S T A T E   O F   N E W   Y O R K
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                                  4777

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2013
                               ___________

Introduced  by  M.  of  A.  PALMESANO  -- Multi-Sponsored by -- M. of A.
  BLANKENBUSH, BRAUNSTEIN, CROUCH, FINCH, LOSQUADRO,  McLAUGHLIN,  RAIA,
  TENNEY -- read once and referred to the Committee on Ways and Means

AN  ACT  to amend the tax law, in relation to establishing an income tax
  credit for a teacher's unreimbursed expenditures for qualified  class-
  room or teaching supplies

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 606 of the tax law is  amended  by  adding  a  new
subsection (vv) to read as follows:
  (VV)  CREDIT  FOR  A TEACHER'S UNREIMBURSED EXPENDITURES FOR QUALIFIED
CLASSROOM OR TEACHING SUPPLIES.   (1) FOR PURPOSES  OF  THIS  SUBSECTION
"QUALIFIED  EXPENDITURES  FOR CLASSROOM OR TEACHING SUPPLIES" SHALL MEAN
EXPENDITURES FOR CLASSROOM BOOKS AND OTHER INSTRUCTIONAL  MATERIALS  AND
EQUIPMENT  USED  IN ELEMENTARY AND SECONDARY SCHOOLS, NOTEBOOKS, WRITING
UTENSILS INCLUDING BUT NOT LIMITED TO PENCILS, PENS, CRAYONS  AND  MARK-
ERS,  PAPER, TEACHING MATERIALS SUCH AS POSTERS AND SUPPLIES FOR SPECIAL
PROJECTS, AND FIELD TRIP COSTS. CLASSROOM BOOKS AND OTHER  INSTRUCTIONAL
MATERIALS  SHALL NOT INCLUDE BOOKS AND MATERIALS USED IN THE TEACHING OF
RELIGIOUS TENETS, DOCTRINES, OR WORSHIP, THE  PURPOSE  OF  WHICH  IS  TO
INSTILL SUCH TENETS, DOCTRINES, OR WORSHIP, NOR DOES IT INCLUDE BOOKS OR
MATERIALS  FOR  EXTRACURRICULAR  ACTIVITIES  INCLUDING  SPORTING EVENTS,
SPEECH ACTIVITIES, DRIVER'S EDUCATION, OR  SIMILAR  PROGRAMS,  WITH  THE
EXCEPTION OF MUSICAL OR DRAMATIC EVENTS OR PROGRAMS.
  (2)  FOR  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND FIFTEEN, A QUALIFIED TAXPAYER SHALL BE ALLOWED A MAXIMUM CREDIT  OF
FIVE  HUNDRED  DOLLARS  ANNUALLY AGAINST THE TAX IMPOSED BY THIS ARTICLE
FOR QUALIFIED EXPENDITURES FOR CLASSROOM OR TEACHING SUPPLIES IN  QUALI-
FIED ELEMENTARY AND SECONDARY EDUCATIONAL INSTITUTIONS, PROVIDED, HOWEV-
ER,  THAT  THE AMOUNT OF SUCH CREDIT SHALL NOT EXCEED THE TAX IMPOSED BY
SECTION SIX HUNDRED ONE OF THIS PART, FOR THE TAXABLE YEAR. IF THE CRED-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01270-01-3
              

A. 4777                             2

IT EXCEEDS THE TAX AS SO REDUCED, THE TAXPAYERS  MAY  RECEIVE,  AND  THE
COMPTROLLER,  SUBJECT TO A CERTIFICATE OF THE COMMISSIONER, SHALL PAY TO
THE TAXPAYER AS AN OVERPAYMENT, WITHOUT INTEREST,  THE  AMOUNT  OF  SUCH
EXCESS.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2015.