A09005 Summary:
BILL NO | A09005 |
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SAME AS | No Same As |
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SPONSOR | Lavine |
  | |
COSPNSR | Lifton, Romeo, Otis, Buttenschon, Santabarbara, Seawright, Weprin |
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MLTSPNSR | |
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Amd §606, Tax L | |
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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. |
A09005 Actions:
BILL NO | A09005 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/10/2020 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
01/22/2020 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/23/2020 | advanced to third reading cal.349 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2020 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2020 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/29/2020 | REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS |
A09005 Committee Votes:
Weinstein | Aye | Ra | Aye | ||||||
Lentol | Aye | Crouch | Aye | ||||||
Schimminger | Excused | Fitzpatrick | Aye | ||||||
Gantt | Excused | Hawley | Aye | ||||||
Glick | Aye | Malliotakis | Aye | ||||||
Nolan | Excused | Montesano | Aye | ||||||
Pretlow | Aye | Blankenbush | Aye | ||||||
Perry | Aye | Palmesano | Aye | ||||||
Colton | Aye | Norris | Aye | ||||||
Cook | Aye | Brabenec | Aye | ||||||
Cahill | Aye | ||||||||
Aubry | Aye | ||||||||
Thiele | Aye | ||||||||
Cusick | Aye | ||||||||
Ortiz | Aye | ||||||||
Benedetto | Aye | ||||||||
Weprin | Aye | ||||||||
Rodriguez | Aye | ||||||||
Ramos | Aye | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Simotas | Aye | ||||||||
Dinowitz | Aye | ||||||||
Miller | Aye | ||||||||
Go to top
A09005 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Cruz
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Smullen
No
Aubry
Yes
Cymbrowitz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barclay
Yes
Darling
Yes
Glick
ER
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barnwell
Yes
Raynor
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Steck
Yes
Barrett
ER
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stern
Yes
Barron
Yes
De La Rosa
Yes
Griffin
ER
McDonough
Yes
Ramos
Yes
Stirpe
Yes
Benedetto
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Reilly
Yes
Tague
Yes
Bichotte
ER
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Rivera
Yes
Vanel
Yes
Brabenec
ER
Dinowitz
Yes
Hyndman
Yes
Miller ML
ER
Rodriguez
Yes
Walczyk
Yes
Braunstein
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
ER
Romeo
Yes
Walker
Yes
Bronson
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rosenthal D
Yes
Wallace
Yes
Buchwald
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal L
Yes
Walsh
ER
Burke
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weinstein
Yes
Buttenschon
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Weprin
Yes
Byrne
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Salka
Yes
Williams
Yes
Byrnes
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Santabarbara
Yes
Woerner
Yes
Cahill
Yes
Fernandez
ER
Kolb
Yes
Ortiz
Yes
Sayegh
Yes
Wright
Yes
Carroll
ER
Finch
Yes
Lalor
Yes
Otis
ER
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Schmitt
Yes
Mr. Speaker
Yes
Cook
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Seawright
‡ Indicates voting via videoconference
A09005 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A9005 SPONSOR: Lavine
  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 OR GENERAL IDEA OF BILL: To allow a tax credit for either new or retrofitted principal residences which are universally designed to be accessible and adaptable housing.   SUMMARY OF PROVISIONS: This bill amends section 606 of the tax law by adding a new subsection (coo) 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 visitability would be established through guidelines by the Department of State Division of Code Enforce- ment and Administration. This credit would be effective beginning Janu- ary 1, 2021 until December 31, 2025.   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.2411A/A.5950A - 2017; Passed both houses and Vetoed by Governor. S.6943A/A.9303B - 2016; S.2967A/A.1276 - 2015 Passed both houses and Vetoed by Governor. A10668 - 2018 Passed assembly S.2424/A.2493- 2019 Passed both houses and Vetoed by Governor.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: The total credit amount provided by the state will be capped at $1 million one   EFFECTIVE DATE: . This act shall take effect immediately and shall apply to taxable years commencing on and after January 1, 2021 and shall expire and be deemed repealed December 31, 2025.
A09005 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 9005 IN ASSEMBLY January 10, 2020 ___________ Introduced by M. of A. LAVINE, LIFTON, ROMEO, OTIS, BUTTENSCHON, SANTA- BARBARA, SEAWRIGHT -- read once and referred to the Committee on Ways and Means 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 (kkk) to read as follows: 3 (kkk) Universal visitability tax credit. (1) For taxable years begin- 4 ning on or after January first, two thousand twenty-one, until December 5 thirty-first, two thousand twenty-five, 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 22 paragraph seven of this subsection. The credit allowed under this 23 subsection shall not exceed (A) twenty-seven hundred fifty dollars for 24 the purchase of a new residence, or (B) fifty percent of the total 25 amount expended, but not to exceed twenty-seven hundred fifty dollars 26 for the retrofitting or renovation of each existing residence or unit. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04612-02-0A. 9005 2 1 (3) No credit shall be allowed under this subsection for the purchase, 2 retrofitting or renovation of residential rental property. 3 (4) The credit shall be allowed under this subsection only for 4 universal visitability improvements made by or at the direction of the 5 taxpayer. 6 (5) If the amount of the credit allowable under this subsection shall 7 exceed the taxpayer's tax for such year, the excess may be carried over 8 to the following year or years and may be deducted from the taxpayer's 9 tax for such year or years. 10 (6) Eligible taxpayers shall apply for the credit through the division 11 of code enforcement and administration within the department of state. 12 The division of code enforcement and administration within the depart- 13 ment of state shall issue a certification for an approved application to 14 the taxpayer that states the amount of the credit allocated to the 15 taxpayer and the allocation year. 16 (7) (A) The aggregate amount of tax credits allowed pursuant to the 17 authority of this subsection shall be one million dollars each year 18 during the period two thousand twenty-one through two thousand twenty- 19 five. Such aggregate amounts of credits shall be allocated by the 20 department of state among taxpayers in order of priority based upon the 21 date of filing an application for allocation of credit with the division 22 of code enforcement and administration. If the total amount of allocated 23 credits applied for in any particular year exceeds the aggregate amount 24 of tax credits allowed for such year under this subsection, such excess 25 shall be treated as having been applied for on the first day of the 26 subsequent year. 27 (B) The secretary of state, after consulting with the commissioner, 28 shall promulgate regulations by October thirty-first, two thousand twen- 29 ty to establish procedures for the allocation of tax credits as required 30 by this subparagraph. Such rules and regulations shall include 31 provisions describing the application process, the due dates for such 32 applications, the standards which shall be used to evaluate the applica- 33 tions, the documentation that will be provided to taxpayers to substan- 34 tiate to the department the amount of tax credits allocated to such 35 taxpayers, and such other provisions as deemed necessary and appropri- 36 ate. Notwithstanding any other provisions to the contrary in the state 37 administrative procedure act, such rules and regulations may be adopted 38 on an emergency basis if necessary to meet such October thirty-first, 39 two thousand twenty deadline. 40 (8) The department of state shall submit to the governor, the tempo- 41 rary president of the senate, and the speaker of the assembly, an annual 42 report to be submitted by February first of each year evaluating the 43 effectiveness of the universal visitability tax credit provided by this 44 subsection. Such report shall be based on data available from the appli- 45 cation filed with the division of code enforcement and administration 46 for universal visitability credits. Notwithstanding any provision of law 47 to the contrary, the information contained in the report shall be public 48 information. The report may also include any recommendations of changes 49 in the calculation or administration of the credit, and any other recom- 50 mendation of the commissioner of the department of state or the division 51 of code enforcement and administration regarding continuing modifica- 52 tion, repeal of such act, and such other information regarding the act 53 as the division may feel useful and appropriate. 54 § 2. This act shall take effect immediately and shall apply to taxable 55 years commencing on and after January 1, 2021 and shall expire and be 56 deemed repealed December 31, 2025.
A09005 LFIN:
  | NO LFIN |
A09005 Chamber Video/Transcript:
1-29-20 | Video (@ 02:02:07) | Transcript pdf | Transcript html |