STATE OF NEW YORK
________________________________________________________________________
4129
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the tax law, in relation to enacting the "New York state
sportsmen's weekend act" and creating a limited exemption of the sale
of certain firearms, ammunition, archery equipment and hunting
supplies from state sales and compensating use taxes and granting
municipalities the option to grant such limited exemption
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "New York
2 state sportsmen's weekend act".
3 § 2. Subdivision (a) of section 1115 of the tax law is amended by
4 adding a new paragraph 44 to read as follows:
5 (44) Firearms, ammunition, archery equipment and hunting supplies
6 during the three-day period each year commencing on the third Friday of
7 August, and ending on the following Monday. For purposes of this para-
8 graph firearms shall mean any pistol, revolver, rifle or shotgun used
9 for the predominant use of hunting, as determined by the commissioner of
10 the department of environmental conservation. Ammunition, archery
11 equipment and hunting supplies shall mean any crossbows, long bows and
12 their respective supplies used for the predominant use of hunting, as
13 determined by the commissioner of the department of environmental
14 conservation. This paragraph shall only apply to pistols or revolvers on
15 the condition that the purchasing individual has obtained the license
16 required to purchase such a firearm, pursuant to section 400.00 of the
17 penal law, prior to the three-day period provided in this paragraph.
18 § 3. Subdivision (b) of section 1107 of the tax law is amended by
19 adding a new clause 12 to read as follows:
20 (12) Except as otherwise provided by law, the exemption on firearms,
21 ammunition, archery equipment and hunting supplies during the three-day
22 period each year commencing on the third Friday of August and ending on
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04226-02-7
A. 4129 2
1 the following Monday, provided in paragraph forty-four of subdivision
2 (a) of section eleven hundred fifteen of this article, shall be applica-
3 ble pursuant to a local law, ordinance or resolution adopted by a city
4 subject to the provisions of this section. Such city is empowered to
5 adopt or repeal such a local law, ordinance or resolution. Such adoption
6 or repeal shall also be deemed to amend any local law, ordinance or
7 resolution enacted by such a city imposing taxes pursuant to the author-
8 ity of subdivision (a) of section twelve hundred ten of this chapter.
9 § 4. Paragraph 1 of subdivision (a) of section 1210 of the tax law is
10 amended by adding a new subparagraph (iii) to read as follows:
11 (iii) Any local law, ordinance or resolution enacted by any city,
12 county or school district, imposing the taxes authorized by this subdi-
13 vision, shall omit the firearms, ammunition, archery equipment and hunt-
14 ing supplies exemption during the three-day period each year commencing
15 on the third Friday of August, and ending on the following Monday, as
16 provided for in paragraph forty-four of subdivision (a) of section elev-
17 en hundred fifteen of this chapter, unless such city, county of school
18 district elects otherwise; provided that if such a city having a popu-
19 lation of one million or more enacts the resolution described in subdi-
20 vision (p) of this section or repeals such resolution, such repeal or
21 resolution shall also be deemed to amend any local law, ordinance or
22 resolution enacted by such a city imposing such tax pursuant to the
23 authority of this subdivision, whether or not such taxes are suspended
24 at the time such city enacts its resolution pursuant to subdivision (q)
25 of this section or at the time of any such repeal; provided further that
26 any such local law, ordinance or resolution and section eleven hundred
27 seven of this chapter, as deemed to be amended in the event a city of
28 one million or more enacts a resolution pursuant to the authority of
29 subdivision (q) of this section, shall be further amended, as provided
30 in section twelve hundred eighteen of this subpart, so that the
31 firearms, ammunition, archery equipment and hunting supplies exemption
32 during the three-day period each year commencing on the third Friday of
33 August, and ending on the following Monday, in any such local law, ordi-
34 nance or resolution or in such section eleven hundred seven of this
35 chapter is the same as the state firearms, ammunition, archery equipment
36 and hunting supplies exemption during the three-day period each year
37 commencing on the third Friday of August, and ending on the following
38 Monday, in paragraph forty-four of subdivision (a) of section eleven
39 hundred fifteen of this chapter.
40 § 5. Subdivision (d) of section 1210 of the tax law, as amended by
41 section 4 of part WW of chapter 60 of the laws of 2016, is amended to
42 read as follows:
43 (d) A local law, ordinance or resolution imposing any tax pursuant to
44 this section, increasing or decreasing the rate of such tax, repealing
45 or suspending such tax, exempting from such tax the energy sources and
46 services described in paragraph three of subdivision (a) or of subdivi-
47 sion (b) of this section or changing the rate of tax imposed on such
48 energy sources and services or providing for the credit or refund
49 described in clause six of subdivision (a) of section eleven hundred
50 nineteen of this chapter, or electing or repealing the exemption for
51 residential solar equipment and electricity in subdivision (ee) of
52 section eleven hundred fifteen of this article, or the exemption for
53 commercial solar equipment and electricity in subdivision (ii) of
54 section eleven hundred fifteen of this article, or electing or repealing
55 the exemption for commercial fuel cell electricity generating systems
56 equipment and electricity generated by such equipment in subdivision
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1 (kk) of section eleven hundred fifteen of this article must go into
2 effect only on one of the following dates: March first, June first,
3 September first or December first; provided, that a local law, ordinance
4 or resolution providing for the exemption described in paragraph thirty
5 of subdivision (a) of section eleven hundred fifteen of this chapter or
6 repealing any such exemption or a local law, ordinance or resolution
7 providing for a refund or credit described in subdivision (d) of section
8 eleven hundred nineteen of this chapter or repealing such provision so
9 provided must go into effect only on March first; provided further that
10 a local law, ordinance or resolution providing for the exemption
11 described in paragraph forty-four of subdivision (a) of section eleven
12 hundred fifteen of this chapter or repealing any such exemption so
13 provided and a resolution enacted pursuant to the authority of subdivi-
14 sion (p) of this section provided such exemption or repealing such
15 exemption so provided may go into effect immediately. No such local law,
16 ordinance or resolution shall be effective unless a certified copy of
17 such law, ordinance or resolution is mailed by registered or certified
18 mail to the commissioner at the commissioner's office in Albany at least
19 ninety days prior to the date it is to become effective. However, the
20 commissioner may waive and reduce such ninety-day minimum notice
21 requirement to a mailing of such certified copy by registered or certi-
22 fied mail within a period of not less than thirty days prior to such
23 effective date if the commissioner deems such action to be consistent
24 with the commissioner's duties under section twelve hundred fifty of
25 this article and the commissioner acts by resolution. Where the
26 restriction provided for in section twelve hundred twenty-three of this
27 article as to the effective date of a tax and the notice requirement
28 provided for therein are applicable and have not been waived, the
29 restriction and notice requirement in section twelve hundred twenty-
30 three of this article shall also apply.
31 § 6. Section 1210 of the tax law is amended by adding a new subdivi-
32 sion (p) to read as follows:
33 (p) Notwithstanding any other provision of state or local law, ordi-
34 nance or resolution to the contrary:
35 (1) Any city having a population of one million or more in which the
36 taxes imposed by section eleven hundred seven of this chapter are in
37 effect, acting through its local legislative body, is hereby authorized
38 and empowered to elect to provide the same exemption from such taxes as
39 the firearms, ammunition, archery equipment and hunting supplies
40 exemption during a three-day period each year commencing on the third
41 Friday of August, and ending on the following Monday, from state sales
42 and compensating use taxes described in paragraph forty-four of subdivi-
43 sion (a) of section eleven hundred fifteen of this chapter by enacting a
44 resolution in the form set forth in paragraph two of this subdivision;
45 whereupon, upon compliance with the provisions of subdivisions (d) and
46 (e) of this section, such enactment of such resolution shall be deemed
47 to be an amendment to such section eleven hundred seven and such section
48 eleven hundred seven shall be deemed to incorporate such exemption as if
49 it had been duly enacted by the state legislature and approved by the
50 governor.
51 (2) Form of Resolution: Be it enacted by the (insert proper title of
52 local legislative body) as follows:
53 Section 1. Receipts from sales of and consideration given or
54 contracted to be given for purchases of firearms, ammunition, archery
55 equipment and hunting supplies exempt from state sales and compensating
56 use taxes during a three-day period each year commencing on the third
A. 4129 4
1 Friday of August and ending on the following Monday, pursuant to para-
2 graph forty-four of subdivision (a) of section eleven hundred fifteen of
3 the tax law shall also be exempt from sales and compensating use taxes
4 imposed in this jurisdiction.
5 Section 2. This resolution shall take effect, (insert the date) and
6 shall apply to sales made and uses occurring on and after that date
7 although made or occurring under a prior contract.
8 § 7. This act shall take effect on the first day of the sales tax
9 quarterly period, as described in subdivision (b) of section 1136 of the
10 tax law, beginning at least 90 days after the date this act shall have
11 become a law and shall apply in accordance with the applicable transi-
12 tional provisions of sections 1106 and 1217 of the tax law; and provided
13 that the commissioner of taxation and finance shall be authorized on and
14 after the date this act shall have become a law to adopt and amend any
15 rules or regulations necessary to implement this act on its effective
16 date.