NY State Senate Bill 2021-S7365

Senate Bill S7365

2021-2022 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A3409 - Passed Senate

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	returned to assembly passed senate 3rd reading cal.1830 substituted for s7365a
Jun 01, 2022	substituted by a3409a ordered to third reading cal.1830 committee discharged and committed to rules
May 11, 2022	reported and committed to finance
Mar 10, 2022	print number 7365a
Mar 10, 2022	amend and recommit to budget and revenue
Jan 05, 2022	referred to budget and revenue
Sep 03, 2021	referred to rules

Votes

- Jun 1, 2022 - Floor Vote
  A3409
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
  Jun 1, 2022 - Rules Committee Vote
  S7365
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (1)
      
      Lanza
  May 11, 2022 - Budget And Revenue Committee Vote
  S7365
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Budget And Revenue Committee Vote: May 11, 2022
      
      aye (7)
      
      Gounardes
      
      Kaminsky
      
      Krueger
      
      Liu
      
      Rath III
      
      Salazar
      
      Weik

Bill Amendments

Original

A (Active)

2021-S7365 - Details

See Assembly Version of this Bill:: A3409
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7537
2015-2016: A1276, A9303
2017-2018: A5950, A10668
2019-2020: S2424, A2493

2021-S7365 - 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.

2021-S7365 - Sponsor Memo

                                
 
BILL NUMBER: S7365

SPONSOR: KAPLAN
 
TITLE OF BILL:

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 expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow a tax credit for either new or retrofitted principal residences
which are universally designed to be accessible and adaptable housing.

 
SUMMARY OF PROVISIONS:

This bill amends section 606 of the tax law by adding a new subsection
(ccc) which would provide a one-time tax credit for a newly constructed
principal residence not to exceed $2,750 or for a renovated principal
residence of 50% of the amount expended, not to exceed $2,750, for
universal visitability.  Eligibility requirements for universal visita-

bility would be established through guidelines by the Department of
State Division of Code Enforcement and Administration. This credit would
be effective beginning January 1, 2022 until December 31, 2026.

 
JUSTIFICATION:

This legislation provides a positive incentive for universal design
changes to create accessible and adaptable housing which is important to
allow individuals to age in place. Universal design changes make resi-
dences accessible and user friendly for senior citizens and others with
limited mobility. By providing seniors with the opportunity to age in
place, this may save some of the costs associated with assisted living
or nursing homes. This bill would provide and alternative for many
seniors who are able to remain in place with universal design changes.
It also will assist in building an inventory of residence which will
have universal design to ensure accessibility. The use of a tax credit
provides and incentive rather than a mandated approach.

 
PRIOR LEGISLATIVE HISTORY:

S.2424 /A.2493 - 2019 Passed both houses and Vetoed by Governor
S.2411A/A.5950A - 2017; Passed both houses and Vetoed by Governor.
S.6943A/A.9303B - 2016;
S.2967A/A.1276 - 2015 Passed both houses and Vetoed by Governor. 2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The total credit amount provided by the state will be capped at $1
million one

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
commencing on and after January 1, 2022 and shall expire and be deemed
repealed December 31, 2026

2021-S7365 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7365
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             September 3, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 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 (kkk) to read as follows:
   (KKK) UNIVERSAL VISITABILITY TAX CREDIT. (1) FOR TAXABLE YEARS  BEGIN-
 NING  ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO, UNTIL DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, 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
 PRINCIPAL  RESIDENCE HAS BEEN PURCHASED OR CONSTRUCTED, OR THE RETROFIT-
 TING OR RENOVATION  OF  THE  RESIDENCE  OR  RESIDENTIAL  UNIT  HAS  BEEN
 COMPLETED,  OR  THE  YEAR  OF  ALLOCATION TO THE TAXPAYER AS PROVIDED IN
 PARAGRAPH SEVEN OF  THIS  SUBSECTION.  THE  CREDIT  ALLOWED  UNDER  THIS
 SUBSECTION  SHALL  NOT EXCEED (A) TWENTY-SEVEN HUNDRED FIFTY DOLLARS FOR
 THE PURCHASE OF A NEW RESIDENCE, OR  (B)  FIFTY  PERCENT  OF  THE  TOTAL
 AMOUNT  EXPENDED,  BUT  NOT TO EXCEED TWENTY-SEVEN HUNDRED FIFTY DOLLARS
 FOR THE RETROFITTING OR RENOVATION OF EACH EXISTING RESIDENCE OR UNIT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06606-01-1

 S. 7365                             2
 
   (3) NO CREDIT SHALL BE ALLOWED UNDER THIS SUBSECTION FOR THE PURCHASE,
 RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
   (4)  THE  CREDIT  SHALL  BE  ALLOWED  UNDER  THIS  SUBSECTION ONLY FOR
 UNIVERSAL VISITABILITY IMPROVEMENTS MADE BY OR AT THE DIRECTION  OF  THE
 TAXPAYER.
   (5)  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.
   (6) ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT THROUGH THE DIVISION
 OF CODE ENFORCEMENT AND ADMINISTRATION WITHIN THE DEPARTMENT  OF  STATE.
 THE  DIVISION  OF CODE ENFORCEMENT AND ADMINISTRATION WITHIN THE DEPART-
 MENT OF STATE SHALL ISSUE A CERTIFICATION FOR AN APPROVED APPLICATION TO
 THE TAXPAYER THAT STATES THE AMOUNT  OF  THE  CREDIT  ALLOCATED  TO  THE
 TAXPAYER AND THE ALLOCATION YEAR.
   (7)  (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 TWENTY-TWO THROUGH TWO THOUSAND TWENTY-
 SIX. SUCH AGGREGATE AMOUNTS OF CREDITS SHALL BE ALLOCATED BY THE DEPART-
 MENT 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 SUBSECTION, 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 TWEN-
 TY-ONE  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 DATES 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 TWENTY-ONE DEADLINE.
   (8) THE DEPARTMENT OF STATE SHALL SUBMIT TO THE GOVERNOR,  THE  TEMPO-
 RARY 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
 SUBSECTION. SUCH REPORT SHALL BE BASED ON DATA AVAILABLE FROM THE APPLI-
 CATION  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.
   § 2. This act shall take effect immediately and shall apply to taxable
 years  commencing  on  and after January 1, 2022 and shall expire and be
 deemed repealed December 31, 2026.

co-Sponsors

2021-S7365A (ACTIVE) - Details

See Assembly Version of this Bill:: A3409
Law Section:: Tax Law
Laws Affected:: Amd §606, Tax L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7537
2015-2016: A1276, A9303
2017-2018: A5950, A10668
2019-2020: S2424, A2493

2021-S7365A (ACTIVE) - Summary

2021-S7365A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7365A

SPONSOR: KAPLAN
 
TITLE OF BILL:

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 expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

To allow a tax credit for either new or retrofitted principal residences
which are universally designed to be accessible and adaptable housing.

 
SUMMARY OF PROVISIONS:

This bill amends section 606 of the tax law by adding a new subsection
(nnn) which would provide a one-time tax credit for a newly constructed
principal residence not to exceed $2,750 or for a renovated principal
residence of 50% of the amount expended, not to exceed $2,750, for
universal visitability.  Eligibility requirements for universal visita-
bility would be established through guidelines by the Department of

State Division of Code Enforcement and Administration. This credit would
be effective beginning January 1, 2023 until December 31, 2027.

 
JUSTIFICATION:

This legislation provides a positive incentive for universal design
changes to create accessible and adaptable housing which is important to
allow individuals to age in place. Universal design changes make resi-
dences accessible and user friendly for senior citizens and others with
limited mobility. By providing seniors with the opportunity to age in
place, this may save some of the costs associated with assisted living
or nursing homes. This bill would provide and alternative for many
seniors who are able to remain in place with universal design changes.
It also will assist in building an inventory of residence which will
have universal design to ensure accessibility. The use of a tax credit
provides and incentive rather than a mandated approach.

 
PRIOR LEGISLATIVE HISTORY:

S.2424 /A.2493 - 2019 Passed both houses and Vetoed by Governor

S.2411A/A.5950A - 2017; Passed both houses and Vetoed by Governor.

S.6943A/A.9303B - 2016;

S.2967A/A.1276 - 2015 Passed both houses and Vetoed by Governor. 2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

The total credit amount provided by the state will be capped at $1
million one

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
commencing on and after January 1, 2023 and shall expire and be deemed
repealed December 31, 2027.

2021-S7365A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7365--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             September 3, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules  --  recommitted  to
   the  Committee on Budget and Revenue in accordance with Senate Rule 6,
   sec. 8 -- 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 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 (nnn) to read as follows:
   (NNN)  UNIVERSAL VISITABILITY TAX CREDIT. (1) FOR TAXABLE YEARS BEGIN-
 NING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE, UNTIL  DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY-SEVEN, 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
 PRINCIPAL  RESIDENCE HAS BEEN PURCHASED OR CONSTRUCTED, OR THE RETROFIT-
 TING OR RENOVATION  OF  THE  RESIDENCE  OR  RESIDENTIAL  UNIT  HAS  BEEN
 COMPLETED,  OR  THE  YEAR  OF  ALLOCATION TO THE TAXPAYER AS PROVIDED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06606-03-2

 S. 7365--A                          2
 
 PARAGRAPH SEVEN OF  THIS  SUBSECTION.  THE  CREDIT  ALLOWED  UNDER  THIS
 SUBSECTION  SHALL  NOT EXCEED (A) TWENTY-SEVEN HUNDRED FIFTY DOLLARS FOR
 THE PURCHASE OF A NEW RESIDENCE, OR  (B)  FIFTY  PERCENT  OF  THE  TOTAL
 AMOUNT  EXPENDED,  BUT  NOT TO EXCEED TWENTY-SEVEN HUNDRED FIFTY DOLLARS
 FOR THE RETROFITTING OR RENOVATION OF EACH EXISTING RESIDENCE OR UNIT.
   (3) NO CREDIT SHALL BE ALLOWED UNDER THIS SUBSECTION FOR THE PURCHASE,
 RETROFITTING OR RENOVATION OF RESIDENTIAL RENTAL PROPERTY.
   (4) THE CREDIT  SHALL  BE  ALLOWED  UNDER  THIS  SUBSECTION  ONLY  FOR
 UNIVERSAL  VISITABILITY  IMPROVEMENTS MADE BY OR AT THE DIRECTION OF THE
 TAXPAYER.
   (5) 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.
   (6) ELIGIBLE TAXPAYERS SHALL APPLY FOR THE CREDIT THROUGH THE DIVISION
 OF  CODE  ENFORCEMENT AND ADMINISTRATION WITHIN THE DEPARTMENT OF STATE.
 THE DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION WITHIN  THE  DEPART-
 MENT OF STATE SHALL ISSUE A CERTIFICATION FOR AN APPROVED APPLICATION TO
 THE  TAXPAYER  THAT  STATES  THE  AMOUNT  OF THE CREDIT ALLOCATED TO THE
 TAXPAYER AND THE ALLOCATION YEAR.
   (7) (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 TWENTY-THREE THROUGH TWO  THOUSAND  TWEN-
 TY-SEVEN.  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 SUBSECTION, 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 TWEN-
 TY-TWO  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 DATES 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 TWENTY-TWO DEADLINE.
   (8) THE DEPARTMENT OF STATE SHALL SUBMIT TO THE GOVERNOR,  THE  TEMPO-
 RARY 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
 SUBSECTION. SUCH REPORT SHALL BE BASED ON DATA AVAILABLE FROM THE APPLI-
 CATION  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-
 S. 7365--A                          3
 
 TION, REPEAL OF SUCH ACT, AND SUCH OTHER INFORMATION REGARDING  THE  ACT
 AS THE DIVISION MAY FEEL USEFUL AND APPROPRIATE.
   § 2. This act shall take effect immediately and shall apply to taxable
 years  commencing  on  and after January 1, 2023 and shall expire and be
 deemed repealed December 31, 2027.

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