S4813-2011 - NY Senate Open Legislation - Provides a tax credit for the purchase of new vehicles by transportation companies, which vehicles are accessible to persons with disabilities

Provides a tax credit for the purchase of new vehicles by transportation companies that provide transportation to people with disabilities.

Sponsor: FLANAGAN
Law Section: Tax Law / Law: Amd SS606 & 210, Tax L

S4813-2011 Actions

Jun 23, 2011: SUBSTITUTED BY A966B
Jun 14, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: 2ND REPORT CAL.
Jun 7, 2011: 1ST REPORT CAL.1119
Apr 27, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S4813-2011 Meetings

Investigations and Government Operations: Jun 7, 2011

S4813-2011 Calendars

Active List: Jun 23, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011 , Floor Calendar: Jun 23, 2011

S4813-2011 Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Jun 7, 2011

Ayes (7): Marcellino, Alesi, Golden, Nozzolio, Zeldin, Squadron, Diaz
Ayes W/R (1): Peralta

S4813-2011 Memo

BILL NUMBER:S4813

TITLE OF BILL:
An act
to amend the tax law, in relation to providing a tax credit for the
purchase of certain vehicles by companies that provide transportation
services to persons with disabilities; and providing for the repeal
of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
To extend and expand the tax credit
for taxicab and livery companies to upgrade vehicles so that they are
wheelchair-accessible to include the purchase of new vehicles that
are manufactured to be wheelchair-accessible.

SUMMARY OF SPECIFIC PROVISIONS:
Amends Section 606 of the tax law to create a
new subsection (tt) and amends Section 210 of the tax law to create a
new subdivision 43, to provide a credit not to exceed $10,000 per
vehicle to a company providing a livery or taxicab for the cost of
upgrading a vehicle to make it accessible for individuals with
disabilities, or for the purchase of a new vehicle that is
manufactured to be accessible;

Act taking effect immediately, and applying to all tax years
commencing on or after January 1, 2011.

JUSTIFICATION:
The $10,000 tax credit provided to taxi and livery
companies that upgrade vehicles to be accessible for people with
disabilities has been successful in encouraging investment in
accessibility in New York taxi and livery fleets. After its enactment
in 2006, the auto industry began to develop vehicles that are
accessible for people with disabilities off the assembly line, with
no need for further modification. This bill extends this tax credit
and expands it to include these vehicles.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.8505-A Passed Assembly;
2009-10: S.5657-A Senate Investigations & Government Operations Cmte.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately, and shall
apply to all tax years commencing on or after January 1, 2011;
provided, however, that the amendments to subsection (oo) of section
606 or the tax law made by section one of this act shall not affect
the repeal of such subsection and shall be deemed repealed therewith;
and provided further that the amendments to subdivision 40 of section
210 of the tax law made by section two of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.

S4813-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4813
 2011-2012 Regular Sessions
 I N  SENATE
 April 27, 2011
 
 Introduced  by Sen. FLANAGAN -- 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 providing a tax  credit  for
 the purchase of certain vehicles by companies that provide transporta
 tion  services  to  persons  with  disabilities; and providing for the
 repeal of such provisions upon expiration thereof
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. 

Section  606  of  the  tax law is amended by adding a new
 subsection (tt) to read as follows:

 (TT) CREDIT FOR COMPANIES WHO PROVIDE  TRANSPORTATION  TO  INDIVIDUALS
 WITH  DISABILITIES. (1) ALLOWANCE AND AMOUNT OF CREDIT.  A TAXPAYER, WHO
 PROVIDES  A  TAXICAB  SERVICE  AS  DEFINED  IN   SECTION   ONE   HUNDRED
 FORTY-EIGHT-A  OF  THE  VEHICLE  AND TRAFFIC LAW, OR A LIVERY SERVICE AS
 DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-E OF THE VEHICLE  AND  TRAFFIC
 LAW,  SHALL  BE  ALLOWED  A  CREDIT,  TO BE COMPUTED AS PROVIDED IN THIS
 SUBSECTION, AGAINST THE TAX IMPOSED BY THIS ARTICLE.  THE AMOUNT OF  THE
 CREDIT  SHALL BE EQUAL TO THE INCREMENTAL COST ASSOCIATED WITH UPGRADING
 A VEHICLE SO THAT IT IS ACCESSIBLE BY INDIVIDUALS WITH  DISABILITIES  AS
 DEFINED  IN  PARAGRAPH  TWO  OF THIS SUBSECTION. PROVIDED, HOWEVER, THAT
 SUCH CREDIT SHALL NOT EXCEED  TEN  THOUSAND  DOLLARS  PER  VEHICLE.  FOR
 PURPOSES OF THIS SUBSECTION, PURCHASES OF NEW VEHICLES THAT ARE INITIAL
 LY  MANUFACTURED  TO BE ACCESSIBLE FOR INDIVIDUALS WITH DISABILITIES AND
 FOR WHICH THERE IS NO COMPARABLE MAKE AND MODEL THAT  DOES  NOT  INCLUDE
 THE  EQUIPMENT  NECESSARY  TO  PROVIDE ACCESSIBILITY TO INDIVIDUALS WITH
 DISABILITIES, THE CREDIT SHALL BE TEN THOUSAND DOLLARS PER VEHICLE.
 (2) DEFINITION. THE TERM "ACCESSIBLE BY INDIVIDUALS WITH DISABILITIES"
 SHALL, FOR THE PURPOSES OF THIS SUBSECTION,  REFER  TO  A  VEHICLE  THAT
 COMPLIES  WITH FEDERAL REGULATIONS PROMULGATED PURSUANT TO THE AMERICANS
 WITH DISABILITIES ACT  APPLICABLE  TO  VANS  UNDER  TWENTY-TWO  FEET  IN
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00671-04-1
        S. 4813                             2
 LENGTH,  BY THE FEDERAL DEPARTMENT OF TRANSPORTATION, IN CODE OF FEDERAL
 REGULATIONS, TITLE 49, PARTS 37 AND 38, AND BY THE FEDERAL  ARCHITECTURE
 AND  TRANSPORTATION  BARRIERS COMPLIANCE BOARD, IN CODE OF FEDERAL REGU
 LATIONS, TITLE 36, SECTION 1192.23, AND THE FEDERAL MOTOR VEHICLE SAFETY
 STANDARDS, CODE OF FEDERAL REGULATIONS, TITLE 29, PART 57.
 (3)  APPLICATION  OF  CREDIT. IF THE AMOUNT OF THE CREDIT SHALL EXCEED
 THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL BE CARRIED OVER TO THE
 FOLLOWING YEAR OR YEARS, AND MAY BE DEDUCTED FROM THE TAXPAYER'S TAX FOR
 SUCH YEAR OR YEARS.
 

S 2. Subparagraph (B) of paragraph 1 of subsection (i) of section  606
 of  the  tax  law  is amended by adding a new clause (xxxiii) to read as
 follows:

 (XXXIII) CREDIT FOR COMPANIES WHO    AMOUNT OF CREDIT UNDER
 PROVIDE TRANSPORTATION TO            SUBDIVISION FORTY-FOUR OF
 INDIVIDUALS WITH DISABILITIES        SECTION TWO HUNDRED TEN
 UNDER SUBSECTION (TT)
 

S 3.

Section 210 of the tax law is amended by adding an  new  subdivi
 sion 44 to read as follows:

 44.  CREDIT  FOR  COMPANIES  WHO PROVIDE TRANSPORTATION TO INDIVIDUALS
 WITH DISABILITIES. (A) ALLOWANCE AND AMOUNT OF CREDIT. A  TAXPAYER,  WHO
 PROVIDES   A   TAXICAB   SERVICE  AS  DEFINED  IN  SECTION  ONE  HUNDRED
 FORTY-EIGHT-A OF THE VEHICLE AND TRAFFIC LAW, OR  A  LIVERY  SERVICE  AS
 DEFINED  IN  SECTION ONE HUNDRED TWENTY-ONE-E OF THE VEHICLE AND TRAFFIC
 LAW, SHALL BE ALLOWED A CREDIT, TO  BE  COMPUTED  AS  PROVIDED  IN  THIS
 SUBDIVISION,  AGAINST THE TAX IMPOSED BY THIS ARTICLE. THE AMOUNT OF THE
 CREDIT SHALL BE EQUAL TO THE INCREMENTAL COST ASSOCIATED WITH  UPGRADING
 A  VEHICLE  SO THAT IT IS ACCESSIBLE BY INDIVIDUALS WITH DISABILITIES AS
 DEFINED IN PARAGRAPH (B) OF THIS SUBDIVISION.  PROVIDED,  HOWEVER,  THAT
 SUCH  CREDIT  SHALL  NOT  EXCEED  TEN  THOUSAND DOLLARS PER VEHICLE. FOR
 PURPOSES OF THIS SUBDIVISION,  PURCHASES  OF  NEW  VEHICLES  THAT    ARE
 INITIALLY  MANUFACTURED  TO BE ACCESSIBLE FOR INDIVIDUALS WITH DISABILI
 TIES AND FOR WHICH THERE IS NO COMPARABLE MAKE AND MODEL THAT  DOES  NOT
 INCLUDE  THE EQUIPMENT NECESSARY TO PROVIDE ACCESSIBILITY TO INDIVIDUALS
 WITH DISABILITIES, THE CREDIT SHALL BE TEN THOUSAND DOLLARS PER VEHICLE.
 (B) DEFINITION. THE TERM "ACCESSIBLE BY INDIVIDUALS WITH DISABILITIES"
 SHALL, FOR THE PURPOSES OF THIS SUBDIVISION, REFER  TO  A  VEHICLE  THAT
 COMPLIES  WITH FEDERAL REGULATIONS PROMULGATED PURSUANT TO THE AMERICANS
 WITH DISABILITIES ACT  APPLICABLE  TO  VANS  UNDER  TWENTY-TWO  FEET  IN
 LENGTH,  BY THE FEDERAL DEPARTMENT OF TRANSPORTATION, IN CODE OF FEDERAL
 REGULATIONS, TITLE 49, PARTS 37 AND 38, AND BY THE FEDERAL  ARCHITECTURE
 AND  TRANSPORTATION  BARRIERS COMPLIANCE BOARD, IN CODE OF FEDERAL REGU
 LATIONS, TITLE 36, SECTION 1192.23, AND THE FEDERAL MOTOR VEHICLE SAFETY
 STANDARDS, CODE OF FEDERAL REGULATIONS, TITLE 49, PART 57.
 (C) APPLICATION OF CREDIT. IF THE AMOUNT OF THE  CREDIT  SHALL  EXCEED
 THE TAXPAYER'S TAX FOR SUCH YEAR THE EXCESS SHALL 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.  The  commissioner of taxation and finance shall prescribe rules
 and regulations establishing the requirements of companies to be  eligi
 ble for the credit provided by this act.
 

S 5. This act shall take effect immediately and shall remain in effect
 until December 31, 2016 when upon such date it shall be deemed repealed;
 provided  that  this  act shall be deemed to have been in full force and
 effect on December 31, 2010; and provided further that  this  act  shall
 apply to all tax years commencing on or after January 1, 2011.

S4813-2011: Provides a tax credit for the purchase of new vehicles by transportation companies, which vehicles are accessible to persons with disabilities