Establishes a tax free time period for storm related products for the month of September.
TITLE OF BILL: An act to amend the tax law, in relation to establishing a tax free time period for storm related products for the month of September
PURPOSE To provide a "tax free" week allowing residents to purchase certain "storm related" products free of State of New York tax.
SUMMARY OF PROVISIONS: Section 1. Section 1115 of the tax law is amended by adding a new subdivision (hh) to exempt named storm related products from taxes imposed by this article.
Subsection 2. Lists the products to be included under this article.
EXISTING LAW: Under current laws, these products are subject to New York State sales tax.
JUSTIFICATION: The State of Florida currently has in place an annual two week "sales tax holiday for hurricane preparedness" which allows a sales tax exemption on identified hurricane preparedness items purchased during this time. As this is just before the start of their annual hurricane season, this has proven to be an excellent opportunity to get citizens properly equipped and to promote emergency preparedness in the home.
Similarly, enactment of a tax free week for storm related materials would give New Yorkers the opportunity to purchase the items they need to deal with winter storms.
Unexpected storms, such as the "October Surprise" which struck western New York in October 2006 took residents by surprise. The storm left homes without power for extended periods and created hardships that caused many too hastily purchase emergency supplies such as lanterns batteries, coolers and gasoline operated generators.
Enactment of this measure would not only provide the sales tax upcoming winter storm a so raise the awareness of residents as to the season.
LEGISLATIVE HISTORY: 2007-08: S.6629 Referred to Investigations & Government Operations 2009-10: S.2441/A.8818 Referred to Investigations & Government Operations
FISCAL IMPLICATIONS: To be determined.
LOCAL FISCAL IMPLICATIONS: None to localities unless they agree to drop local sales tax share.
EFFECTIVE DATE: 180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 3105--A 2011-2012 Regular Sessions IN SENATE February 8, 2011 ___________Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the tax law, in relation to establishing a tax free time period for storm related products for the month of September THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1115 of the tax law is amended by adding a new subdivision (hh) to read as follows: (HH) (1) RECEIPTS FROM THE RETAIL SALE OF STORM RELATED PRODUCTS SHALL BE EXEMPT FROM TAXES IMPOSED BY THIS ARTICLE FOR THE MONTH OF SEPTEMBER. (2) STORM RELATED PRODUCTS SHALL INCLUDE SNOWBLOWERS, ELECTRIC SHOV- ELS, SHOVELS, ROOF RAKES, ICE CHOPPERS, ROCK SALT OR CALCIUM CHLORIDE PELLETS, GENERATORS, EXTENSION CORDS, POWER STRIPS, PORTABLE ELECTRIC HEATERS, PORTABLE BATTERY OR SELF OPERATED RADIOS, BATTERY OR SELF POWERED FLASHLIGHTS, BATTERY OR SELF POWERED LANTERNS, PORTABLE SELF POWERED LIGHT SOURCES SUCH AS CHEMLIGHTS AND LIGHT STICKS, FUEL CONTAIN- ERS, BATTERIES, POWER INVERTERS, BATTERY OR SELF POWERED WEATHER BAND RADIOS, CELL PHONE CHARGERS, CARBON MONOXIDE DETECTORS, SMOKE DETECTORS, AUXILIARY SUMP PUMPS AND FIRE EXTINGUISHERS. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07711-02-2