S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    602
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, RAIA -- read once and referred to
   the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to providing an  exemption  for
   drugs and medicines for companion and farm animals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 1115 of the tax law  is  amended
 by adding a new paragraph 3-b to read as follows:
   (3-B)  DRUGS AND MEDICINES INTENDED FOR USE, INTERNALLY OR EXTERNALLY,
 IN THE  CURE,  MITIGATION,  TREATMENT  OR  PREVENTION  OF  ILLNESSES  OR
 DISEASES IN COMPANION ANIMALS, AS DEFINED BY SUBDIVISION FIVE OF SECTION
 THREE  HUNDRED  FIFTY  OF  THE  AGRICULTURE  AND  MARKETS  LAW, AND FARM
 ANIMALS, AS DEFINED BY SUBDIVISION FOUR OF SECTION THREE  HUNDRED  FIFTY
 OF  THE AGRICULTURE AND MARKETS LAW, MEDICAL EQUIPMENT (INCLUDING COMPO-
 NENT PARTS THEREOF) AND SUPPLIES REQUIRED FOR SUCH USE OR TO CORRECT  OR
 ALLEVIATE PHYSICAL INCAPACITY.
   §  2.  Subdivision  (b)  of  section 1107 of the tax law is amended by
 adding a new clause 12 to read as follows:
   (12) EXCEPT AS OTHERWISE PROVIDED BY LAW, THE  EXEMPTION  PROVIDED  BY
 PARAGRAPH  THREE-B  OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN
 OF THIS ARTICLE RELATING TO DRUGS AND  MEDICINES  INTENDED  FOR  USE  IN
 COMPANION  ANIMALS  AND  FARM  ANIMALS SHALL BE APPLICABLE PURSUANT TO A
 LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED BY  A  CITY  SUBJECT  TO  THE
 PROVISIONS  OF  THIS  CLAUSE.  SUCH CITY IS EMPOWERED TO ADOPT OR REPEAL
 SUCH A LOCAL LAW, ORDINANCE OR RESOLUTION. SUCH ADOPTION OR REPEAL SHALL
 ALSO BE DEEMED TO AMEND ANY LOCAL LAW, ORDINANCE OR  RESOLUTION  ENACTED
 BY  SUCH  A CITY IMPOSING TAXES PURSUANT TO THE AUTHORITY OF SUBDIVISION
 (A) OF SECTION TWELVE HUNDRED TEN OF THIS CHAPTER.
   § 3. Subparagraph (ii) of paragraph 1 of subdivision  (a)  of  section
 1210 of the tax law, as amended by section 2 of part WW of chapter 60 of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03590-01-9

 A. 602                              2
 
 the  laws  of 2016, is amended, and a new subparagraph (iii) is added to
 read as follows:
   (ii) Any local law, ordinance or resolution enacted by any city, coun-
 ty  or  school  district, imposing the taxes authorized by this subdivi-
 sion, shall omit the residential  solar  energy  systems  equipment  and
 electricity exemption provided for in subdivision (ee) OF SECTION ELEVEN
 HUNDRED  FIFTEEN  OF  THIS  CHAPTER, the commercial solar energy systems
 equipment and electricity exemption provided for in subdivision (ii)  OF
 SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER, the commercial fuel cell
 electricity  generating  systems  equipment and electricity generated by
 such equipment exemption provided for in  subdivision  (kk)  OF  SECTION
 ELEVEN  HUNDRED  FIFTEEN  OF  THIS CHAPTER and the clothing and footwear
 exemption provided for in paragraph thirty of subdivision (a) of section
 eleven hundred fifteen of this chapter,  unless  such  city,  county  or
 school  district  elects  otherwise  as to such residential solar energy
 systems equipment and electricity exemption, such commercial solar ener-
 gy systems equipment and electricity  exemption,  commercial  fuel  cell
 electricity  generating  systems  equipment and electricity generated by
 such equipment exemption or such clothing and footwear exemption.  (III)
 ANY LOCAL LAW, ORDINANCE OR RESOLUTION ENACTED BY ANY  CITY,  COUNTY  OR
 SCHOOL  DISTRICT,  IMPOSING  THE  TAXES  AUTHORIZED BY THIS SUBDIVISION,
 SHALL OMIT MEDICINES INTENDED FOR USE  IN  COMPANION  ANIMALS  AND  FARM
 ANIMALS  EXEMPTION  PROVIDED FOR IN PARAGRAPH THREE-B OF SUBDIVISION (A)
 OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS  CHAPTER,  UNLESS  SUCH  CITY,
 COUNTY OR SCHOOL DISTRICT ELECTS OTHERWISE; PROVIDED THAT IF SUCH A CITY
 HAVING  A  POPULATION  OF  ONE  MILLION  OR  MORE  ENACTS THE RESOLUTION
 DESCRIBED IN SUBDIVISION (P) OF THIS SECTION OR REPEALS SUCH RESOLUTION,
 SUCH RESOLUTION OR REPEAL SHALL ALSO BE DEEMED TO AMEND ANY  LOCAL  LAW,
 ORDINANCE  OR  RESOLUTION  ENACTED  BY  SUCH  A CITY IMPOSING SUCH TAXES
 PURSUANT TO THE AUTHORITY OF THIS SUBDIVISION, WHETHER OR NOT SUCH TAXES
 ARE SUSPENDED AT THE TIME SUCH CITY ENACTS ITS  RESOLUTION  PURSUANT  TO
 SUBDIVISION  (P)  OF  THIS  SECTION  OR  AT THE TIME OF ANY SUCH REPEAL;
 PROVIDED, FURTHER, THAT ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION  AND
 SECTION ELEVEN HUNDRED SEVEN OF THIS CHAPTER, AS DEEMED TO BE AMENDED IN
 THE  EVENT A CITY OF ONE MILLION OR MORE ENACTS A RESOLUTION PURSUANT TO
 THE AUTHORITY OF SUBDIVISION (P)  OF  THIS  SECTION,  SHALL  BE  FURTHER
 AMENDED, AS PROVIDED IN SECTION TWELVE HUNDRED EIGHTEEN OF THIS SUBPART,
 SO  THAT  THE  MEDICINES  INTENDED FOR USE IN COMPANION ANIMALS AND FARM
 ANIMALS EXEMPTION IN ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION  OR  IN
 SUCH  SECTION  ELEVEN  HUNDRED  SEVEN OF THIS CHAPTER IS THE SAME AS THE
 MEDICINES INTENDED FOR USE IN COMPANION  ANIMALS  AND  FARM  ANIMALS  IN
 PARAGRAPH  THREE-B  OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN
 OF THIS CHAPTER.
   § 4. Subdivision (d) of section 1210 of the tax  law,  as  amended  by
 section  4  of  part WW of chapter 60 of the laws of 2016, is amended to
 read as follows:
   (d) A local law, ordinance or resolution imposing any tax pursuant  to
 this  section,  increasing or decreasing the rate of such tax, repealing
 or suspending such tax, exempting from such tax the energy  sources  and
 services  described in paragraph three of subdivision (a) or of subdivi-
 sion (b) of this section or changing the rate of  tax  imposed  on  such
 energy  sources  and  services  or  providing  for  the credit or refund
 described in clause six of subdivision (a)  of  section  eleven  hundred
 nineteen  of  this  chapter,  or electing or repealing the exemption for
 residential solar equipment  and  electricity  in  subdivision  (ee)  of
 section  eleven  hundred  fifteen  of  this  [article]  CHAPTER,  or the

 A. 602                              3
 
 exemption for commercial solar equipment and electricity in  subdivision
 (ii)  of  section  eleven  hundred fifteen of this [article] CHAPTER, or
 electing or repealing the exemption for commercial fuel cell electricity
 generating systems equipment and electricity generated by such equipment
 in  subdivision  (kk)  of section eleven hundred fifteen of this article
 must go into effect only on one of the  following  dates:  March  first,
 June  first,  September  first or December first; provided, that a local
 law, ordinance or resolution providing for the  exemption  described  in
 paragraph thirty of subdivision (a) of section eleven hundred fifteen of
 this  chapter  or repealing any such exemption or a local law, ordinance
 or resolution providing for a refund or credit described in  subdivision
 (d) of section eleven hundred nineteen of this chapter or repealing such
 provision so provided must go into effect only on March first; PROVIDED,
 FURTHER,  THAT  A  LOCAL  LAW, ORDINANCE OR RESOLUTION PROVIDING FOR THE
 EXEMPTION DESCRIBED IN PARAGRAPH THREE-B OF SUBDIVISION (A)  OF  SECTION
 ELEVEN  HUNDRED  FIFTEEN OF THIS CHAPTER OR REPEALING ANY SUCH EXEMPTION
 SO PROVIDED AND A RESOLUTION ENACTED PURSUANT TO THE AUTHORITY OF SUBDI-
 VISION (P) OF THIS SECTION PROVIDING SUCH EXEMPTION  OR  REPEALING  SUCH
 EXEMPTION  SO  PROVIDED  MAY  GO INTO EFFECT IMMEDIATELY.  No such local
 law, ordinance or resolution shall be effective unless a certified  copy
 of  such  law, ordinance or resolution is mailed by registered or certi-
 fied mail to the commissioner at the commissioner's office in Albany  at
 least  ninety days prior to the date it is to become effective. However,
 the commissioner may waive and reduce  such  ninety-day  minimum  notice
 requirement  to a mailing of such certified copy by registered or certi-
 fied mail within a period of not less than thirty  days  prior  to  such
 effective  date  if  the commissioner deems such action to be consistent
 with the commissioner's duties under section  twelve  hundred  fifty  of
 this  article  and  the  commissioner  acts  by  resolution.  Where  the
 restriction provided for in section twelve hundred twenty-three of  this
 article  as  to  the  effective date of a tax and the notice requirement
 provided for therein are  applicable  and  have  not  been  waived,  the
 restriction  and  notice  requirement  in section twelve hundred twenty-
 three of this article shall also apply.
   § 5. Section 1210 of the tax law is amended by adding a  new  subdivi-
 sion (p) to read as follows:
   (P)  NOTWITHSTANDING  ANY OTHER PROVISION OF STATE OR LOCAL LAW, ORDI-
 NANCE OR RESOLUTION TO THE CONTRARY:
   (1) ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IN  WHICH  THE
 TAXES  IMPOSED  BY  SECTION  ELEVEN HUNDRED SEVEN OF THIS CHAPTER ARE IN
 EFFECT, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY  AUTHORIZED
 AND  EMPOWERED TO ELECT TO PROVIDE THE EXEMPTION FROM SUCH TAXES FOR THE
 SAME MEDICINES INTENDED FOR USE IN COMPANION ANIMALS  AND  FARM  ANIMALS
 EXEMPT  FROM  STATE  SALES AND COMPENSATING USE TAXES DESCRIBED IN PARA-
 GRAPH THREE-B OF SUBDIVISION (A) OF SECTION ELEVEN  HUNDRED  FIFTEEN  OF
 THIS CHAPTER BY ENACTING A RESOLUTION IN THE FORM SET FORTH IN PARAGRAPH
 TWO  OF THIS SUBDIVISION; WHEREUPON, UPON COMPLIANCE WITH THE PROVISIONS
 OF SUBDIVISIONS (D) AND (E) OF THIS  SECTION,  SUCH  ENACTMENT  OF  SUCH
 RESOLUTION  SHALL  BE  DEEMED  TO BE AN AMENDMENT TO SUCH SECTION ELEVEN
 HUNDRED SEVEN AND SUCH SECTION ELEVEN HUNDRED SEVEN SHALL BE  DEEMED  TO
 INCORPORATE  SUCH  EXEMPTION AS IF IT HAD BEEN DULY ENACTED BY THE STATE
 LEGISLATURE AND APPROVED BY THE GOVERNOR.
   (2) THE RESOLUTION DESCRIBED IN  PARAGRAPH  (1)  OF  THIS  SUBDIVISION
 SHALL  READ  AS  FOLLOWS:  BE  IT ENACTED BY THE (INSERT PROPER TITLE OF
 LOCAL LEGISLATIVE BODY) AS FOLLOWS:

 A. 602                              4
 
   SECTION ONE.  RECEIPTS  FROM  SALES  OF  AND  CONSIDERATION  GIVEN  OR
 CONTRACTED  TO  BE  GIVEN FOR PURCHASES OF MEDICINES INTENDED FOR USE IN
 COMPANION ANIMALS AND FARM ANIMALS EXEMPT FROM STATE SALES  AND  COMPEN-
 SATING  USE  TAXES  PURSUANT  TO PARAGRAPH THREE-B OF SUBDIVISION (A) OF
 SECTION  ELEVEN HUNDRED FIFTEEN OF THE TAX LAW SHALL ALSO BE EXEMPT FROM
 SALES AND COMPENSATING USE TAXES IMPOSED IN THIS JURISDICTION.
   SECTION TWO. THIS RESOLUTION SHALL TAKE EFFECT, (INSERT THE DATE)  AND
 SHALL  APPLY  TO  SALES  MADE  AND USES OCCURRING ON AND AFTER THAT DATE
 ALTHOUGH MADE OR OCCURRING UNDER A PRIOR CONTRACT.
   § 6. The commissioner of taxation and finance is hereby authorized  to
 implement  the provisions of this act with respect to the elimination of
 the imposition of sales tax, additional taxes, and supplemental taxes on
 medicines intended for use in companion animals and farm animals and all
 other taxes so addressed by this act.
   § 7. This act shall take effect on the first  day  of  the  sales  tax
 quarterly period, as described in subdivision (b) of section 1136 of the
 tax  law,  next  commencing  at  least 90 days after this act shall have
 become a law and shall apply in accordance with the  applicable  transi-
 tional provisions of sections 1106 and 1217 of the tax law.