S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5440
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 10, 2023
                                ___________
 
 Introduced  by M. of A. PALMESANO, BLANKENBUSH, DeSTEFANO, J. M. GIGLIO,
   HAWLEY, LEMONDES, MANKTELOW, MORINELLO, NORRIS,  RA,  REILLY,  SAYEGH,
   SMULLEN,  TAGUE  -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, BYRNES,
   DiPIETRO, FRIEND, GOODELL, McDONOUGH, MIKULIN, MILLER, SMITH, WALSH --
   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 (ooo) to read as follows:
   (OOO) 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 TWENTY-FIVE, 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08464-01-3
              

 A. 5440                             2
 
 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-
 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.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2025.