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Wednesday, December 31, 2003
Almost half a billion dollars in state tax reductions will go into effect on January 1, 2004, according to Senate Majority Leader Joseph L. Bruno. The tax changes include a reduction in the state Gross Receipts Tax on electricity and natural gas, an increase in the College Tuition Tax Credit/Deduction and a reduction in the personal income tax rate.
"In 2000, the Senate initiated more than $1.5 billion in tax cuts, including a reduction in the Gross Receipts Tax on electricity and natural gas, to help residents and businesses save money on energy costs and a new program to allow people to deduct college expenses," Senator Bruno said. "The final phase of both of these tax reduction plans kick in on New Year�s Day 2004. In addition, on January 1 we�ll take the first step towards keeping our commitment to phase out the tax rate increase on the wealthiest New Yorkers that was part of the budget adopted this year."
The tax changes taking place on January 1, 2004 include the following:
College Tuition Tax Credit - The Senate initiated the College Tuition Tax Credit/Deduction program in 2000 to help families afford the cost of higher education. On January 1, 2004, the final phase-in of the program will enable taxpayers to deduct 100 percent (up from 75 percent) of college tuition expenses up to $10,000 or receive a four percent refundable tax credit on college tuition expenses up to $10,000. For tuition expenses of less than $5,000, such as tuition at SUNY and CUNY, the tax credit is a minimum of $200 or the amount of tuition, whichever is less. The final phase in will save taxpayers $55 million.
Gross Receipts Tax (GRT) - In 2000 the Senate fought for a reduction in the state Gross Receipts Tax on electricity and natural gas. Various GRT rate reductions on January 1, 2004 will result in savings of $90 million for residential, business and manufacturing customers in New York State.
Personal Income Tax Reduction (PIT) - The first scheduled phase down of the increase in the state personal income tax will become effective on January 1, 2004, saving taxpayers as much as $300 million. The rate will go from 7.5 percent to 7.375 percent for: married taxpayers filing jointly with income of $150,000 to $500,000; single heads of households earning $125,000-$500,000; and single filers earning $100,000-$500,000. The PIT increase included in the 2003-04 state budget is scheduled to completely phase out in 2006.
In addition to the tax reductions, laws that will take effect on January 1, 2004 include the following (a complete list is attached):
Assigned Counsel Fee Increase
Chapter 62, Part J, Sections 1, 2, 3, 5 (S.1406-B, Budget)
Increases hourly rates paid to assigned counsel and law guardians, to $75 per hour for felony and family court work, and $60 per hour for other work.
Credit & Debit Card Security
Chapter 499 (S.4531, Sen. Stephen Saland)
Provides increased security to electronic credit and debit card transactions by prohibiting businesses from printing more than the last 5 numbers of a credit or debit card on any receipt given to the cardholder.
"While many merchants have already eliminated full disclosure of credit card numbers on receipts it is imperative that everyone follow suit," said Senator Stephen Saland (R-C, Poughkeepsie) said. "This law will offer consumers assurance that their numbers are not readily available on a receipt that may be misplaced or stolen and subsequently becomes a means of identity theft."
Breast Cancer Education
Chapter 515 (S.1042-B, Sen. Owen H. Johnson)
Expands the Breast Cancer Detection and Education Program by adding new information that must be included in the statewide public education and outreach campaign materials as well as the professional education aspect of the program, regarding the importance of both clinical breast exams and breast self-exams, how to best perform each procedure and how frequently, and what to expect during clinical breast exams and mammography procedures, in order to ensure that every effort is made to detect breast cancer at its earliest and most treatable stages.
"This new law will help detect breast cancer in some patients earlier, meaning that their treatment can begin sooner and their chances of survival will be better. It is going to save lives," said Senator Owen H. Johnson (4th Senate District, Babylon), Chairman of the Finance Committee.
MTBE Ban
Chapter 35 of the Laws of 2000 (S.6137-A, Sen. Carl Marcellino)
Establishes a ban on importing, selling, dispensing, or offering for sale any gasoline that contains methyl tertiary butyl ether (MTBE).
"MTBE is a serious problem. It poses a significant water contamination threat to New York State. We should not have to sacrifice water quality for limited air improvements. While the original intent was laudable, MTBE has proven to be an ineffective failure. This new law is a significant step towards protecting groundwater across the State," said Senator Carl L. Marcellino (R-Syosset), Chairman of the Senate Environmental Conservation Committee.
LAWS TAKING EFFECT JANUARY 1, 2004
The following is a list of all laws enacted during the 2000 through 2003 Legislative Sessions that are scheduled to go into effect on January 1, 2004, in order of: year of enactment and chapter number.
2003 Laws
Chapter 62, Part J, Sections 1, 2, 3, 5 (S.1406-B, Budget)
Increases hourly rates paid to assigned counsel and law guardians, to $75 per hour for felony and family court work, and $60 per hour for other work.
Chapter 80 (S.3029- Balboni)
Chapter 620 (S. 5529- Balboni)
Changes, from July 1st to January 1st each year, the date on which the fiscal year begins for the funding district of the Carle Place Public Library (Town of North Hempstead, Nassau County).
Chapter 131 (S. 2964, Saland)
Authorizes municipalities in Columbia County, at local option, to grant a partial real property tax exemption for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county, to the extent of 10% of assessed value up to a maximum of $3,000 multiplied by the latest applicable State equalization rate.
Chapter 133 (S. 3341, Maziarz)
Authorizes municipalities in Orleans County, at local option, to grant a partial real property tax exemption for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county, to the extent of 10% of assessed value up to a maximum of $3,000 multiplied by the latest applicable State equalization rate.
Chapter 140 (S. 3916, Robach)
Allows the New York State Teachers' Retirement System to use the interest rate on 10-year United States Treasury obligations, instead of the 30-year obligations, as the basis to calculate interest for certain purposes.
Chapter 146 (S. 4823, Farley)
Authorizes the Superintendent of Banking to prescribe regulations relating to the principal amount of the surety bond required for mortgage banker license and mortgage broker registration applicants. Requires that the regulations provide for a varying bond amount based upon a licensee's volume of business, and broadens the powers of the Superintendent to refuse to issue a certificate.
Chapter 168 (S.2787- Maziarz)
Authorizes municipalities in Niagara County, at local option, to grant a partial real property tax exemption for real property owned by an enrolled member of an incorporated volunteer fire company, fire department, or incorporated voluntary ambulance service, or an enrolled member and spouse, residing in the county, to the extent of 10% of assessed value up to a maximum of $3,000 multiplied by the latest applicable State equalization rate.
Chapter 176 (S.4329, Johnson)
Establishes eligibility limitations for commercial fishing licenses to be issued during the years 2004 through 2007. Makes provisions for commercial crab permits and commercial whelk or conch licenses, and continues the current moratorium on new commercial lobster permits. Establishes a commercial license apprenticeship program within the Department of Environmental Conservation.
Chapter 269 (S. 316-B, Nozzolio)
Mandates the completion of 36 hours of continuing education by chiropractors every 3 years, a maximum of 12 hours of which may be self-instructional course work.
Chapter 327 (S.4774- Flanagan)
Provides for a minimum period of 45 days for public comment on rules subject to the 5-year review cycle for existing rules and exempts consensus rules from such review.
Chapter 338 (S. 1693, Spano)
Replaces the term "legally blind" with the less restrictive "visually impaired" in relation to mandated health insurance coverage for necessary equipment and supplies in order to remove an obstacle for people with diabetes who are seeking benefits from their health insurance programs
Chapter 340 (S. 1821, Meier)
Prohibits any social services official from asserting any claim to recover payments of public assistance if the payments were reimbursed by child support collections.
Chapter 402 (S. 404, Nozzolio)
Establishes March 10 of each year as "Harriet Tubman Day" in commemoration of her life achievements and her pivotal role in the "Underground Railroad."
Chapter 429 (S.4075, Flanagan)
Increases the minimum comment period prior to the adoption of certain State rules, from 45 days to 60 days, in cases where the full text of the proposed rule is not available.
Chapter 482 (S. 3778-A, Spano)
Increases pilotage rates and charges for vessels navigating the Hudson River in 3 stages, effective January 1, 2004, January 1, 2005, and January 1, 2006.
Chapter 486 (S. 4795, Maziarz)
Amends the Navigation Law to reflect the jurisdictional transfer of the New York State Canal System from the Department of Transportation to the Canal Corporation and to clarify that the Canal Corporation is responsible for establishing vessel speed limits on the Canal System.
Chapter 499 (S.5431, Saland)
Provides increased security to electronic credit and debit card transactions by prohibiting businesses from printing more than the last 5 numbers of a credit or debit card on any receipt given to the cardholder.
Chapter 502 (S.3245-A, Maziarz)
Authorizes a real property tax exemption, at the option of the City of Lockport (Niagara County), for certain former multiple-dwelling residences within the city that are converted back to owner-occupied single-family dwellings or that are reduced to no more than 2 units.
Chapter 515 (S. 1042-B, Johnson)
Expands the Breast Cancer Detection and Education Program by adding new information that must be included in the statewide public education and outreach campaign materials as well as the professional education aspect of the program, regarding the importance of both clinical breast exams and breast self-exams, how to best perform each procedure and how frequently, and what to expect during clinical breast exams and mammography procedures, in order to ensure that every effort is made to detect breast cancer at its earliest and most treatable stages.
Chapter 527 (S. 3612-A, Larkin)
Specifies that for purposes of the Agricultural Real Property Tax Credit, a taxpayer may, for any taxable year (for those beginning on and after January 1, 2004), use the average of federal gross income from farming for that taxable year and such income for the 2 consecutive taxable years immediately preceding such taxable year, in determining income eligibility.
Chapter 540 (S. 5538, Libous)
Changes the definitions of the terms "credit period" and "payment period" with respect to the authorized credit period and required dates for payments due from licensed retail sellers of beer or wine products to manufacturers and wholesalers.
Chapter 547 (S.5499, Volker)
Requires that a copy of a subpoena duces tecum served in a pending action be served on each party who has appeared in the action so that it is received by such parties promptly after service on the witness and before the production of books, papers or other things.
Chapter 548 (S.4046, Golden)
Requires all assessors to file a statement of financial disclosure as provided for in the General Municipal Law. Applies to all assessing units and consolidated assessing units in the state, and to assessors and other personnel assessing or professionally appraising real property for the purposes of taxation.
Chapter 550 (S.3929, Little)
Makes the necessary statutory changes to implement the Constitutional Amendment (S. 3383, PBH; approved by voters on November 4, 2003) extending for 10 years, until January 1, 2014, the authority for counties, cities, towns, and villages to exclude sewage facility indebtedness from their constitutional debt limits.
Chapter 601 (S. 1570-A, Alesi)
Raises the ceiling for a small claim (and by reference, a commercial claim) in any cause of action for money from $3,000 to $5,000.
Chapter 606 (S. 2949-A, Hannon)
Mandates certified home health agencies (CHHAs) and licensed home care services agencies (LHCSAs) to include in their annual reports to the Commissioner of Health information on the type, frequency, and reimbursement received for services provided, including reimbursement from federal and state governmental agencies.
Chapter 613 (S. 4921, Libous)
Makes parking in a handicapped parking access aisle subject to the existing fine schedule for illegally parking in a handicapped parking space and makes the offending vehicle subject to impoundment.
Chapter 632 (S.5306, Rath)
Clarifies provisions relating to the appointment of standby guardians. Provides that the appointment of a standby guardian shall be effective, even if made in another state, as long as certain conditions are met. Addresses the problem of conflicting designations of standby guardians, including those made in a testamentary instrument, by providing that the most recent designation be given effect.
Chapter 645 (S. 830, Morahan)
Allows the Commissioner of Health, in establishing capitated rates of payment for services provided by assisted living programs, to reflect real property capital construction costs associated with the construction of a free-standing assisted living program under certain circumstances, with such rate to include a payment equal to the cost of interest owed and depreciation costs of such construction.
Chapter 652 (S. 3021, Libous)
Increases, from $60,000 to $125,000, the amount that may be raised by the Town of Colesville (Broome County) for the purchase of certain highway equipment without voter approval.
Chapter 685, Sections 2 & 3 (S. 5720, Rules)
Authorizes Nassau County to finance the activities of the newly-established Nassau County Sewer and Storm Water Finance Authority by imposing motor vehicle registration taxes (at an annual rate of up to $15 for most passenger motor vehicles and $40 for trucks, buses, and other commercial motor vehicles, except certain farm vehicles).
Chapter 687, Sections 2-21, 41, 43-48 (S. 5729, Seward)
Enacts a New York version of the National Association of Insurance Commissioners (NAIC) Producer Licensing Model Act to bring New York into compliance with the provisions of the 1999 federal Financial Services Modernization Act (also known as the Gramm-Leach-Bliley Act) regarding uniform or reciprocal licensing of insurance producers.
Chapter 688, Section 1 (S.5202-A, Nozzolio)
Enacts a new Interstate Compact for Adult Offender Supervision and provides for the creation of the Interstate Commission for Adult Offender Supervision, which will have representation from all compact states and will develop procedures for the handling of such cases.
2002 Laws
Chapter 85, Part C, Section 2 (S.6260-B, Budget)
Establishes a sunset date of January 1, 2004 on provisions allowing for a petroleum storage tank credit under the personal income tax, which applies only to taxable years beginning in 2002 and 2003, for any existing residential fuel oil tanks removed or closed after March 31, 2002.
Chapter 135 (S. 3017-A, LaValle)
Mandates that a minimum of 24 hours of acceptable continuing education be completed by land surveyors during each triennial registration period.
Chapter 146 (S. 5470-A, LaValle)
Requires the completion of 36 hours of acceptable continuing education by licensed professional engineers during each triennial registration period.
2000 Laws
Chapter 35 (S.6137-A, Marcellino)
Establishes a ban on importing, selling, dispensing, or offering for sale any gasoline that contains methyl tertiary butyl ether (MTBE).
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