Bill Text: NY A00799 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the tax law, in relation to granting a tax credit to business firms for contributions made to public playground renovation or new construction which ensures effective and appropriate use by disabled persons
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A00799 Detail]
Download: New_York-2009-A00799-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
799
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. McDONOUGH -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the tax law, in relation to granting a tax credit to
business firms for contributions made to public playground renovation
or new construction which ensures effective and appropriate use by
disabled persons
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 210 of the tax law is amended by adding a new
2 subdivision 25-b to read as follows:
3 25-B. UNIVERSAL PLAYGROUND CREDIT. (A) THE COMMISSIONER SHALL GRANT A
4 CREDIT AGAINST ANY TAX DUE UNDER THIS ARTICLE TO ANY BUSINESS FIRM WHICH
5 CONTRIBUTES TO A MUNICIPALITY UNDERTAKING NEW CONSTRUCTION OF A
6 UNIVERSAL PLAYGROUND OR RENOVATION OF AN EXISTING PLAYGROUND INTO A
7 UNIVERSAL PLAYGROUND AS SUCH UNIVERSAL PLAYGROUND IS DEFINED IN PARA-
8 GRAPH (F) OF THIS SUBDIVISION.
9 (B) THE COMMISSIONER SHALL ESTABLISH CRITERIA FOR THE APPROVAL OF
10 PROPOSALS FOR A TAX CREDIT UNDER THIS SUBDIVISION FOR BUSINESS FIRMS
11 MAKING CONTRIBUTIONS OF CAPITAL TO ANY LOCAL AUTHORITY OR MUNICIPALITY
12 VESTED WITH AUTHORITY TO ESTABLISH AND MAINTAIN PLAYGROUNDS AND NEIGH-
13 BORHOOD RECREATION CENTERS. THE COMMISSIONER SHALL APPROVE OR DISAPPROVE
14 PROPOSALS IN WRITING WITHIN SIXTY DAYS AND SHALL STATE THE MAXIMUM
15 AMOUNT OF CREDIT AVAILABLE.
16 (C) NO TAX CREDIT SHALL BE GRANTED TO ANY BANK, BANK AND TRUST COMPA-
17 NY, INSURANCE COMPANY, TRUST COMPANY, NATIONAL BANK, SAVINGS ASSOCI-
18 ATION, OR BUILDING AND LOAN ASSOCIATION OR ANY OTHER BUSINESS ENTITY FOR
19 ACTIVITIES THAT ARE A PART OF ITS ORDINARY COURSE OF BUSINESS.
20 (D) ANY TAX CREDIT NOT USED DURING THE PERIOD WITHIN WHICH THE
21 CONTRIBUTION WAS MADE MAY BE CARRIED FORWARD OR BACKWARD FOR THE FIVE,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01523-01-9
A. 799 2
1 IMMEDIATELY SUCCEEDING OR PRECEDING, CALENDAR OR FISCAL YEARS UNTIL THE
2 FULL CREDIT HAS BEEN ALLOWED.
3 (E) NO LOCAL AUTHORITY OR MUNICIPALITY VESTED WITH AUTHORITY TO ESTAB-
4 LISH AND MAINTAIN PLAYGROUNDS AND NEIGHBORHOOD RECREATION CENTERS SHALL
5 BE ALLOWED TO RECEIVE CAPITAL WITH AN AGGREGATE VALUE IN EXCESS OF ONE
6 HUNDRED FIFTY THOUSAND DOLLARS FOR ANY FISCAL YEAR.
7 (F) "UNIVERSAL PLAYGROUND" SHALL MEAN A PLAYGROUND WITH DESIGN AND
8 CONSTRUCTION SPECIFICATIONS CONSISTENT WITH ALL FEDERAL STANDARDS FOR
9 ACCESSIBILITY, AND WHICH IS ADDITIONALLY APPROPRIATELY DESIGNED AND
10 EQUIPPED SO THAT CHILDREN WITH PHYSICAL, SENSORY, OR DEVELOPMENTAL DISA-
11 BILITIES CAN EFFECTIVELY UTILIZE A MINIMUM OF SEVENTY PER CENTUM OF THE
12 PLAYGROUND'S PLAY ACTIVITIES.
13 S 2. Section 1456 of the tax law is amended by adding a new subsection
14 (u) to read as follows:
15 (U) UNIVERSAL PLAYGROUND CREDIT. (1) THE COMMISSIONER SHALL GRANT A
16 CREDIT AGAINST ANY TAX DUE UNDER THIS ARTICLE TO ANY BUSINESS FIRM WHICH
17 CONTRIBUTES TO A MUNICIPALITY UNDERTAKING NEW CONSTRUCTION OF A
18 UNIVERSAL PLAYGROUND OR RENOVATION OF AN EXISTING PLAYGROUND INTO A
19 UNIVERSAL PLAYGROUND AS SUCH UNIVERSAL PLAYGROUND IS DEFINED IN PARA-
20 GRAPH SIX OF THIS SUBSECTION.
21 (2) THE COMMISSIONER SHALL ESTABLISH CRITERIA FOR THE APPROVAL OF
22 PROPOSALS FOR A TAX CREDIT UNDER THIS SUBSECTION FOR BUSINESS FIRMS
23 MAKING CONTRIBUTIONS OF CAPITAL TO ANY LOCAL AUTHORITY OR MUNICIPALITY
24 VESTED WITH AUTHORITY TO ESTABLISH AND MAINTAIN PLAYGROUNDS AND NEIGH-
25 BORHOOD RECREATION CENTERS. THE COMMISSIONER SHALL APPROVE OR DISAPPROVE
26 PROPOSALS IN WRITING WITHIN SIXTY DAYS AND SHALL STATE THE MAXIMUM
27 AMOUNT OF CREDIT AVAILABLE.
28 (3) NO TAX CREDIT SHALL BE GRANTED TO ANY BANK, BANK AND TRUST COMPA-
29 NY, INSURANCE COMPANY, TRUST COMPANY, NATIONAL BANK, SAVINGS ASSOCI-
30 ATION, OR BUILDING AND LOAN ASSOCIATION OR ANY OTHER BUSINESS ENTITY FOR
31 ACTIVITIES THAT ARE A PART OF ITS ORDINARY COURSE OF BUSINESS.
32 (4) ANY TAX CREDIT NOT USED DURING THE PERIOD WITHIN WHICH THE
33 CONTRIBUTION WAS MADE MAY BE CARRIED FORWARD OR BACKWARD FOR THE FIVE,
34 IMMEDIATELY SUCCEEDING OR PRECEDING, CALENDAR OR FISCAL YEARS UNTIL THE
35 FULL CREDIT HAS BEEN ALLOWED.
36 (5) NO LOCAL AUTHORITY OR MUNICIPALITY VESTED WITH AUTHORITY TO ESTAB-
37 LISH AND MAINTAIN PLAYGROUNDS AND NEIGHBORHOOD RECREATION CENTERS SHALL
38 BE ALLOWED TO RECEIVE CAPITAL WITH AN AGGREGATE VALUE IN EXCESS OF ONE
39 HUNDRED FIFTY THOUSAND DOLLARS FOR ANY FISCAL YEAR.
40 (6) "UNIVERSAL PLAYGROUND" SHALL MEAN A PLAYGROUND WITH DESIGN AND
41 CONSTRUCTION SPECIFICATIONS CONSISTENT WITH ALL FEDERAL STANDARDS FOR
42 ACCESSIBILITY, AND WHICH IS ADDITIONALLY APPROPRIATELY DESIGNED AND
43 EQUIPPED SO THAT CHILDREN WITH PHYSICAL, SENSORY, OR DEVELOPMENTAL DISA-
44 BILITIES CAN EFFECTIVELY UTILIZE A MINIMUM OF SEVENTY PER CENTUM OF THE
45 PLAYGROUND'S PLAY ACTIVITIES.
46 S 3. Section 1511 of the tax law is amended by adding a new subdivi-
47 sion (l-1) to read as follows:
48 (L-1) UNIVERSAL PLAYGROUND CREDIT. (1) THE COMMISSIONER SHALL GRANT A
49 CREDIT AGAINST ANY TAX DUE UNDER THIS ARTICLE TO ANY BUSINESS FIRM WHICH
50 CONTRIBUTES TO A MUNICIPALITY UNDERTAKING NEW CONSTRUCTION OF A
51 UNIVERSAL PLAYGROUND OR RENOVATION OF AN EXISTING PLAYGROUND INTO A
52 UNIVERSAL PLAYGROUND AS SUCH UNIVERSAL PLAYGROUND IS DEFINED IN PARA-
53 GRAPH SIX OF THIS SUBDIVISION.
54 (2) THE COMMISSIONER SHALL ESTABLISH CRITERIA FOR THE APPROVAL OF
55 PROPOSALS FOR A TAX CREDIT UNDER THIS SUBDIVISION FOR BUSINESS FIRMS
56 MAKING CONTRIBUTIONS OF CAPITAL TO ANY LOCAL AUTHORITY OR MUNICIPALITY
A. 799 3
1 VESTED WITH AUTHORITY TO ESTABLISH AND MAINTAIN PLAYGROUNDS AND NEIGH-
2 BORHOOD RECREATION CENTERS. THE COMMISSIONER SHALL APPROVE OR DISAPPROVE
3 PROPOSALS IN WRITING WITHIN SIXTY DAYS AND SHALL STATE THE MAXIMUM
4 AMOUNT OF CREDIT AVAILABLE.
5 (3) NO TAX CREDIT SHALL BE GRANTED TO ANY BANK, BANK AND TRUST COMPA-
6 NY, INSURANCE COMPANY, TRUST COMPANY, NATIONAL BANK, SAVINGS ASSOCI-
7 ATION, OR BUILDING AND LOAN ASSOCIATION OR ANY OTHER BUSINESS ENTITY FOR
8 ACTIVITIES THAT ARE A PART OF ITS ORDINARY COURSE OF BUSINESS.
9 (4) ANY TAX CREDIT NOT USED DURING THE PERIOD WITHIN WHICH THE
10 CONTRIBUTION WAS MADE MAY BE CARRIED FORWARD OR BACKWARD FOR THE FIVE,
11 IMMEDIATELY SUCCEEDING OR PRECEDING, CALENDAR OR FISCAL YEARS UNTIL THE
12 FULL CREDIT HAS BEEN ALLOWED.
13 (5) NO LOCAL AUTHORITY OR MUNICIPALITY VESTED WITH AUTHORITY TO ESTAB-
14 LISH AND MAINTAIN PLAYGROUNDS AND NEIGHBORHOOD RECREATION CENTERS SHALL
15 BE ALLOWED TO RECEIVE CAPITAL WITH AN AGGREGATE VALUE IN EXCESS OF ONE
16 HUNDRED FIFTY THOUSAND DOLLARS FOR ANY FISCAL YEAR.
17 (6) "UNIVERSAL PLAYGROUND" SHALL MEAN A PLAYGROUND WITH DESIGN AND
18 CONSTRUCTION SPECIFICATIONS CONSISTENT WITH ALL FEDERAL STANDARDS FOR
19 ACCESSIBILITY, AND WHICH IS ADDITIONALLY APPROPRIATELY DESIGNED AND
20 EQUIPPED SO THAT CHILDREN WITH PHYSICAL, SENSORY, OR DEVELOPMENTAL DISA-
21 BILITIES CAN EFFECTIVELY UTILIZE A MINIMUM OF SEVENTY PER CENTUM OF THE
22 PLAYGROUND'S PLAY ACTIVITIES.
23 S 4. In no event shall the total amount of the tax credits allowed to
24 business firms pursuant to the provisions of subdivision 25-b of section
25 210, subsection (u) of section 1456 and subdivision (1-1) of section
26 1511 of the tax law, in the aggregate, exceed twenty million dollars in
27 any one fiscal year. No more than fifty percent of the total amount of
28 the tax credits shall be granted for contributions made to playground
29 accessibility projects in a city with a population of one million or
30 more.
31 S 5. This act shall take effect on the one hundred twentieth day after
32 it shall have become a law; provided, however, that the commissioner of
33 taxation and finance shall promulgate any rules and regulations neces-
34 sary for the timely implementation of this act on or before such date.
