S T A T E O F N E W Y O R K
________________________________________________________________________
4601--A
2025-2026 Regular Sessions
I N S E N A T E
February 10, 2025
___________
Introduced by Sens. GOUNARDES, RHOADS -- read twice and ordered printed,
and when printed to be committed to the Committee on Budget and Reven-
ue -- recommitted to the Committee on Budget and Revenue in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee
and committed to the Committee on Finance -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the tax law, in relation to exempting school supplies
from sales tax during a specified period each year
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 1115 of the tax law is amended
by adding a new paragraph 47 to read as follows:
(47) SCHOOL SUPPLIES OR ITEMS COMMONLY USED BY A STUDENT IN A COURSE
OF STUDY FOR WHICH THE RECEIPT OR CONSIDERATION GIVEN OR CONTRACTED TO
BE GIVEN IS LESS THAN ONE HUNDRED TEN DOLLARS FOR THE TOTAL PURCHASE,
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, BOOK BAGS OR BACKPACKS,
TEXTBOOKS, PENS, PENCILS, HIGHLIGHTERS, CRAYONS, MARKERS, ERASERS, INDEX
CARDS, PAPER, NOTEBOOKS, BINDERS, FOLDERS, SCISSORS, RULERS, AND CALCU-
LATORS. ONLY THE PURCHASES MADE DURING THE FIFTEEN-DAY PERIOD COMMENCING
ON THE FIFTEENTH DAY IMMEDIATELY PRECEDING THE FIRST MONDAY IN SEPTEM-
BER, KNOWN AS LABOR DAY, AND ENDING ON LABOR DAY, DURING EACH CALENDAR
YEAR SHALL BE EXEMPT UNDER THIS PARAGRAPH.
§ 2. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
amended by section 5 of part J of chapter 59 of the laws of 2021, is
amended to read as follows:
(1) Either, all of the taxes described in article twenty-eight of this
chapter, at the same uniform rate, as to which taxes all provisions of
the local laws, ordinances or resolutions imposing such taxes shall be
identical, except as to rate and except as otherwise provided, with the
corresponding provisions in such article twenty-eight, including the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05617-04-6
S. 4601--A 2
definition and exemption provisions of such article, so far as the
provisions of such article twenty-eight can be made applicable to the
taxes imposed by such city or county and with such limitations and
special provisions as are set forth in this article. The taxes author-
ized under this subdivision may not be imposed by a city or county
unless the local law, ordinance or resolution imposes such taxes so as
to include all portions and all types of receipts, charges or rents,
subject to state tax under sections eleven hundred five and eleven
hundred ten of this chapter, except as otherwise provided. Notwith-
standing the foregoing, a tax imposed by a city or county authorized
under this subdivision shall not include the tax imposed on charges for
admission to race tracks and simulcast facilities under subdivision (f)
of section eleven hundred five of this chapter. (i) Any local law, ordi-
nance or resolution enacted by any city of less than one million or by
any county or school district, imposing the taxes authorized by this
subdivision, shall, notwithstanding any provision of law to the contra-
ry, exclude from the operation of such local taxes all sales of tangible
personal property for use or consumption directly and predominantly in
the production of tangible personal property, gas, electricity, refrig-
eration or steam, for sale, by manufacturing, processing, generating,
assembly, refining, mining or extracting; and all sales of tangible
personal property for use or consumption predominantly either in the
production of tangible personal property, for sale, by farming or in a
commercial horse boarding operation, or in both; and all sales of fuel
sold for use in commercial aircraft and general aviation aircraft; and,
unless such city, county or school district elects otherwise, shall omit
the provision for credit or refund contained in clause six of subdivi-
sion (a) or subdivision (d) of section eleven hundred nineteen of this
chapter. (ii) Any local law, ordinance or resolution enacted by any
city, county or school district, imposing the taxes authorized by this
subdivision, shall omit the residential solar energy systems equipment
and electricity exemption provided for in subdivision (ee), the commer-
cial solar energy systems equipment and electricity exemption provided
for in subdivision (ii), the commercial fuel cell electricity generating
systems equipment and electricity generated by such equipment exemption
provided for in subdivision (kk) [and], the clothing and footwear
exemption provided for in paragraph thirty of subdivision (a) of section
eleven hundred fifteen of this chapter, AND THE SCHOOL SUPPLIES OR ITEMS
COMMONLY USED BY A STUDENT IN A COURSE OF STUDY EXEMPTION PROVIDED FOR
IN PARAGRAPH FORTY-SEVEN OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED
FIFTEEN OF THIS CHAPTER, unless such city, county or school district
elects otherwise as to such residential solar energy systems equipment
and electricity exemption, such commercial solar energy systems equip-
ment and electricity exemption, commercial fuel cell electricity gener-
ating systems equipment and electricity generated by such equipment
exemption [or], such clothing and footwear exemption, OR SUCH SCHOOL
SUPPLIES OR ITEMS COMMONLY USED BY A STUDENT IN A COURSE OF STUDY
EXEMPTION.
§ 3. Paragraph 4 of subdivision (a) of section 1210 of the tax law, as
amended by section 2 of part WW of chapter 60 of the laws of 2016,
subparagraph (v) as amended by chapter 99 of the laws of 2025, subpara-
graphs (xii) and (xiii) as separately amended and subparagraph (xiv) as
added by section 6 of part Z of chapter 60 of the laws of 2016, is
amended to read as follows:
(4) Notwithstanding any other provision of law to the contrary, any
local law enacted by any city of one million or more that imposes the
S. 4601--A 3
taxes authorized by this subdivision (i) may omit the exception provided
in subparagraph (ii) of paragraph three of subdivision (c) of section
eleven hundred five of this chapter for receipts from laundering, dry-
cleaning, tailoring, weaving, pressing, shoe repairing and shoe shining;
(ii) may impose the tax described in paragraph six of subdivision (c) of
section eleven hundred five of this chapter at a rate in addition to the
rate prescribed by this section not to exceed two percent in multiples
of one-half of one percent; (iii) shall provide that the tax described
in paragraph six of subdivision (c) of section eleven hundred five of
this chapter does not apply to facilities owned and operated by the city
or an agency or instrumentality of the city or a public corporation the
majority of whose members are appointed by the chief executive officer
of the city or the legislative body of the city or both of them; (iv)
shall not include any tax on receipts from, or the use of, the services
described in paragraph seven of subdivision (c) of section eleven
hundred five of this chapter; (v) shall provide that, for purposes of
the tax described in subdivision (e) of section eleven hundred five of
this chapter, "permanent resident" means any occupant of any room or
rooms in a hotel or short term rental unit for at least one hundred
eighty consecutive days with regard to the period of such occupancy;
(vi) may omit the exception provided in paragraph one of subdivision (f)
of section eleven hundred five of this chapter for charges to a patron
for admission to, or use of, facilities for sporting activities in which
the patron is to be a participant, such as bowling alleys and swimming
pools; (vii) may provide the clothing and footwear exemption in para-
graph thirty of subdivision (a) of section eleven hundred fifteen of
this chapter, and, notwithstanding any provision of subdivision (d) of
this section to the contrary, any local law providing for such exemption
or repealing such exemption, may go into effect on any one of the
following dates: March first, June first, September first or December
first; (viii) shall omit the exemption provided in paragraph forty-one
of subdivision (a) of section eleven hundred fifteen of this chapter;
(ix) shall omit the exemption provided in subdivision (c) of section
eleven hundred fifteen of this chapter insofar as it applies to fuel,
gas, electricity, refrigeration and steam, and gas, electric, refriger-
ation and steam service of whatever nature for use or consumption
directly and exclusively in the production of gas, electricity, refrig-
eration or steam; (x) shall omit, unless such city elects otherwise, the
provision for refund or credit contained in clause six of subdivision
(a) or in subdivision (d) of section eleven hundred nineteen of this
chapter; (xii) shall omit, unless such city elects otherwise, the
exemption for residential solar energy systems equipment and electricity
provided in subdivision (ee) of section eleven hundred fifteen of this
chapter; (xiii) shall omit, unless such city elects otherwise, the
exemption for commercial solar energy systems equipment and electricity
provided in subdivision (ii) of section eleven hundred fifteen of this
chapter; [and] (xiv) shall exclude from the operation of such local
taxes all sales of fuel sold for use in commercial aircraft and general
aviation aircraft[. (xiv)]; (XV) shall omit, unless such city elects
otherwise, the exemption for commercial fuel cell electricity generating
systems equipment and electricity generated by such equipment provided
in subdivision (kk) of section eleven hundred fifteen of this
chapter[.]; AND (XVI) MAY PROVIDE THE SCHOOL SUPPLIES AND ITEMS COMMONLY
USED BY A STUDENT IN A COURSE OF STUDY EXEMPTION IN PARAGRAPH FORTY-SEV-
EN OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER,
AND, NOTWITHSTANDING ANY PROVISION OF SUBDIVISION (D) OF THIS SECTION TO
S. 4601--A 4
THE CONTRARY, ANY LOCAL LAW PROVIDING FOR SUCH EXEMPTION OR REPEALING
SUCH EXEMPTION, MAY BE APPLICABLE ONLY TO THE PURCHASES MADE DURING THE
FIFTEEN-DAY PERIOD COMMENCING ON THE FIFTEENTH DAY IMMEDIATELY PRECEDING
THE FIRST MONDAY IN SEPTEMBER, KNOWN AS LABOR DAY, AND ENDING ON LABOR
DAY, DURING EACH CALENDAR YEAR. Any reference in this chapter or in any
local law, ordinance or resolution enacted pursuant to the authority of
this article to former subdivisions (n) or (p) of this section shall be
deemed to be a reference to clauses (xii) or (xiii) of this paragraph,
respectively, and any such local law, ordinance or resolution that
provides the exemptions provided in such former subdivisions (n) and/or
(p) shall be deemed instead to provide the exemptions provided in claus-
es (xii) and/or (xiii) of this paragraph.
§ 4. This act shall take effect immediately and shall be applicable to
taxable periods beginning on and after August first in the year next
succeeding the year in which it shall have become a law.