Senate Bill S5323A

Vetoed By Governor
2013-2014 Legislative Session

Enacts the facilitating business rapid response to state declared disaster act of 2013

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7340 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Votes

Bill Amendments

co-Sponsors

2013-S5323 - Details

See Assembly Version of this Bill:
A7340
Law Section:
Tax Law
Laws Affected:
Add Art 42 §§3100 - 3107, Tax L

2013-S5323 - Summary

Enacts the facilitating business rapid response to state declared disasters act of 2013; relates to exempting certain out-of-state businesses doing work in the state from certain taxes, fees and requirements when temporarily providing services during declared emergencies.

2013-S5323 - Sponsor Memo

2013-S5323 - Bill Text download pdf

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

                                  5323

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN ACT in relation to thresholds for establishing presence, residency or
  doing  business  in the state for out-of-state employees and companies
  including affiliates of in-state companies  that  temporarily  provide
  resources  and  personnel  in  the  state  during a state of emergency
  declared by either the governor or the president of the United States

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "Facilitating Business Rapid Response to  State  Declared  Disasters
Act of 2013".
  S  2.  For  purposes  of  this act, the following terms shall have the
following meanings:
  1. "Registered business in the state" (or "registered business") means
a business entity that is currently registered to  do  business  in  the
state prior to the declared state disaster or emergency.
  2.  "Out-of-state  business" means for purposes of this act a business
entity that has no presence in the state and conducts no business in the
state whose services are requested by a  registered  business  or  by  a
state  or  local government for purposes of performing disaster or emer-
gency related work in the state. This  shall  also  include  a  business
entity  that  is  affiliated  with  the registered business in the state
solely through common ownership.  The  "out-of-state  business"  has  no
registrations or tax filings or nexus in the state prior to the declared
state disaster or emergency.
  3.  "Out-of-state employee" means for purposes of this act an employee
who does not work in the state except for "disaster or emergency related
work" during the "disaster period".

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-01-3

              

co-Sponsors

2013-S5323A (ACTIVE) - Details

See Assembly Version of this Bill:
A7340
Law Section:
Tax Law
Laws Affected:
Add Art 42 §§3100 - 3107, Tax L

2013-S5323A (ACTIVE) - Summary

Enacts the facilitating business rapid response to state declared disasters act of 2013; relates to exempting certain out-of-state businesses doing work in the state from certain taxes, fees and requirements when temporarily providing services during declared emergencies.

2013-S5323A (ACTIVE) - Sponsor Memo

2013-S5323A (ACTIVE) - Bill Text download pdf

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

                                 5323--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sens. MAZIARZ, MARTINS, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to thresholds for  establishing
  presence,  residency  or  doing business in the state for out-of-state
  companies including affiliates of in-state companies that  temporarily
  provide  resources  and personnel in the state during a state of emer-
  gency declared by the governor or the President of the United States

  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 article 42 to read
as follows:
                               ARTICLE 42
     FACILITATING BUSINESS RAPID RESPONSE TO STATE DECLARED DISASTER
SECTION 3100. SHORT TITLE.
        3101. DEFINITIONS.
        3102. BUSINESS AND EMPLOYEE STATUS DURING DISASTER PERIOD.
        3103. TRANSACTION TAXES AND FEES.
        3104. BUSINESS OR EMPLOYEE ACTIVITY AFTER DISASTER PERIOD.
        3105. NOTIFICATION  OF  OUT-OF-STATE  BUSINESS  DURING  DISASTER
                PERIOD.
        3106. NOTIFICATION OF INTENT TO REMAIN IN STATE.
        3107. SEVERABILITY.
  S  3100.  SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "FACILITATING BUSINESS RAPID RESPONSE TO  STATE  DECLARED  DISASTERS
ACT OF 2013".
  S 3101. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10903-02-3

S. 5323--A                          2
              

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