S533-2013 Actions

• Jan 9, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S533-2013 Memo

BILL NUMBER:S533

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 (ii) to exempt named storm related products from taxes
imposed by this article.

Section 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
2011-12: S.3105/A.3356 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.

S533-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          533
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Investigations and Govern
 ment Operations
 

AN ACT to amend the tax law, in relation to establishing a tax 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 (ii) to read as follows:

 (II) (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.
 LBD02416-01-3

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