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A05950 Summary:

BILL NOA05950A
 
SAME ASSAME AS S02411-A
 
SPONSORLavine (MS)
 
COSPNSRBrindisi, Sepulveda, McDonald, Otis, Mosley
 
MLTSPNSREnglebright, Galef
 
Amd §606, Tax L
 
Relates to a credit for purchase, construction or retrofitting of a principal residence to achieve universal visitability pursuant to guidelines developed by the division of code enforcement and administration within the department of state; caps tax credits awarded at 1 million dollars per year for 5 years.
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A05950 Actions:

BILL NOA05950A
 
02/17/2017referred to ways and means
05/16/2017amend (t) and recommit to ways and means
05/16/2017print number 5950a
05/22/2017reported referred to rules
05/22/2017reported
05/22/2017rules report cal.68
05/22/2017ordered to third reading rules cal.68
05/22/2017passed assembly
05/22/2017delivered to senate
05/22/2017REFERRED TO RULES
06/06/2017SUBSTITUTED FOR S2411A
06/06/20173RD READING CAL.1061
06/12/2017PASSED SENATE
06/12/2017RETURNED TO ASSEMBLY
10/11/2017delivered to governor
10/23/2017vetoed memo.158
10/23/2017tabled
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A05950 Committee Votes:

WAYS AND MEANS Chair:Farrell DATE:05/22/2017AYE/NAY:34/0 Action: Favorable refer to committee Rules
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttAyeFitzpatrickAye
WeinsteinAyeHawleyAye
GlickAyeMalliotakisAye
NolanAyeWalterAye
PretlowAyeMontesanoAye
PerryAyeCurranAye
ColtonAyeRaAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
CusickAye
OrtizExcused
BenedettoAye
MoyaAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye
McDonaldAye
RozicAye

RULES Chair:Heastie DATE:05/22/2017AYE/NAY:28/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeOaksAye
LentolAyeButlerAye
FarrellAyeCrouchAye
GanttAyeFinchExcused
NolanAyeBarclayAye
WeinsteinAyeRaiaAye
HooperAyeHawleyAye
OrtizExcused
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
GalefAye
PaulinAye
TitusExcused
Peoples-StokesAye

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A05950 Floor Votes:

DATE:05/22/2017Assembly Vote  YEA/NAY: 140/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Simanowitz
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simon
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simotas
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Skartados
Yes
Barclay
Yes
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skoufis
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
ER
Solages
Yes
Barrett
Yes
DenDekker
ER
Hevesi
Yes
Malliotakis
Yes
Peoples-Stokes
Yes
Stec
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Perry
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pichardo
Yes
Thiele
ER
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pretlow
Yes
Titone
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
ER
McLaughlin
Yes
Quart
ER
Titus
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Ra
Yes
Vanel
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Raia
Yes
Walker
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Ramos
Yes
Wallace
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Richardson
Yes
Walsh
Yes
Buchwald
ER
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
Yes
Walter
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rodriguez
Yes
Weinstein
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weprin
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Williams
ER
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Ryan
Yes
Woerner
Yes
Castorina
Yes
Garbarino
ER
Lalor
Yes
Niou
Yes
Santabarbara
Yes
Wright
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Schimminger
Yes
Zebrowski
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Seawright
Yes
Mr. Speaker
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Sepulveda

‡ Indicates voting via videoconference
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A05950 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5950A
 
SPONSOR: Lavine (MS)
  TITLE OF BILL: An act to amend the tax law, in relation to providing a tax credit for universal visitability; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: To allow a tax credit for either new or retrofitted principal residences which are universally designed to be accessible and adaptable housing.   SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 606 of the tax law by adding a new subsection (ccc) which would provide a one-time tax credit for a newly constructed principal residence not to exceed $2,750 or for a renovated principal residence of 50% of the amount expended, not to exceed $2,750, for universal visitability. Eligibility requirements for universal visita- bility would be established through guidelines by the Department of State Division of Code Enforcement and Administration. This credit would be effective beginning January 1, 2018 until December 31, 2022.   JUSTIFICATION: This legislation provides a positive incentive for universal design changes to create accessible and adaptable housing which is important to allow individuals to age in place. Universal design changes make resi- dences accessible and user friendly for senior citizens and others with limited mobility. By providing seniors with the opportunity to age in place, this may save some of the costs associated with assisted living or nursing homes. This bill would provide and alternative for many seniors who are able to remain in place with universal design changes. It also will assist in building an inventory of residence which will have universal design to ensure accessibility. The use of a tax credit provides and incentive rather than a mandated approach.   PRIOR LEGISLATIVE HISTORY: S.6943A/A.9303B - 2016; S.2967A/A.1276 - 2015 Passed both houses and Vetoed by Governor.   FISCAL IMPLICATIONS: The total credit amount provided by the state will be capped at $1 million.   EFFECTIVE DATE: This act shall take effect immediately and shall apply to taxable years commencing on and after January 1, 2018 and shall expire and be deemed repealed December 31, 2022.
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A05950 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5950--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 17, 2017
                                       ___________
 
        Introduced  by  M.  of A. LAVINE, BRINDISI, SEPULVEDA, McDONALD, OTIS --
          Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GALEF  --  read  once  and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee

        AN  ACT  to amend the tax law, in relation to providing a tax credit for
          universal  visitability;  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:
 
     1    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
     2  subsection (ccc) to read as follows:
     3    (ccc)  Universal visitability tax credit. (1) For taxable years begin-
     4  ning on or after January first, two thousand  eighteen,  until  December
     5  thirty-first,  two  thousand  twenty-two,  a taxpayer shall be allowed a
     6  credit against the tax imposed by this article  for  a  portion  of  the
     7  total  purchase  price  paid  by such taxpayer for a principal residence
     8  attributable to universal visitability or the total amount expended by a
     9  taxpayer  to  retrofit  an  existing  principal  residence  to   achieve
    10  universal  visitability  provided  that  the  principal residence or the
    11  retrofitting of the existing principal residence is located within  this
    12  state  and designed to provide universal visitability as defined through
    13  the eligibility requirements established by guidelines developed by  the
    14  division of code enforcement and administration within the department of
    15  state.  For  the  purpose  of this subsection, principal residence shall
    16  mean such residence pursuant to section one hundred  twenty-one  of  the
    17  internal revenue code.
    18    (2)  The  credit  shall  be  allowed for the taxable year in which the
    19  principal residence has been purchased or constructed, or the  retrofit-
    20  ting  or  renovation  of  the  residence  or  residential  unit has been
    21  completed, or the year of allocation to  the  taxpayer  as  provided  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08043-03-7

        A. 5950--A                          2
 
     1  paragraph  seven  of  this  subsection.  The  credit  allowed under this
     2  subsection shall not exceed (A) twenty-seven hundred fifty  dollars  for
     3  the  purchase  of  a  new  residence,  or (B) fifty percent of the total
     4  amount  expended,  but  not to exceed twenty-seven hundred fifty dollars
     5  for the retrofitting or renovation of each existing residence or unit.
     6    (3) No credit shall be allowed under this subsection for the purchase,
     7  retrofitting or renovation of residential rental property.
     8    (4) The credit  shall  be  allowed  under  this  subsection  only  for
     9  universal  visitability  improvements made by or at the direction of the
    10  taxpayer.
    11    (5) If the amount of the credit allowable under this subsection  shall
    12  exceed  the taxpayer's tax for such year, the excess may be carried over
    13  to the following year or years and may be deducted from  the  taxpayer's
    14  tax for such year or years.
    15    (6) Eligible taxpayers shall apply for the credit through the division
    16  of  code  enforcement and administration within the department of state.
    17  The division of code enforcement and administration within  the  depart-
    18  ment of state shall issue a certification for an approved application to
    19  the  taxpayer  that  states  the  amount  of the credit allocated to the
    20  taxpayer and the allocation year.
    21    (7) (A) The aggregate amount of tax credits allowed  pursuant  to  the
    22  authority  of  this  subsection  shall  be one million dollars each year
    23  during the period two thousand eighteen through two thousand twenty-two.
    24  Such aggregate amounts of credits shall be allocated by  the  department
    25  of  state  among  taxpayers  in order of priority based upon the date of
    26  filing an application for allocation of credit with the division of code
    27  enforcement and administration. If the total amount of allocated credits
    28  applied for in any particular year exceeds the aggregate amount  of  tax
    29  credits  allowed  for such year under this subsection, such excess shall
    30  be treated as having been applied for on the first day of the subsequent
    31  year.
    32    (B) The secretary of state, after consulting  with  the  commissioner,
    33  shall  promulgate  regulations  by  October  thirty-first,  two thousand
    34  seventeen to establish procedures for the allocation of tax  credits  as
    35  required  by this subparagraph. Such rules and regulations shall include
    36  provisions describing the application process, the due  dates  for  such
    37  applications, the standards which shall be used to evaluate the applica-
    38  tions,  the documentation that will be provided to taxpayers to substan-
    39  tiate to the department the amount of  tax  credits  allocated  to  such
    40  taxpayers,  and  such other provisions as deemed necessary and appropri-
    41  ate. Notwithstanding any other provisions to the contrary in  the  state
    42  administrative  procedure act, such rules and regulations may be adopted
    43  on an emergency basis if necessary to meet  such  October  thirty-first,
    44  two thousand seventeen deadline.
    45    (8)  The  department of state shall submit to the governor, the tempo-
    46  rary president of the senate, and the speaker of the assembly, an annual
    47  report to be submitted by February first of  each  year  evaluating  the
    48  effectiveness  of the universal visitability tax credit provided by this
    49  subsection. Such report shall be based on data available from the appli-
    50  cation filed with the division of code  enforcement  and  administration
    51  for universal visitability credits. Notwithstanding any provision of law
    52  to the contrary, the information contained in the report shall be public
    53  information.  The report may also include any recommendations of changes
    54  in the calculation or administration of the credit, and any other recom-
    55  mendation of the commissioner of the department of state or the division
    56  of code enforcement and administration  regarding  continuing  modifica-

        A. 5950--A                          3
 
     1  tion,  repeal  of such act, and such other information regarding the act
     2  as the division may feel useful and appropriate.
     3    § 2. This act shall take effect immediately and shall apply to taxable
     4  years  commencing  on  and after January 1, 2018 and shall expire and be
     5  deemed repealed December 31, 2022.
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A05950 LFIN:

 NO LFIN
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