term care insurance policy by any insurer, agent,  broker,  person,
business  or  corporation doing business in or into this state which has
not been determined by the superintendent to qualify and which does  not
qualify  under  paragraph  four  of  this subsection for purposes of the
above referenced provisions of the tax law shall so state clearly, legi-
bly and in close physical proximity to any description of the policy  OR
POLICY  RIDER  as  a long-term care insurance policy that it does not so
qualify. This subsection shall also be deemed to  cover  any  statement,
advertisement  or  claim  concerning  such policy by any insurer, agent,
broker, person, business or corporation doing business in or  into  this
state.
  (C)  Violation  of  this  paragraph shall be considered a misrepresen-
tation under section [twenty-one] TWO THOUSAND ONE hundred  twenty-three
of this chapter.
  S  6. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.

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