S T A T E O F N E W Y O R K ________________________________________________________________________ 8061 2015-2016 Regular Sessions I N A S S E M B L Y June 5, 2015 ___________ 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 S 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 S 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 23 THE FOLLOWING MONDAY, PROVIDED IN PARAGRAPH FORTY-FOUR OF SUBDIVISION 24 (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS ARTICLE, SHALL BE APPLICA- 25 BLE PURSUANT TO A LOCAL LAW, ORDINANCE OR RESOLUTION ADOPTED BY A CITY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10447-03-5 A. 8061 2 1 SUBJECT TO THE PROVISIONS OF THIS SECTION. SUCH CITY IS EMPOWERED TO 2 ADOPT OR REPEAL SUCH A LOCAL LAW, ORDINANCE OR RESOLUTION. SUCH ADOPTION 3 OR REPEAL SHALL ALSO BE DEEMED TO AMEND ANY LOCAL LAW, ORDINANCE OR 4 RESOLUTION ENACTED BY SUCH A CITY IMPOSING TAXES PURSUANT TO THE AUTHOR- 5 ITY OF SUBDIVISION (A) OF SECTION TWELVE HUNDRED TEN OF THIS CHAPTER. 6 S 4. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as 7 amended by chapter 13 of the laws of 2013, is amended to read as 8 follows: 9 (1) Either, all of the taxes described in article twenty-eight of this 10 chapter, at the same uniform rate, as to which taxes all provisions of 11 the local laws, ordinances or resolutions imposing such taxes shall be 12 identical, except as to rate and except as otherwise provided, with the 13 corresponding provisions in such article twenty-eight, including the 14 definition and exemption provisions of such article, so far as the 15 provisions of such article twenty-eight can be made applicable to the 16 taxes imposed by such city or county and with such limitations and 17 special provisions as are set forth in this article. The taxes author- 18 ized under this subdivision may not be imposed by a city or county 19 unless the local law, ordinance or resolution imposes such taxes so as 20 to include all portions and all types of receipts, charges or rents, 21 subject to state tax under sections eleven hundred five and eleven 22 hundred ten of this chapter, except as otherwise provided. (i) Any local 23 law, ordinance or resolution enacted by any city of less than one 24 million or by any county or school district, imposing the taxes author- 25 ized by this subdivision, shall, notwithstanding any provision of law to 26 the contrary, exclude from the operation of such local taxes all sales 27 of tangible personal property for use or consumption directly and 28 predominantly in the production of tangible personal property, gas, 29 electricity, refrigeration or steam, for sale, by manufacturing, proc- 30 essing, generating, assembly, refining, mining or extracting; and all 31 sales of tangible personal property for use or consumption predominantly 32 either in the production of tangible personal property, for sale, by 33 farming or in a commercial horse boarding operation, or in both; and, 34 unless such city, county or school district elects otherwise, shall omit 35 the provision for credit or refund contained in clause six of subdivi- 36 sion (a) or subdivision (d) of section eleven hundred nineteen of this 37 chapter. (ii) Any local law, ordinance or resolution enacted by any 38 city, county or school district, imposing the taxes authorized by this 39 subdivision, shall omit the residential solar energy systems equipment 40 exemption provided for in subdivision (ee), the commercial solar energy 41 systems equipment exemption provided for in subdivision (ii) and the 42 clothing and footwear exemption provided for in paragraph thirty of 43 subdivision (a) of section eleven hundred fifteen of this chapter, 44 unless such city, county or school district elects otherwise as to 45 either such residential solar energy systems equipment exemption, such 46 commercial solar energy systems equipment exemption or such clothing and 47 footwear exemption. (III) ANY LOCAL LAW, ORDINANCE OR RESOLUTION ENACTED 48 BY ANY CITY, COUNTY OR SCHOOL DISTRICT, IMPOSING THE TAXES AUTHORIZED BY 49 THIS SUBDIVISION, SHALL OMIT THE FIREARMS, AMMUNITION, ARCHERY EQUIPMENT 50 AND HUNTING SUPPLIES EXEMPTION DURING THE THREE-DAY PERIOD EACH YEAR 51 COMMENCING ON THE THIRD FRIDAY OF AUGUST, AND ENDING ON THE FOLLOWING 52 MONDAY, AS PROVIDED FOR IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF 53 SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER, UNLESS SUCH CITY, COUNTY 54 OF SCHOOL DISTRICT ELECTS OTHERWISE; PROVIDED THAT IF SUCH A CITY HAVING 55 A POPULATION OF ONE MILLION OR MORE ENACTS THE RESOLUTION DESCRIBED IN 56 SUBDIVISION (Q) OF THIS SECTION OR REPEALS SUCH RESOLUTION, SUCH REPEAL A. 8061 3 1 OR RESOLUTION SHALL ALSO BE DEEMED TO AMEND ANY LOCAL LAW, ORDINANCE OR 2 RESOLUTION ENACTED BY SUCH A CITY IMPOSING SUCH TAX PURSUANT TO THE 3 AUTHORITY OF THIS SUBDIVISION, WHETHER OR NOT SUCH TAXES ARE SUSPENDED 4 AT THE TIME SUCH CITY ENACTS ITS RESOLUTION PURSUANT TO SUBDIVISION (Q) 5 OF THIS SECTION OR AT THE TIME OF ANY SUCH REPEAL; PROVIDED FURTHER THAT 6 ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION AND SECTION ELEVEN HUNDRED 7 SEVEN OF THIS CHAPTER, AS DEEMED TO BE AMENDED IN THE EVENT A CITY OF 8 ONE MILLION OR MORE ENACTS A RESOLUTION PURSUANT TO THE AUTHORITY OF 9 SUBDIVISION (Q) OF THIS SECTION, SHALL BE FURTHER AMENDED, AS PROVIDED 10 IN SECTION TWELVE HUNDRED EIGHTEEN OF THIS SUBPART, SO THAT THE 11 FIREARMS, AMMUNITION, ARCHERY EQUIPMENT AND HUNTING SUPPLIES EXEMPTION 12 DURING THE THREE-DAY PERIOD EACH YEAR COMMENCING ON THE THIRD FRIDAY OF 13 AUGUST, AND ENDING ON THE FOLLOWING MONDAY, IN ANY SUCH LOCAL LAW, ORDI- 14 NANCE OR RESOLUTION OR IN SUCH SECTION ELEVEN HUNDRED SEVEN OF THIS 15 CHAPTER IS THE SAME AS THE STATE FIREARMS, AMMUNITION, ARCHERY EQUIPMENT 16 AND HUNTING SUPPLIES EXEMPTION DURING THE THREE-DAY PERIOD EACH YEAR 17 COMMENCING ON THE THIRD FRIDAY OF AUGUST, AND ENDING ON THE FOLLOWING 18 MONDAY, IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION ELEVEN 19 HUNDRED FIFTEEN OF THIS CHAPTER. 20 S 5. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as 21 amended by section 3 of part Z of chapter 59 of the laws of 2015, is 22 amended to read as follows: 23 (1) Either, all of the taxes described in article twenty-eight of this 24 chapter, at the same uniform rate, as to which taxes all provisions of 25 the local laws, ordinances or resolutions imposing such taxes shall be 26 identical, except as to rate and except as otherwise provided, with the 27 corresponding provisions in such article twenty-eight, including the 28 definition and exemption provisions of such article, so far as the 29 provisions of such article twenty-eight can be made applicable to the 30 taxes imposed by such city or county and with such limitations and 31 special provisions as are set forth in this article. The taxes author- 32 ized under this subdivision may not be imposed by a city or county 33 unless the local law, ordinance or resolution imposes such taxes so as 34 to include all portions and all types of receipts, charges or rents, 35 subject to state tax under sections eleven hundred five and eleven 36 hundred ten of this chapter, except as otherwise provided. (i) Any local 37 law, ordinance or resolution enacted by any city of less than one 38 million or by any county or school district, imposing the taxes author- 39 ized by this subdivision, shall, notwithstanding any provision of law to 40 the contrary, exclude from the operation of such local taxes all sales 41 of tangible personal property for use or consumption directly and 42 predominantly in the production of tangible personal property, gas, 43 electricity, refrigeration or steam, for sale, by manufacturing, proc- 44 essing, generating, assembly, refining, mining or extracting; and all 45 sales of tangible personal property for use or consumption predominantly 46 either in the production of tangible personal property, for sale, by 47 farming or in a commercial horse boarding operation, or in both; and, 48 unless such city, county or school district elects otherwise, shall omit 49 the provision for credit or refund contained in clause six of subdivi- 50 sion (a) or subdivision (d) of section eleven hundred nineteen of this 51 chapter. (ii) Any local law, ordinance or resolution enacted by any 52 city, county or school district, imposing the taxes authorized by this 53 subdivision, shall omit the residential solar energy systems equipment 54 and electricity exemption provided for in subdivision (ee), the commer- 55 cial solar energy systems equipment and electricity exemption provided 56 for in subdivision (ii) and the clothing and footwear exemption provided A. 8061 4 1 for in paragraph thirty of subdivision (a) of section eleven hundred 2 fifteen of this chapter, unless such city, county or school district 3 elects otherwise as to either such residential solar energy systems 4 equipment and electricity exemption, such commercial solar energy 5 systems equipment and electricity exemption or such clothing and foot- 6 wear exemption. (III) ANY LOCAL LAW, ORDINANCE OR RESOLUTION ENACTED BY 7 ANY CITY, COUNTY OR SCHOOL DISTRICT, IMPOSING THE TAXES AUTHORIZED BY 8 THIS SUBDIVISION, SHALL OMIT THE FIREARMS, AMMUNITION, ARCHERY EQUIPMENT 9 AND HUNTING SUPPLIES EXEMPTION DURING THE THREE-DAY PERIOD EACH YEAR 10 COMMENCING ON THE THIRD FRIDAY OF AUGUST, AND ENDING ON THE FOLLOWING 11 MONDAY, AS PROVIDED FOR IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF 12 SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER, UNLESS SUCH CITY, COUNTY 13 OR SCHOOL DISTRICT ELECTS OTHERWISE; PROVIDED THAT IF SUCH A CITY HAVING 14 A POPULATION OF ONE MILLION OR MORE ENACTS THE RESOLUTION DESCRIBED IN 15 SUBDIVISION (Q) OF THIS SECTION OR REPEALS SUCH RESOLUTION, SUCH REPEAL 16 OR RESOLUTION SHALL ALSO BE DEEMED TO AMEND ANY LOCAL LAW, ORDINANCE OR 17 RESOLUTION ENACTED BY SUCH A CITY IMPOSING SUCH TAX PURSUANT TO THE 18 AUTHORITY OF THIS SUBDIVISION, WHETHER OR NOT SUCH TAXES ARE SUSPENDED 19 AT THE TIME SUCH CITY ENACTS ITS RESOLUTION PURSUANT TO SUBDIVISION (Q) 20 OF THIS SECTION OR AT THE TIME OF ANY SUCH REPEAL; PROVIDED FURTHER THAT 21 ANY SUCH LOCAL LAW, ORDINANCE OR RESOLUTION AND SECTION ELEVEN HUNDRED 22 SEVEN OF THIS CHAPTER, AS DEEMED TO BE AMENDED IN THE EVENT A CITY OF 23 ONE MILLION OR MORE ENACTS A RESOLUTION PURSUANT TO THE AUTHORITY OF 24 SUBDIVISION (Q) OF THIS SECTION, SHALL BE FURTHER AMENDED, AS PROVIDED 25 IN SECTION TWELVE HUNDRED EIGHTEEN OF THIS SUBPART, SO THAT THE 26 FIREARMS, AMMUNITION, ARCHERY EQUIPMENT AND HUNTING SUPPLIES EXEMPTION 27 DURING THE THREE-DAY PERIOD EACH YEAR COMMENCING ON THE THIRD FRIDAY OF 28 AUGUST, AND ENDING ON THE FOLLOWING MONDAY, IN ANY SUCH LOCAL LAW, 29 ORDINANCE OR RESOLUTION OR IN SECTION ELEVEN HUNDRED SEVEN OF THIS CHAP- 30 TER IS THE SAME AS THE STATE FIREARMS, AMMUNITION, ARCHERY EQUIPMENT AND 31 HUNTING SUPPLIES EXEMPTION DURING THE THREE-DAY PERIOD EACH YEAR 32 COMMENCING ON THE THIRD FRIDAY OF AUGUST, AND ENDING ON THE FOLLOWING 33 MONDAY, IN PARAGRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION ELEVEN 34 HUNDRED FIFTEEN OF THIS CHAPTER. 35 S 6. Subdivision (d) of section 1210 of the tax law, as amended by 36 section 37 of part S-1 of chapter 57 of the laws of 2009, is amended to 37 read as follows: 38 (d) A local law, ordinance or resolution imposing any tax pursuant to 39 this section, increasing or decreasing the rate of such tax, repealing 40 or suspending such tax, exempting from such tax the energy sources and 41 services described in paragraph three of subdivision (a) or of subdivi- 42 sion (b) of this section or changing the rate of tax imposed on such 43 energy sources and services or providing for the credit or refund 44 described in clause six of subdivision (a) of section eleven hundred 45 nineteen of this chapter must go into effect only on one of the follow- 46 ing dates: March first, June first, September first or December first; 47 provided, that a local law, ordinance or resolution providing for the 48 exemption described in paragraph thirty of subdivision (a) of section 49 eleven hundred fifteen of this chapter or repealing any such exemption 50 or a local law, ordinance or resolution providing for a refund or credit 51 described in subdivision (d) of section eleven hundred nineteen of this 52 chapter or repealing such provision so provided must go into effect only 53 on March first; PROVIDED FURTHER THAT A LOCAL LAW, ORDINANCE OR RESOL- 54 UTION PROVIDING FOR THE EXEMPTION DESCRIBED IN PARAGRAPH FORTY-FOUR OF 55 SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER OR 56 REPEALING ANY SUCH EXEMPTION SO PROVIDED AND A RESOLUTION ENACTED PURSU- A. 8061 5 1 ANT TO THE AUTHORITY OF SUBDIVISION (Q) OF THIS SECTION PROVIDED SUCH 2 EXEMPTION OR REPEALING SUCH EXEMPTION SO PROVIDED MAY GO INTO EFFECT 3 IMMEDIATELY. No such local law, ordinance or resolution shall be effec- 4 tive unless a certified copy of such law, ordinance or resolution is 5 mailed by registered or certified mail to the commissioner at the 6 commissioner's office in Albany at least ninety days prior to the date 7 it is to become effective. However, the commissioner may waive and 8 reduce such ninety-day minimum notice requirement to a mailing of such 9 certified copy by registered or certified mail within a period of not 10 less than thirty days prior to such effective date if the commissioner 11 deems such action to be consistent with the commissioner's duties under 12 section twelve hundred fifty of this article and the commissioner acts 13 by resolution. Where the restriction provided for in section twelve 14 hundred twenty-three of this article as to the effective date of a tax 15 and the notice requirement provided for therein are applicable and have 16 not been waived, the restriction and notice requirement in section 17 twelve hundred twenty-three of this article shall also apply. 18 S 7. Subdivision (d) of section 1210 of the tax law, as amended by 19 section 4-a of part Z of chapter 59 of the laws of 2015, is amended to 20 read as follows: 21 (d) A local law, ordinance or resolution imposing any tax pursuant to 22 this section, increasing or decreasing the rate of such tax, repealing 23 or suspending such tax, exempting from such tax the energy sources and 24 services described in paragraph three of subdivision (a) or of subdivi- 25 sion (b) of this section or changing the rate of tax imposed on such 26 energy sources and services or providing for the credit or refund 27 described in clause six of subdivision (a) of section eleven hundred 28 nineteen of this chapter, or electing or repealing the exemption for 29 residential solar equipment and electricity in subdivision (ee) of 30 section eleven hundred fifteen of this article, or the exemption for 31 commercial solar equipment and electricity in subdivision (ii) of 32 section eleven hundred fifteen of this article must go into effect only 33 on one of the following dates: March first, June first, September first 34 or December first; provided, that a local law, ordinance or resolution 35 providing for the exemption described in paragraph thirty of subdivision 36 (a) of section eleven hundred fifteen of this chapter or repealing any 37 such exemption or a local law, ordinance or resolution providing for a 38 refund or credit described in subdivision (d) of section eleven hundred 39 nineteen of this chapter or repealing such provision so provided must go 40 into effect only on March first; PROVIDED FURTHER THAT A LOCAL LAW, 41 ORDINANCE OR RESOLUTION PROVIDING FOR THE EXEMPTION DESCRIBED IN PARA- 42 GRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF 43 THIS CHAPTER OR REPEALING ANY SUCH EXEMPTION SO PROVIDED AND A RESOL- 44 UTION ENACTED PURSUANT TO THE AUTHORITY OF SUBDIVISION (Q) OF THIS 45 SECTION PROVIDED SUCH EXEMPTION OR REPEALING SUCH EXEMPTION SO PROVIDED 46 MAY GO INTO EFFECT IMMEDIATELY. No such local law, ordinance or resol- 47 ution shall be effective unless a certified copy of such law, ordinance 48 or resolution is mailed by registered or certified mail to the commis- 49 sioner at the commissioner's office in Albany at least ninety days prior 50 to the date it is to become effective. However, the commissioner may 51 waive and reduce such ninety-day minimum notice requirement to a mailing 52 of such certified copy by registered or certified mail within a period 53 of not less than thirty days prior to such effective date if the commis- 54 sioner deems such action to be consistent with the commissioner's duties 55 under section twelve hundred fifty of this article and the commissioner 56 acts by resolution. Where the restriction provided for in section twelve A. 8061 6 1 hundred twenty-three of this article as to the effective date of a tax 2 and the notice requirement provided for therein are applicable and have 3 not been waived, the restriction and notice requirement in section 4 twelve hundred twenty-three of this article shall also apply. 5 S 8. Section 1210 of the tax law is amended by adding a new subdivi- 6 sion (q) to read as follows: 7 (Q) NOTWITHSTANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW, ORDI- 8 NANCE OR RESOLUTION TO THE CONTRARY: 9 (1) ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE IN WHICH THE 10 TAXES IMPOSED BY SECTION ELEVEN HUNDRED SEVEN OF THIS CHAPTER ARE IN 11 EFFECT, ACTING THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED 12 AND EMPOWERED TO ELECT TO PROVIDE THE SAME EXEMPTION FROM SUCH TAXES AS 13 THE FIREARMS, AMMUNITION, ARCHERY EQUIPMENT AND HUNTING SUPPLIES 14 EXEMPTION DURING A THREE-DAY PERIOD EACH YEAR COMMENCING ON THE THIRD 15 FRIDAY OF AUGUST, AND ENDING ON THE FOLLOWING MONDAY, FROM STATE SALES 16 AND COMPENSATING USE TAXES DESCRIBED IN PARAGRAPH FORTY-FOUR OF SUBDIVI- 17 SION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THIS CHAPTER BY ENACTING A 18 RESOLUTION IN THE FORM SET FORTH IN PARAGRAPH TWO OF THIS SUBDIVISION; 19 WHEREUPON, UPON COMPLIANCE WITH THE PROVISIONS OF SUBDIVISIONS (D) AND 20 (E) OF THIS SECTION, SUCH ENACTMENT OF SUCH RESOLUTION SHALL BE DEEMED 21 TO BE AN AMENDMENT TO SUCH SECTION ELEVEN HUNDRED SEVEN AND SUCH SECTION 22 ELEVEN HUNDRED SEVEN SHALL BE DEEMED TO INCORPORATE SUCH EXEMPTION AS IF 23 IT HAD BEEN DULY ENACTED BY THE STATE LEGISLATURE AND APPROVED BY THE 24 GOVERNOR. 25 (2) FORM OF RESOLUTION: BE IT ENACTED BY THE (INSERT PROPER TITLE OF 26 LOCAL LEGISLATIVE BODY) AS FOLLOWS: 27 SECTION 1. RECEIPTS FROM SALES OF AND CONSIDERATION GIVEN OR 28 CONTRACTED TO BE GIVEN FOR PURCHASES OF FIREARMS, AMMUNITION, ARCHERY 29 EQUIPMENT AND HUNTING SUPPLIES EXEMPT FROM STATE SALES AND COMPENSATING 30 USE TAXES DURING A THREE-DAY PERIOD EACH YEAR COMMENCING ON THE THIRD 31 FRIDAY OF AUGUST AND ENDING ON THE FOLLOWING MONDAY, PURSUANT TO PARA- 32 GRAPH FORTY-FOUR OF SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF 33 THE TAX LAW SHALL ALSO BE EXEMPT FROM SALES AND COMPENSATING USE TAXES 34 IMPOSED IN THIS JURISDICTION. 35 SECTION 2. THIS RESOLUTION SHALL TAKE EFFECT, (INSERT THE DATE) AND 36 SHALL APPLY TO SALES MADE AND USES OCCURRING ON AND AFTER THAT DATE 37 ALTHOUGH MADE OR OCCURRING UNDER A PRIOR CONTRACT. 38 S 9. This act shall take effect on the first day of the sales tax 39 quarterly period, as described in subdivision (b) of section 1136 of the 40 tax law, beginning at least 90 days after the date this act shall have 41 become a law and shall apply in accordance with the applicable transi- 42 tional provisions of sections 1106 and 1217 of the tax law; provided 43 that sections five and seven of this act shall apply to sales made on or 44 after the date such sections shall have taken effect; and provided 45 further that the amendments to paragraph 1 of subdivision (a) of section 46 1210 of the tax law made by section five of this act shall take effect 47 on the same date as section 3 of part Z of chapter 59 of the laws of 48 2015 takes effect; and the amendments to subdivision (d) of section 1210 49 of the tax law made by section seven of this act shall take effect on 50 the same date as section 4-a of part Z of chapter 59 of the laws of 51 2015, takes effect; and provided, further, that the commissioner of 52 taxation and finance shall be authorized on and after the date this act 53 shall have become a law to adopt and amend any rules or regulations 54 necessary to implement this act on its effective date.