A00799 Summary:

BILL NOA00799
 
SAME ASNo same as
 
SPONSORMcDonough
 
COSPNSR
 
MLTSPNSR
 
Amd SS210, 1456 & 1511, Tax L
 
Provides a tax credit to businesses making capital contributions to public playground projects: constructing new playgrounds or renovating existing playgrounds into universal playgrounds which are designed and built so that children with physical, sensory, or developmental disabilities can effectively utilize a minimum of seventy per centum of the playground's play activities.
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A00799 Actions:

BILL NOA00799
 
01/07/2009referred to ways and means
01/06/2010referred to ways and means
07/01/2010held for consideration in ways and means
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A00799 Floor Votes:

There are no votes for this bill in this legislative session.
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A00799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           799
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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    § 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    §  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    § 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    § 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.
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