STATE OF NEW YORK
        ________________________________________________________________________
                                           807
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 4, 2017
                                       ___________
        Introduced  by Sens. FUNKE, YOUNG -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government Operations
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04226-01-7

        S. 807                              2
     1  period each year commencing on the third Friday of August and ending  on
     2  the  following  Monday,  provided in paragraph forty-four of subdivision
     3  (a) of section eleven hundred fifteen of this article, shall be applica-
     4  ble  pursuant  to a local law, ordinance or resolution adopted by a city
     5  subject to the provisions of this section.   Such city is  empowered  to
     6  adopt or repeal such a local law, ordinance or resolution. Such adoption
     7  or  repeal  shall  also  be  deemed to amend any local law, ordinance or
     8  resolution enacted by such a city imposing taxes pursuant to the author-
     9  ity of subdivision (a) of section twelve hundred ten of this chapter.
    10    § 4. Paragraph 1 of subdivision (a) of section 1210 of the tax law  is
    11  amended by adding a new subparagraph (iii) to read as follows:
    12    (iii)  Any  local  law,  ordinance  or resolution enacted by any city,
    13  county or school district, imposing the taxes authorized by this  subdi-
    14  vision, shall omit the firearms, ammunition, archery equipment and hunt-
    15  ing  supplies exemption during the three-day period each year commencing
    16  on the third Friday of August, and ending on the  following  Monday,  as
    17  provided for in paragraph forty-four of subdivision (a) of section elev-
    18  en  hundred  fifteen of this chapter, unless such city, county or school
    19  district elects otherwise; provided that if such a city having  a  popu-
    20  lation  of one million or more enacts the resolution described in subdi-
    21  vision (q) of this section or repeals such resolution,  such  repeal  or
    22  resolution  shall  also  be  deemed to amend any local law, ordinance or
    23  resolution enacted by such a city imposing  such  tax  pursuant  to  the
    24  authority  of  this subdivision, whether or not such taxes are suspended
    25  at the time such city enacts its resolution pursuant to subdivision  (q)
    26  of this section or at the time of any such repeal; provided further that
    27  any  such  local law, ordinance or resolution and section eleven hundred
    28  seven of this chapter, as deemed to be amended in the event  a  city  of
    29  one  million  or  more  enacts a resolution pursuant to the authority of
    30  subdivision (q) of this section, shall be further amended,  as  provided
    31  in  section  twelve  hundred  eighteen  of  this  subpart,  so  that the
    32  firearms, ammunition, archery equipment and hunting  supplies  exemption
    33  during  the three-day period each year commencing on the third Friday of
    34  August, and ending on the following   Monday, in  any  such  local  law,
    35  ordinance or resolution or in section eleven hundred seven of this chap-
    36  ter is the same as the state firearms, ammunition, archery equipment and
    37  hunting  supplies  exemption  during  the  three-day  period  each  year
    38  commencing on the third Friday of August, and ending  on  the  following
    39  Monday,  in  paragraph  forty-four  of subdivision (a) of section eleven
    40  hundred fifteen of this chapter.
    41    § 5. Subdivision (d) of section 1210 of the tax  law,  as  amended  by
    42  section  4  of  part WW of chapter 60 of the laws of 2016, is amended to
    43  read as follows:
    44    (d) A local law, ordinance or resolution imposing any tax pursuant  to
    45  this  section,  increasing or decreasing the rate of such tax, repealing
    46  or suspending such tax, exempting from such tax the energy  sources  and
    47  services  described in paragraph three of subdivision (a) or of subdivi-
    48  sion (b) of this section or changing the rate of  tax  imposed  on  such
    49  energy  sources  and  services  or  providing  for  the credit or refund
    50  described in clause six of subdivision (a)  of  section  eleven  hundred
    51  nineteen  of  this  chapter,  or electing or repealing the exemption for
    52  residential solar equipment  and  electricity  in  subdivision  (ee)  of
    53  section  eleven  hundred  fifteen  of this article, or the exemption for
    54  commercial solar  equipment  and  electricity  in  subdivision  (ii)  of
    55  section eleven hundred fifteen of this article, or electing or repealing
    56  the  exemption  for  commercial fuel cell electricity generating systems

        S. 807                              3
     1  equipment and electricity generated by  such  equipment  in  subdivision
     2  (kk)  of  section  eleven  hundred  fifteen of this article must go into
     3  effect only on one of the following  dates:  March  first,  June  first,
     4  September first or December first; provided, that a local law, ordinance
     5  or  resolution providing for the exemption described in paragraph thirty
     6  of subdivision (a) of section eleven hundred fifteen of this chapter  or
     7  repealing  any  such  exemption  or a local law, ordinance or resolution
     8  providing for a refund or credit described in subdivision (d) of section
     9  eleven hundred nineteen of this chapter or repealing such  provision  so
    10  provided  must go into effect only on March first; provided further that
    11  a local  law,  ordinance  or  resolution  providing  for  the  exemption
    12  described  in  paragraph forty-four of subdivision (a) of section eleven
    13  hundred fifteen of this chapter  or  repealing  any  such  exemption  so
    14  provided  and a resolution enacted pursuant to the authority of subdivi-
    15  sion (q) of this section  provided  such  exemption  or  repealing  such
    16  exemption so provided may go into effect immediately. No such local law,
    17  ordinance  or  resolution  shall be effective unless a certified copy of
    18  such law, ordinance or resolution is mailed by registered  or  certified
    19  mail to the commissioner at the commissioner's office in Albany at least
    20  ninety  days  prior  to the date it is to become effective. However, the
    21  commissioner  may  waive  and  reduce  such  ninety-day  minimum  notice
    22  requirement  to a mailing of such certified copy by registered or certi-
    23  fied mail within a period of not less than thirty  days  prior  to  such
    24  effective  date  if  the commissioner deems such action to be consistent
    25  with the commissioner's duties under section  twelve  hundred  fifty  of
    26  this  article  and  the  commissioner  acts  by  resolution.  Where  the
    27  restriction provided for in section twelve hundred twenty-three of  this
    28  article  as  to  the  effective date of a tax and the notice requirement
    29  provided for therein are  applicable  and  have  not  been  waived,  the
    30  restriction  and  notice  requirement  in section twelve hundred twenty-
    31  three of this article shall also apply.
    32    § 6. Section 1210 of the tax law is amended by adding a  new  subdivi-
    33  sion (q) to read as follows:
    34    (q)  Notwithstanding  any other provision of state or local law, ordi-
    35  nance or resolution to the contrary:
    36    (1) Any city having a population of one million or more in  which  the
    37  taxes  imposed  by  section  eleven hundred seven of this chapter are in
    38  effect, acting through its local legislative body, is hereby  authorized
    39  and  empowered to elect to provide the same exemption from such taxes as
    40  the  firearms,  ammunition,  archery  equipment  and  hunting   supplies
    41  exemption  during  a  three-day period each year commencing on the third
    42  Friday of August, and ending on the following Monday, from  state  sales
    43  and compensating use taxes described in paragraph forty-four of subdivi-
    44  sion (a) of section eleven hundred fifteen of this chapter by enacting a
    45  resolution  in  the form set forth in paragraph two of this subdivision;
    46  whereupon, upon compliance with the provisions of subdivisions  (d)  and
    47  (e)  of  this section, such enactment of such resolution shall be deemed
    48  to be an amendment to such section eleven hundred seven and such section
    49  eleven hundred seven shall be deemed to incorporate such exemption as if
    50  it had been duly enacted by the state legislature and  approved  by  the
    51  governor.
    52    (2)  Form  of Resolution: Be it enacted by the (insert proper title of
    53  local legislative body) as follows:
    54    Section  1.  Receipts  from  sales  of  and  consideration  given   or
    55  contracted  to  be  given for purchases of firearms, ammunition, archery
    56  equipment and hunting supplies exempt from state sales and  compensating

        S. 807                              4
     1  use  taxes  during  a three-day period each year commencing on the third
     2  Friday of August and ending on the following Monday, pursuant  to  para-
     3  graph forty-four of subdivision (a) of section eleven hundred fifteen of
     4  the  tax  law shall also be exempt from sales and compensating use taxes
     5  imposed in this jurisdiction.
     6    Section 2. This resolution shall take effect, (insert  the  date)  and
     7  shall  apply  to  sales  made  and uses occurring on and after that date
     8  although made or occurring under a prior contract.
     9    § 7. This act shall take effect on the first  day  of  the  sales  tax
    10  quarterly period, as described in subdivision (b) of section 1136 of the
    11  tax  law,  beginning at least 90 days after the date this act shall have
    12  become a law and shall apply in accordance with the  applicable  transi-
    13  tional provisions of sections 1106 and 1217 of the tax law; and provided
    14  that the commissioner of taxation and finance shall be authorized on and
    15  after  the  date this act shall have become a law to adopt and amend any
    16  rules or regulations necessary to implement this act  on  its  effective
    17  date.