Bill Text: NY A04797 | 2009-2010 | General Assembly | Introduced

New York Assembly Bill 4797 (Prior Session Legislation)

Introduced

Bill Title: An act to amend the tax law, in relation to enacting the "Long Island affordable workforce housing and community improvement program" by providing tax incentives for the construction of affordable workforce housing; and providing for the repeal of such provisions upon expiration thereof

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to ways and means [A04797 Detail]

Download: New_York-2009-A04797-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4797
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 6, 2009
                                      ___________
       Introduced by M. of A. ALESSI -- read once and referred to the Committee
         on Ways and Means
       AN  ACT  to  amend the tax law, in relation to enacting the "Long Island
         affordable workforce housing and  community  improvement  program"  by
         providing  tax incentives for the construction of affordable workforce
         housing; and providing for the repeal of such provisions upon  expira-
         tion thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known or may be cited as the "Long Island
    2  affordable workforce housing and community improvement program".
    3    S 2. Subdivision (a) of section 1115 of the  tax  law  is  amended  by
    4  adding a new paragraph 44 to read as follows:
    5    (44)  (A) TANGIBLE PERSONAL PROPERTY SOLD TO A CONTRACTOR, SUBCONTRAC-
    6  TOR OR REPAIRMAN FOR USE IN ERECTING ONE OR MORE STRUCTURES OR BUILDINGS
    7  FOR THE PURPOSE OF PROVIDING FIVE  OR  MORE  SINGLE  FAMILY  RESIDENTIAL
    8  HOMES,  FIVE OR MORE SINGLE FAMILY RESIDENTIAL UNITS, OR ANY COMBINATION
    9  OF SUCH HOMES OR UNITS THAT TOTAL FIVE OR MORE; PROVIDED THAT:
   10    (I) TEN PERCENT OF SUCH HOMES, UNITS OR COMBINATION  THEREOF,  ROUNDED
   11  UP  TO  THE NEAREST WHOLE NUMBER, SHALL BE RESERVED FOR AFFORDABLE WORK-
   12  FORCE HOUSING;
   13    (II) SUCH HOMES, UNITS OR COMBINATION THEREOF RESERVED FOR  AFFORDABLE
   14  WORKFORCE  HOUSING  SHALL  BE  OF A DESIGN THAT IS REASONABLY CONSISTENT
   15  WITH NON-AFFORDABLE WORKFORCE HOUSING; AND
   16    (III) SUCH STRUCTURES OR BUILDINGS SHALL BE ERECTED IN A COUNTY WITH A
   17  POPULATION OF MORE THAN ONE MILLION THREE HUNDRED  THIRTY-FOUR  THOUSAND
   18  AND LESS THAN ONE MILLION THREE HUNDRED THIRTY-FIVE THOUSAND OR A COUNTY
   19  WITH  A  POPULATION OF MORE THAN ONE MILLION FOUR HUNDRED NINETEEN THOU-
   20  SAND AND LESS THAN ONE MILLION FOUR HUNDRED TWENTY THOUSAND ACCORDING TO
   21  THE TWO THOUSAND FEDERAL DECENNIAL CENSUS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08082-01-9
       A. 4797                             2
    1    (B) NO EXEMPTION SHALL BE GRANTED PURSUANT TO  THIS  PARAGRAPH  UNLESS
    2  SUCH  TANGIBLE PERSONAL PROPERTY IS TO BECOME AN INTEGRAL COMPONENT PART
    3  OF SUCH STRUCTURES OR BUILDINGS.
    4    (C)  FOR  PURPOSES  OF  THIS PARAGRAPH, THE TERM "AFFORDABLE WORKFORCE
    5  HOUSING" SHALL MEAN HOUSING FOR INDIVIDUALS OR FAMILIES WHOSE INCOME  IS
    6  AT  OR BELOW EIGHTY PERCENT OF THE MEDIAN INCOME FOR THE COUNTY IN WHICH
    7  SUCH HOUSING IS LOCATED.
    8    (D) THE DEPARTMENT IS HEREBY AUTHORIZED  AND  DIRECTED  TO  PROMULGATE
    9  RULES AND REGULATIONS NECESSARY TO ESTABLISH THE MANNER, FORM AND PROCE-
   10  DURES  BY WHICH A CONTRACTOR, SUBCONTRACTOR OR REPAIRMAN MAY UTILIZE THE
   11  EXEMPTION FROM SALES AND USE TAXES SET  FORTH  IN  THIS  PARAGRAPH.  ANY
   12  CONTRACTOR,  SUBCONTRACTOR  OR  REPAIRMAN  WHO  FAILS TO USE SUCH EXEMPT
   13  TANGIBLE PERSONAL PROPERTY IN COMPLIANCE WITH  THE  PROVISIONS  OF  THIS
   14  PARAGRAPH SHALL BE SUBJECT TO A CIVIL PENALTY IN THE AMOUNT OF ONE THOU-
   15  SAND DOLLARS PER VIOLATION.
   16    (E) THE EXEMPTION SET FORTH IN THIS PARAGRAPH SHALL APPLY TO:
   17    (I) THE STATE SHARE OF SALES AND COMPENSATING USE TAXES IMPOSED PURSU-
   18  ANT TO THIS CHAPTER; AND
   19    (II)  THE  COUNTY  SHARE  OF  SALES AND COMPENSATING USE TAXES IMPOSED
   20  PURSUANT TO THIS CHAPTER, PROVIDED THE GOVERNING BOARD OF  SUCH  COUNTY,
   21  AFTER  PUBLIC  HEARING,  ADOPTS  A  LOCAL  LAW,  ORDINANCE OR RESOLUTION
   22  PROVIDING THEREFOR. ANY COUNTY ADOPTING A LOCAL LAW, ORDINANCE OR RESOL-
   23  UTION PURSUANT TO THIS CLAUSE SHALL COMPLY WITH THE PROVISIONS OF SUBDI-
   24  VISIONS (D) AND (E) OF SECTION TWELVE HUNDRED TEN OF THIS CHAPTER.
   25    S 3. This act shall take effect on the first of January next  succeed-
   26  ing  the  date on which it shall have become a law, and shall expire and
   27  be deemed repealed December 31, 2017.