BILL NUMBER: S4460

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the tax law, in relation to providing a tax credit for
certain taxpayers who suffer the birth of a stillborn child

 
PURPOSE:

To provide recognition of the loss and compensation for the costs asso-
ciated with a stillbirth.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 606 of the tax law by adding a new
subsection (jjj) which establishes a $2000 refundable tax credit for the
birth of a stillborn child. The credit would be allowed for the taxable
year in which the certificate of stillbirth is issued.  Birth of a
stillborn child is defined as the birth of a child for whom a certif-
icate of stillbirth has been issued pursuant to section four thousand
one hundred sixty-a of the public ' health law.
              

Section 2 of the bill establishes the effective date.

 
JUSTIFICATION:

1 in 160 pregnancies ends in a stillborn child, and two-thirds of still-
birth deaths remain unexplained. Stillbirth deaths cut across socio-eco-
nomic classes, races, religions and maternal age groups.  They leave
families emotionally devastated while facing both the costs associated
with preparing for a new child and unexpected costs of funerals and
testing. Despite the emotional and financial costs, the family receives
no cultural or tax acknowledgement. When a baby is delivered alive,
irrespective of viability, the family is afforded the acknowledgement
and provided the dependent tax credit for the year of the birth. This
bill provides acknowledgement of the loss experienced, as well as
compensation to offset expenses associated with the birth and loss, for
the taxable year in which a certificate of stillbirth is issued.

 
PRIOR LEGISLATIVE HISTORY:

2021/22: S2184 (Mayer): referred to Budget and Revenue (2021); referred
to Budget and Revenue (2022)

2019/20: S3709 (Mayer) / A7468 (Buchwald): referred to Budget and Reven-
ue (2019); reported and Committed to Finance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to taxable years
beginning on and after January 1, 2023. Effective immediately, the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act on its effective date are authorized to
be made on or before such date.