S T A T E   O F   N E W   Y O R K
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                                   1395
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law, in relation to establishing a senior utili-
   ty circuit breaker personal income tax credit

   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 (jjj) to read as follows:
   (JJJ) SENIOR UTILITY CIRCUIT BREAKER TAX CREDIT. (1) DEFINITIONS.  FOR
 THE PURPOSES OF THIS SUBSECTION:
   (A) "QUALIFIED TAXPAYER" MEANS A RESIDENT INDIVIDUAL, MARRIED OR  HEAD
 OF HOUSEHOLD TAXPAYER WHO IS OVER SIXTY-FIVE YEARS OF AGE, WITH A HOUSE-
 HOLD GROSS INCOME OF ONE HUNDRED FIFTY THOUSAND DOLLARS OR LESS.
   (B)  "HOUSEHOLD"  OR  "MEMBERS  OF  THE  HOUSEHOLD"  MEANS A QUALIFIED
 TAXPAYER AND ALL OTHER PERSONS, NOT NECESSARILY RELATED,  WHO  HAVE  THE
 SAME RESIDENCE AND SHARE ITS FURNISHINGS, FACILITIES AND ACCOMMODATIONS.
 SUCH  TERMS SHALL NOT INCLUDE A TENANT, SUBTENANT, ROOMER OR BOARDER WHO
 IS NOT RELATED TO THE QUALIFIED TAXPAYER  IN  ANY  DEGREE  SPECIFIED  IN
 PARAGRAPHS  ONE  THROUGH  EIGHT OF SUBSECTION (A) OF SECTION ONE HUNDRED
 FIFTY-TWO OF THE INTERNAL REVENUE CODE. PROVIDED, HOWEVER, NO PERSON MAY
 BE A MEMBER OF MORE THAN ONE HOUSEHOLD AT ONE TIME.
   (C) "HOUSEHOLD GROSS INCOME" MEANS THE AGGREGATE ADJUSTED GROSS INCOME
 OF ALL MEMBERS OF THE HOUSEHOLD FOR THE TAXABLE  YEAR  AS  REPORTED  FOR
 FEDERAL  INCOME  TAX  PURPOSES,  OR  WHICH WOULD BE REPORTED AS ADJUSTED
 GROSS INCOME IF A FEDERAL INCOME TAX RETURN WERE REQUIRED TO  BE  FILED,
 WITH  THE  MODIFICATIONS IN SUBSECTION (B) OF SECTION SIX HUNDRED TWELVE
 OF THIS ARTICLE BUT WITHOUT THE MODIFICATIONS IN SUBSECTION (C) OF  SUCH
 SECTION, PLUS ANY PORTION OF THE GAIN FROM THE SALE OR EXCHANGE OF PROP-
 ERTY  OTHERWISE  EXCLUDED  FROM  SUCH AMOUNT; EARNED INCOME FROM SOURCES
 WITHOUT THE UNITED  STATES  EXCLUDABLE  FROM  FEDERAL  GROSS  INCOME  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06421-01-9

 S. 1395                             2
 
 SECTION  NINE HUNDRED ELEVEN OF THE INTERNAL REVENUE CODE; SUPPORT MONEY
 NOT INCLUDED IN  ADJUSTED  GROSS  INCOME;  NONTAXABLE  STRIKE  BENEFITS;
 SUPPLEMENTAL  SECURITY  INCOME PAYMENTS; THE GROSS AMOUNT OF ANY PENSION
 OR  ANNUITY  BENEFITS  TO THE EXTENT NOT INCLUDED IN SUCH ADJUSTED GROSS
 INCOME (INCLUDING, BUT NOT LIMITED TO, RAILROAD RETIREMENT BENEFITS  AND
 ALL  PAYMENTS  RECEIVED UNDER THE FEDERAL SOCIAL SECURITY ACT AND VETER-
 ANS' DISABILITY PENSIONS); NONTAXABLE INTEREST RECEIVED FROM  THE  STATE
 OF  NEW  YORK,  ITS AGENCIES, INSTRUMENTALITIES, PUBLIC CORPORATIONS, OR
 POLITICAL SUBDIVISIONS (INCLUDING A PUBLIC CORPORATION CREATED  PURSUANT
 TO  AGREEMENT OR COMPACT WITH ANOTHER STATE OR CANADA); WORKERS' COMPEN-
 SATION; THE GROSS AMOUNT OF "LOSS-OF-TIME" INSURANCE; AND THE AMOUNT  OF
 CASH PUBLIC ASSISTANCE AND RELIEF, OTHER THAN MEDICAL ASSISTANCE FOR THE
 NEEDY,  PAID  TO OR FOR THE BENEFIT OF THE QUALIFIED TAXPAYER OR MEMBERS
 OF HIS HOUSEHOLD. HOUSEHOLD GROSS INCOME SHALL NOT INCLUDE SURPLUS FOODS
 OR OTHER RELIEF IN KIND OR PAYMENTS MADE TO INDIVIDUALS BECAUSE OF THEIR
 STATUS AS VICTIMS OF  NAZI  PERSECUTION  AS  DEFINED  IN  P.L.  103-286.
 PROVIDED,  FURTHER,  HOUSEHOLD  GROSS INCOME SHALL ONLY INCLUDE ALL SUCH
 INCOME RECEIVED BY ALL MEMBERS OF THE HOUSEHOLD WHILE  MEMBERS  OF  SUCH
 HOUSEHOLD.
   (D) "RESIDENCE" MEANS A DWELLING IN THIS STATE, WHETHER OWNED OR RENT-
 ED.
   (E)  "ELIGIBLE  EXPENSES"  MEANS PAYMENTS MADE BY A QUALIFIED TAXPAYER
 FOR THE FOLLOWING GOODS AND SERVICES DELIVERED AND USED AT  HIS  OR  HER
 PRIMARY RESIDENCE:
   (I)  RESIDENTIAL  GAS,  ELECTRIC  AND  STEAM  UTILITY SERVICE WHICH IS
 SUBJECT TO THE PROVISIONS OF ARTICLE TWO OF THE PUBLIC SERVICE LAW;
   (II) RESIDENTIAL WATER AND SEWER SERVICE;
   (III) HOME HEATING FUEL, WHICH SHALL INCLUDE  FUEL  OIL,  COAL,  WOOD,
 PROPANE,  NATURAL  GAS,  ELECTRICITY, STEAM, KEROSENE AND ANY OTHER FUEL
 WHEN USED FOR RESIDENTIAL HEATING PURPOSES; AND
   (IV) TELECOMMUNICATIONS SERVICES AS DEFINED IN PARAGRAPH (G) OF SUBDI-
 VISION ONE OF SECTION ONE HUNDRED  EIGHTY-SIX-E  OF  THIS  CHAPTER,  AND
 SHALL  NOT INCLUDE WIRELESS COMMUNICATIONS SERVICE, AS DEFINED BY SUBDI-
 VISION TEN OF SECTION THREE HUNDRED ONE OF THE COUNTY LAW,  UNLESS  SUCH
 WIRELESS  SERVICE  IS  THE  ONLY  MEANS  BY WHICH THE QUALIFIED TAXPAYER
 RECEIVES TELEPHONIC SERVICES.
   (2) COMPUTATION OF CREDIT. FOR TAXABLE YEARS BEGINNING  ON  AND  AFTER
 JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,  A QUALIFIED TAXPAYER SHALL BE
 ALLOWED A CREDIT, TO BE CREDITED AGAINST THE TAX IMPOSED BY  THIS  ARTI-
 CLE. THE AMOUNT OF THE CREDIT SHALL BE ONE-HALF OF ALL ELIGIBLE EXPENSES
 PAID  BY THE QUALIFIED TAXPAYER TO THE EXTENT SUCH EXPENSES EXCEED SEVEN
 PERCENT OF THE QUALIFIED TAXPAYER'S HOUSEHOLD GROSS INCOME. SUCH  CREDIT
 SHALL  BE  REDUCED BY THE AMOUNT OF ANY MONEYS RECEIVED BY THE QUALIFIED
 TAXPAYER PURSUANT TO  THE  LOW-INCOME  HOME  ENERGY  ASSISTANCE  PROGRAM
 ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN OF THE SOCIAL SERVICES LAW.
   (3)  OVERPAYMENT.  IF  THE  AMOUNT  OF  THE  CREDIT ALLOWED UNDER THIS
 SUBSECTION FOR ANY TAXABLE YEAR SHALL EXCEED  THE  QUALIFIED  TAXPAYER'S
 TAX  FOR SUCH YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX
 TO BE CREDITED OR REFUNDED IN ACCORDANCE WITH SECTION SIX HUNDRED EIGHT-
 Y-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID
 THEREON.
   § 2. This act shall take effect immediately.