NY State Assembly Bill 2015-A9303B

Assembly Bill A9303B

Vetoed By Governor

2015-2016 Legislative Session

Relates to a pilot program providing a tax credit for universal visitability

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	tabled vetoed memo.243
Nov 16, 2016	delivered to governor
Jun 09, 2016	returned to assembly passed senate 3rd reading cal.1629 substituted for s6943a
Jun 02, 2016	referred to finance delivered to senate passed assembly
May 26, 2016	advanced to third reading cal.812
May 25, 2016	reported
Mar 08, 2016	print number 9303b
Mar 08, 2016	amend and recommit to ways and means
Mar 02, 2016	print number 9303a
Mar 02, 2016	amend (t) and recommit to ways and means
Feb 17, 2016	referred to ways and means

Votes

- Jun 9, 2016 - Floor Vote
  A9303B
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto

Bill Amendments

Original

B (Active)

2015-A9303 - Details

See Senate Version of this Bill:: S6943
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7537, S3956
2017-2018: A5950, A10668, S2411
2019-2020: A2493
2021-2022: A3409

2015-A9303 - Summary

Relates to a credit for purchase, construction or retrofitting of a principal residence to achieve universal visitability pursuant to guidelines developed by the division of code enforcement and administration within the department of state; caps tax credits awarded at 1 million dollars per year for 5 years.

2015-A9303 - Bill Text download pdf

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

                                  9303

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to amend the tax law, in relation to providing a tax credit for
  universal visitability

  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 (ccc) to read as follows:
  (CCC) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE  YEARS  BEGIN-
NING ON OR AFTER APRIL FIRST, TWO THOUSAND SEVENTEEN, A RESIDENT TAXPAY-
ER SHALL BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR
A PORTION OF THE TOTAL PURCHASE PRICE PAID BY SUCH RESIDENT TAXPAYER FOR
A  NEW PRINCIPAL RESIDENCE ATTRIBUTABLE TO UNIVERSAL VISITABILITY OR THE
TOTAL AMOUNT EXPENDED BY A RESIDENT TAXPAYER  TO  RETROFIT  AN  EXISTING
PRINCIPAL  RESIDENCE TO ACHIEVE UNIVERSAL VISITABILITY PROVIDED THAT THE
NEW PRINCIPAL RESIDENCE OR THE RETROFITTING OF  THE  EXISTING  PRINCIPAL
RESIDENCE IS LOCATED WITHIN THIS STATE AND DESIGNED TO PROVIDE UNIVERSAL
VISITABILITY AS DEFINED THROUGH THE ELIGIBILITY REQUIREMENTS ESTABLISHED
BY GUIDELINES DEVELOPED BY THE DIVISION OF CODE ENFORCEMENT AND ADMINIS-
TRATION WITHIN THE DEPARTMENT OF STATE.
  2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE  HAS  BEEN  PURCHASED OR CONSTRUCTED, OR THE RETROFITTING OR RENO-
VATION OF THE RESIDENCE OR RESIDENTIAL  UNIT  HAS  BEEN  COMPLETED.  THE
CREDIT  ALLOWED  UNDER  THIS  SECTION  SHALL NOT EXCEED (I) TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT OF THE TOTAL AMOUNT EXPENDED, BUT  NOT  TO  EXCEED  TWENTY-SEVEN
HUNDRED  FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH EXIST-
ING RESIDENCE OR UNIT.
  3. NO CREDIT SHALL BE ALLOWED UNDER THIS  SECTION  FOR  THE  PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
  4.  IF  THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED  OVER
TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.

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

                                                           LBD02817-01-5

A. 9303                             2

  5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO THE DIVISION  OF  CODE  ENFORCEMENT  AND  ADMINISTRATION  WITHIN  THE
DEPARTMENT OF STATE. THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
WITHIN  THE  DEPARTMENT  OF  STATE  SHALL  ISSUE  A CERTIFICATION FOR AN
APPROVED  APPLICATION  TO  THE  TAXPAYER.  THE TAXPAYER SHALL SUBMIT THE
CERTIFICATION TOGETHER WITH THEIR PERSONAL INCOME RETURN.
  S 2. This act shall take effect immediately.

2015-A9303A - Details

See Senate Version of this Bill:: S6943
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7537, S3956
2017-2018: A5950, A10668, S2411
2019-2020: A2493
2021-2022: A3409

2015-A9303A - Summary

2015-A9303A - Bill Text download pdf

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

                                 9303--A

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Ways  and  Means  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to providing a tax  credit  for
  universal   visitability;   and  providing  for  the  repeal  of  such
  provisions upon the expiration thereof

  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 (ccc) to read as follows:
  (CCC) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE  YEARS  BEGIN-
NING  ON  OR  AFTER  APRIL FIRST, TWO THOUSAND SEVENTEEN, UNTIL DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE,  A  RESIDENT  TAXPAYER  SHALL  BE
ALLOWED  A  CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR A PORTION
OF THE TOTAL PURCHASE PRICE PAID BY SUCH RESIDENT  TAXPAYER  FOR  A  NEW
PRINCIPAL  RESIDENCE ATTRIBUTABLE TO UNIVERSAL VISITABILITY OR THE TOTAL
AMOUNT EXPENDED BY A RESIDENT TAXPAYER TO RETROFIT AN EXISTING PRINCIPAL
RESIDENCE TO ACHIEVE UNIVERSAL VISITABILITY PROVIDED THAT THE NEW  PRIN-
CIPAL  RESIDENCE OR THE RETROFITTING OF THE EXISTING PRINCIPAL RESIDENCE
IS LOCATED WITHIN THIS STATE AND DESIGNED TO PROVIDE  UNIVERSAL  VISITA-
BILITY  AS  DEFINED  THROUGH THE ELIGIBILITY REQUIREMENTS ESTABLISHED BY
GUIDELINES DEVELOPED BY THE DIVISION OF CODE  ENFORCEMENT  AND  ADMINIS-
TRATION WITHIN THE DEPARTMENT OF STATE.
  2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE  HAS  BEEN  PURCHASED OR CONSTRUCTED, OR THE RETROFITTING OR RENO-
VATION OF THE RESIDENCE OR RESIDENTIAL  UNIT  HAS  BEEN  COMPLETED.  THE
CREDIT  ALLOWED  UNDER  THIS  SECTION  SHALL NOT EXCEED (I) TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT OF THE TOTAL AMOUNT EXPENDED, BUT  NOT  TO  EXCEED  TWENTY-SEVEN
HUNDRED  FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH EXIST-
ING RESIDENCE OR UNIT.
  3. NO CREDIT SHALL BE ALLOWED UNDER THIS  SECTION  FOR  THE  PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02817-04-6

A. 9303--A                          2

  4.  IF  THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS SUBSECTION SHALL
EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED  OVER
TO  THE  FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM THE TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO  THE  DIVISION  OF  CODE  ENFORCEMENT  AND  ADMINISTRATION WITHIN THE
DEPARTMENT OF STATE. THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
WITHIN THE DEPARTMENT OF  STATE  SHALL  ISSUE  A  CERTIFICATION  FOR  AN
APPROVED  APPLICATION  TO  THE  TAXPAYER.  THE TAXPAYER SHALL SUBMIT THE
CERTIFICATION TOGETHER WITH THEIR PERSONAL INCOME RETURN.
  6. (A) THE AGGREGATE AMOUNT OF TAX CREDITS  ALLOWED  PURSUANT  TO  THE
AUTHORITY  OF  THIS  SUBSECTION  SHALL  BE ONE MILLION DOLLARS EACH YEAR
DURING  THE  PERIOD  TWO  THOUSAND  SEVENTEEN   THROUGH   TWO   THOUSAND
TWENTY-ONE.  SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE ALLOCATED BY THE
DEPARTMENT OF STATE AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON  THE
DATE OF FILING AN APPLICATION FOR ALLOCATION OF CREDIT WITH THE DIVISION
OF CODE ENFORCEMENT AND ADMINISTRATION. IF THE TOTAL AMOUNT OF ALLOCATED
CREDITS  APPLIED FOR IN ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT
OF TAX CREDITS ALLOWED FOR SUCH YEAR UNDER  THIS  SECTION,  SUCH  EXCESS
SHALL  BE  TREATED  AS  HAVING  BEEN APPLIED FOR ON THE FIRST DAY OF THE
SUBSEQUENT YEAR.
  (B) THE SECRETARY OF STATE, AFTER CONSULTING  WITH  THE  COMMISSIONER,
SHALL  PROMULGATE  REGULATIONS  BY  OCTOBER  THIRTY-FIRST,  TWO THOUSAND
SIXTEEN TO ESTABLISH PROCEDURES FOR THE ALLOCATION  OF  TAX  CREDITS  AS
REQUIRED  BY THIS SUBPARAGRAPH. SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS DESCRIBING THE APPLICATION PROCESS, THE  DUE  DAYS  FOR  SUCH
APPLICATIONS, THE STANDARDS WHICH SHALL BE USED TO EVALUATE THE APPLICA-
TIONS,  THE DOCUMENTATION THAT WILL BE PROVIDED TO TAXPAYERS TO SUBSTAN-
TIATE TO THE DEPARTMENT THE AMOUNT OF  TAX  CREDITS  ALLOCATED  TO  SUCH
TAXPAYERS,  AND  SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRI-
ATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN  THE  STATE
ADMINISTRATIVE  PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED
ON AN EMERGENCY BASIS IF NECESSARY TO MEET  SUCH  OCTOBER  THIRTY-FIRST,
TWO THOUSAND SIXTEEN DEADLINE.
  7. THE DEPARTMENT OF STATE SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT  OF  THE  SENATE,  AND  THE SPEAKER OF THE ASSEMBLY, AN ANNUAL
REPORT TO BE SUBMITTED ON FEBRUARY FIRST OF  EACH  YEAR  EVALUATING  THE
EFFECTIVENESS  OF THE UNIVERSAL VISITABILITY TAX CREDIT PROVIDED BY THIS
SECTION. SUCH REPORT SHALL BE BASED ON DATA AVAILABLE FROM THE  APPLICA-
TION  FILED WITH THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION FOR
UNIVERSAL VISITABILITY CREDITS. NOTWITHSTANDING ANY PROVISION OF LAW  TO
THE  CONTRARY,  THE  INFORMATION CONTAINED IN THE REPORT SHALL BE PUBLIC
INFORMATION. THE REPORT MAY ALSO INCLUDE ANY RECOMMENDATIONS OF  CHANGES
IN THE CALCULATION OR ADMINISTRATION OF THE CREDIT, AND ANY OTHER RECOM-
MENDATION OF THE COMMISSIONER OF THE DEPARTMENT OF STATE OR THE DIVISION
OF  CODE  ENFORCEMENT  AND ADMINISTRATION REGARDING CONTINUING MODIFICA-
TION, REPEAL OF SUCH ACT, AND SUCH OTHER INFORMATION REGARDING  THE  ACT
AS THE DIVISION MAY FEEL USEFUL AND APPROPRIATE.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2021.

co-Sponsors

multi-Sponsors

2015-A9303B (ACTIVE) - Details

See Senate Version of this Bill:: S6943
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7537, S3956
2017-2018: A5950, A10668, S2411
2019-2020: A2493
2021-2022: A3409

2015-A9303B (ACTIVE) - Summary

2015-A9303B (ACTIVE) - Bill Text download pdf

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

                                 9303--B

                          I N  A S S E M B L Y

                            February 17, 2016
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on  Ways  and  Means  --  committee  discharged, bill amended, ordered
  reprinted as amended  and  recommitted  to  said  committee  --  again
  reported  from  said  committee  with amendments, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the tax law, in relation to providing a tax  credit  for
  universal   visitability;   and  providing  for  the  repeal  of  such
  provisions upon the expiration thereof

  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 (ccc) to read as follows:
  (CCC) UNIVERSAL VISITABILITY TAX CREDIT. 1. FOR TAXABLE  YEARS  BEGIN-
NING  ON  OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, UNTIL DECEMBER
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, A TAXPAYER  SHALL  BE  ALLOWED  A
CREDIT  AGAINST  THE  TAX  IMPOSED  BY THIS ARTICLE FOR A PORTION OF THE
TOTAL PURCHASE PRICE PAID BY SUCH TAXPAYER  FOR  A  PRINCIPAL  RESIDENCE
ATTRIBUTABLE TO UNIVERSAL VISITABILITY OR THE TOTAL AMOUNT EXPENDED BY A
TAXPAYER   TO  RETROFIT  AN  EXISTING  PRINCIPAL  RESIDENCE  TO  ACHIEVE
UNIVERSAL VISITABILITY PROVIDED THAT  THE  PRINCIPAL  RESIDENCE  OR  THE
RETROFITTING  OF THE EXISTING PRINCIPAL RESIDENCE IS LOCATED WITHIN THIS
STATE AND DESIGNED TO PROVIDE UNIVERSAL VISITABILITY AS DEFINED  THROUGH
THE  ELIGIBILITY REQUIREMENTS ESTABLISHED BY GUIDELINES DEVELOPED BY THE
DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION WITHIN THE DEPARTMENT OF
STATE. FOR THE PURPOSE OF THIS  SUBSECTION,  PRINCIPAL  RESIDENCE  SHALL
MEAN  SUCH  RESIDENCE  PURSUANT TO SECTION ONE HUNDRED TWENTY-ONE OF THE
INTERNAL REVENUE CODE.
  2. THE CREDIT SHALL BE ALLOWED FOR THE TAXABLE YEAR IN WHICH THE RESI-
DENCE HAS BEEN PURCHASED OR CONSTRUCTED, OR THE  RETROFITTING  OR  RENO-
VATION  OF  THE  RESIDENCE  OR  RESIDENTIAL UNIT HAS BEEN COMPLETED. THE
CREDIT ALLOWED UNDER THIS SECTION  SHALL  NOT  EXCEED  (I)  TWENTY-SEVEN
HUNDRED FIFTY DOLLARS FOR THE PURCHASE OF A NEW RESIDENCE, OR (II) FIFTY
PERCENT  OF  THE  TOTAL  AMOUNT EXPENDED, BUT NOT TO EXCEED TWENTY-SEVEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02817-05-6

A. 9303--B                          2

HUNDRED FIFTY DOLLARS FOR THE RETROFITTING OR RENOVATION OF EACH  EXIST-
ING RESIDENCE OR UNIT.
  3.  NO  CREDIT  SHALL  BE ALLOWED UNDER THIS SECTION FOR THE PURCHASE,
RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
  4. IF THE AMOUNT OF THE CREDIT ALLOWABLE UNDER THIS  SUBSECTION  SHALL
EXCEED  THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS MAY BE CARRIED OVER
TO THE FOLLOWING YEAR OR YEARS AND MAY BE DEDUCTED FROM  THE  TAXPAYER'S
TAX FOR SUCH YEAR OR YEARS.
  5. ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT BY MAKING APPLICATION
TO  THE  DIVISION  OF  CODE  ENFORCEMENT  AND  ADMINISTRATION WITHIN THE
DEPARTMENT OF STATE. THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
WITHIN THE DEPARTMENT OF  STATE  SHALL  ISSUE  A  CERTIFICATION  FOR  AN
APPROVED  APPLICATION  TO  THE  TAXPAYER.  THE TAXPAYER SHALL SUBMIT THE
CERTIFICATION TOGETHER WITH THEIR PERSONAL INCOME RETURN.
  6. (A) THE AGGREGATE AMOUNT OF TAX CREDITS  ALLOWED  PURSUANT  TO  THE
AUTHORITY  OF  THIS  SUBSECTION  SHALL  BE ONE MILLION DOLLARS EACH YEAR
DURING  THE  PERIOD  TWO  THOUSAND  SEVENTEEN   THROUGH   TWO   THOUSAND
TWENTY-ONE.  SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE ALLOCATED BY THE
DEPARTMENT OF STATE AMONG TAXPAYERS IN ORDER OF PRIORITY BASED UPON  THE
DATE OF FILING AN APPLICATION FOR ALLOCATION OF CREDIT WITH THE DIVISION
OF CODE ENFORCEMENT AND ADMINISTRATION. IF THE TOTAL AMOUNT OF ALLOCATED
CREDITS  APPLIED FOR IN ANY PARTICULAR YEAR EXCEEDS THE AGGREGATE AMOUNT
OF TAX CREDITS ALLOWED FOR SUCH YEAR UNDER  THIS  SECTION,  SUCH  EXCESS
SHALL  BE  TREATED  AS  HAVING  BEEN APPLIED FOR ON THE FIRST DAY OF THE
SUBSEQUENT YEAR.
  (B) THE SECRETARY OF STATE, AFTER CONSULTING  WITH  THE  COMMISSIONER,
SHALL  PROMULGATE  REGULATIONS  BY  OCTOBER  THIRTY-FIRST,  TWO THOUSAND
SIXTEEN TO ESTABLISH PROCEDURES FOR THE ALLOCATION  OF  TAX  CREDITS  AS
REQUIRED  BY THIS SUBPARAGRAPH. SUCH RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS DESCRIBING THE APPLICATION PROCESS, THE  DUE  DAYS  FOR  SUCH
APPLICATIONS, THE STANDARDS WHICH SHALL BE USED TO EVALUATE THE APPLICA-
TIONS,  THE DOCUMENTATION THAT WILL BE PROVIDED TO TAXPAYERS TO SUBSTAN-
TIATE TO THE DEPARTMENT THE AMOUNT OF  TAX  CREDITS  ALLOCATED  TO  SUCH
TAXPAYERS,  AND  SUCH OTHER PROVISIONS AS DEEMED NECESSARY AND APPROPRI-
ATE. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY IN  THE  STATE
ADMINISTRATIVE  PROCEDURE ACT, SUCH RULES AND REGULATIONS MAY BE ADOPTED
ON AN EMERGENCY BASIS IF NECESSARY TO MEET  SUCH  OCTOBER  THIRTY-FIRST,
TWO THOUSAND SIXTEEN DEADLINE.
  7. THE DEPARTMENT OF STATE SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT  OF  THE  SENATE,  AND  THE SPEAKER OF THE ASSEMBLY, AN ANNUAL
REPORT TO BE SUBMITTED BY FEBRUARY FIRST OF  EACH  YEAR  EVALUATING  THE
EFFECTIVENESS  OF THE UNIVERSAL VISITABILITY TAX CREDIT PROVIDED BY THIS
SECTION. SUCH REPORT SHALL BE BASED ON DATA AVAILABLE FROM THE  APPLICA-
TION  FILED WITH THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION FOR
UNIVERSAL VISITABILITY CREDITS. NOTWITHSTANDING ANY PROVISION OF LAW  TO
THE  CONTRARY,  THE  INFORMATION CONTAINED IN THE REPORT SHALL BE PUBLIC
INFORMATION. THE REPORT MAY ALSO INCLUDE ANY RECOMMENDATIONS OF  CHANGES
IN THE CALCULATION OR ADMINISTRATION OF THE CREDIT, AND ANY OTHER RECOM-
MENDATION OF THE COMMISSIONER OF THE DEPARTMENT OF STATE OR THE DIVISION
OF  CODE  ENFORCEMENT  AND ADMINISTRATION REGARDING CONTINUING MODIFICA-
TION, REPEAL OF SUCH ACT, AND SUCH OTHER INFORMATION REGARDING  THE  ACT
AS THE DIVISION MAY FEEL USEFUL AND APPROPRIATE.
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed December 31, 2021.

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Assembly Bill A9303B

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