NY S04009 | 2023-2024 | General Assembly

Status

Completed Legislative Action
Spectrum: Committee Bill
Status: Passed on May 3 2023 - 100% progression
Action: 2023-05-03 - SIGNED CHAP.59
Text: Latest bill text (Amended) [HTML]

Summary

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2023-2024 state fiscal year; provides the authority to abate interest for taxpayers impacted by declared disasters (Part A); clarifies the definition of limited partner for the purposes of the metropolitan commuter transportation mobility tax (Part B); makes the investment tax credit refundable for eligible farmers for five years (Part C); amends provisions of the Empire state film production credit and the Empire state film post production credit; extends and increases such credits (Part D); provides for the abatement of penalties for underpayment of estimated tax by a corporation (Part E); extends the deadline for applications for the COVID-19 capital costs tax credit program (Part F); creates a child care creation and expansion tax credit for child care programs made available to employees by a business directly or through a third party (Part G); relates to extending a tax credit for certain businesses engaged in biotechnologies (Part H); extends the current corporate tax rates (Subpart A); extends the rehabilitation of historic properties tax credit (Subpart B); extends the empire state commercial production tax credit for five years (Subpart C); extends provisions of law relating to the grade No. 6 heating oil conversion tax credit (Subpart D); relates to the New York city musical and theatrical production tax credit (Subpart E)(Part I); makes technical corrections to the credit for companies who provide transportation to individuals with disabilities (Subpart A); relates to the eligibility for the brownfield redevelopment tax credit (Subpart B); relates to the pass-through entity tax and city pass-through entity tax (Subpart C)(Part J); simplifies certain senior citizen real property tax exemptions (Part K); extends provisions of law relating to oil and gas charges (Part L); provides for the adoption and use of solar and wind energy system appraisal model for purposes of real property taxation (Part N); eliminates the congestion surcharge registration requirements (Part P); provides for the payment of tax on increased quantities of motor fuel and Diesel fuel on which the taxes pursuant to articles 12-a, 13-a and 28 were not previously paid (Part Q); extends the sales tax exemption for certain sales made through vending machines (Part R); increases the rate of taxes on cigarettes (Part S); relates to the revocation of certain certificates and civil penalties for refusal of a cigarette and tobacco inspection (Part T); relates to extending the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Part U); permits the commissioner of taxation and finance to seek judicial review of decisions of the tax appeals tribunal (Part V); clarifies the deposit timeframe for moneys deposited by the commissioner of taxation and finance (Part W); relates to financing of the Belmont Park racetrack renovation and the membership of the franchise oversight board (Part X); extends certain provisions related to the simulcasting of horse races and taxes on pari-mutuel betting (Part BB); relates to the liability of a person who presents false claims for money or property to the state or a local government (Part DD); repeals provisions relating to the transferability of the investment tax credit (Part EE); relates to the amount of credits for cider, wine, and liquor under the alcoholic beverage production credit (Part FF); establishes a permanent rate for the metropolitan transportation business tax surcharge of thirty percent beginning on or after January 1, 2024 (Part GG).

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Title

Enacts into law major components of legislation which are necessary to implement the state fiscal plan for the 2023-2024 state fiscal year; provides the authority to abate interest for taxpayers impacted by declared disasters (Part A); clarifies the definition of limited partner for the purposes of the metropolitan commuter transportation mobility tax (Part B); makes the investment tax credit refundable for eligible farmers for five years (Part C); amends provisions of the Empire state film production credit and the Empire state film post production credit; extends and increases such credits (Part D); provides for the abatement of penalties for underpayment of estimated tax by a corporation (Part E); extends the deadline for applications for the COVID-19 capital costs tax credit program (Part F); creates a child care creation and expansion tax credit for child care programs made available to employees by a business directly or through a third party (Part G); relates to extending a tax credit for certain businesses engaged in biotechnologies (Part H); extends the current corporate tax rates (Subpart A); extends the rehabilitation of historic properties tax credit (Subpart B); extends the empire state commercial production tax credit for five years (Subpart C); extends provisions of law relating to the grade No. 6 heating oil conversion tax credit (Subpart D); relates to the New York city musical and theatrical production tax credit (Subpart E)(Part I); makes technical corrections to the credit for companies who provide transportation to individuals with disabilities (Subpart A); relates to the eligibility for the brownfield redevelopment tax credit (Subpart B); relates to the pass-through entity tax and city pass-through entity tax (Subpart C)(Part J); simplifies certain senior citizen real property tax exemptions (Part K); extends provisions of law relating to oil and gas charges (Part L); provides for the adoption and use of solar and wind energy system appraisal model for purposes of real property taxation (Part N); eliminates the congestion surcharge registration requirements (Part P); provides for the payment of tax on increased quantities of motor fuel and Diesel fuel on which the taxes pursuant to articles 12-a, 13-a and 28 were not previously paid (Part Q); extends the sales tax exemption for certain sales made through vending machines (Part R); increases the rate of taxes on cigarettes (Part S); relates to the revocation of certain certificates and civil penalties for refusal of a cigarette and tobacco inspection (Part T); relates to extending the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Part U); permits the commissioner of taxation and finance to seek judicial review of decisions of the tax appeals tribunal (Part V); clarifies the deposit timeframe for moneys deposited by the commissioner of taxation and finance (Part W); relates to financing of the Belmont Park racetrack renovation and the membership of the franchise oversight board (Part X); extends certain provisions related to the simulcasting of horse races and taxes on pari-mutuel betting (Part BB); relates to the liability of a person who presents false claims for money or property to the state or a local government (Part DD); repeals provisions relating to the transferability of the investment tax credit (Part EE); relates to the amount of credits for cider, wine, and liquor under the alcoholic beverage production credit (Part FF); establishes a permanent rate for the metropolitan transportation business tax surcharge of thirty percent beginning on or after January 1, 2024 (Part GG).

Sponsors


Roll Calls

2023-05-01 - Assembly - Assembly Floor Vote - Final Passage (Y: 95 N: 54 NV: 0 Abs: 1) [PASS]
2023-05-01 - Senate - Senate Floor Vote - Final Passage (Y: 38 N: 24 NV: 0 Abs: 1) [PASS]
2023-05-01 - Senate - Senate Finance Committee Vote (Y: 14 N: 6 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2023-05-03SenateSIGNED CHAP.59
2023-05-02SenateDELIVERED TO GOVERNOR
2023-05-01Assemblyreturned to senate
2023-05-01Assemblypassed assembly
2023-05-01Assemblymessage of necessity - 3 day message
2023-05-01Assemblyordered to third reading rules cal.127
2023-05-01Assemblysubstituted for a3009c
2023-05-01Assemblyreferred to ways and means
2023-05-01SenateDELIVERED TO ASSEMBLY
2023-05-01SenatePASSED SENATE
2023-05-01SenateMESSAGE OF NECESSITY - 3 DAY MESSAGE
2023-05-01SenateORDERED TO THIRD READING CAL.718
2023-04-30SenatePRINT NUMBER 4009C
2023-04-30SenateAMEND (T) AND RECOMMIT TO FINANCE
2023-03-14SenatePRINT NUMBER 4009B
2023-03-14SenateAMEND (T) AND RECOMMIT TO FINANCE
2023-03-06SenatePRINT NUMBER 4009A
2023-03-06SenateAMEND (T) AND RECOMMIT TO FINANCE
2023-02-01SenateREFERRED TO FINANCE

Same As/Similar To

A03009 (Same As) 2023-05-01 - substituted by s4009c

New York State Sources

TypeSource
Summaryhttps://www.nysenate.gov/legislation/bills/2023/S4009
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04009&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04009
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04009&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04009A
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04009&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04009B
Texthttps://assembly.state.ny.us/leg/?default_fld=&bn=S04009&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#S04009C
Roll Callhttps://www.nysenate.gov/legislation/bills/2023/S4009#SC1
Roll Callhttps://www.nysenate.gov/legislation/bills/2023/S4009#SF1
Roll Callhttps://assembly.state.ny.us/leg/?default_fld=&bn=S04009&term=2023&Summary=Y&Actions=Y&Text=Y&Committee%26nbspVotes=Y&Floor%26nbspVotes=Y#AF1

Bill Comments

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