RETRIEVE BILL Revenue - 0102


     Legislative Bill Drafting Commission
                  12026-02-1

     S.        --------
                SENATE
               --------

     IN SENATE--Introduced by Sen

     --read twice and ordered printed,
     and when printed to be committed
     to the Committee on

               -------- A.
               ASSEMBLY
               --------

     IN ASSEMBLY--Introduced by M. of A.

     --read  once  and  referred  to  the
     Committee on

     *TAXLA*
     (Enacts provisions of law  necessary
     to implement omnibus tax reductions)

                   --------

     Tax. Omnibus Tax Reduction -Art 7

                    AN ACT

     to amend the tax law, in relation to
     amending the definition of new busi-
     ness for purposes of the refundabil-
     ity  of  certain credits under arti-
     cles 9-A, 22, 32 and 33 thereof  and
     making  technical corrections to the
     empire zones program act, as enacted
     by part GG of section 1  of  chapter
     63  of  the  laws of 2000 and to the
     sales tax on certain gas or electric
     utility  service  thereto  and   the
     general  municipal  law, in relation
     to extending the empire zone program
     and in relation to a revision of  an
     empire  zone  (A);  to amend the tax
     law, in relation to the  calculation
     of  the business allocation percent-

                                         2                         12026-02-1

     age under article  9-A  thereof  for
     manufacturers and in relation to the
     alternative  minimum tax under arti-
     cle  9-A  thereof  (B); to amend the
     tax law, in relation to providing  a
     tax  credit  under  the  article 9-A
     corporation franchise tax and  arti-
     cle  22  personal income tax thereof
     for soil  improvement  projects  and
     farmland improvement projects and in
     relation  to  extending the agricul-
     tural property tax credit under  the
     article  9-A  corporation  franchise
     tax  and  the  article  22  personal
     income  tax  to  taxpayers  who  own
     agricultural   assessment   property
     (C);   to  amend  the  tax  law,  in
     relation to providing a  tax  credit
     under  article  9-A  and  article 22
     thereof for donations of land, ease-
     ments on land and other interests in
     real   property   for   conservation
     purposes  (D);  to amend the tax law
     and  the   parks,   recreation   and
     historic    preservation   law,   in
     relation  to  providing   a   credit
     against income tax for the rehabili-
     tation  of historic homes or for the
     purchase of  rehabilitated  historic
     homes  in  certain instances (E); to
     amend the  public  housing  law,  in
     relation  to  increasing  the dollar
     amount of  statewide  limitation  on
     the  low-income  housing  tax credit
     (F);  to  amend  the  tax  law,   in
     relation to allowing taxpayers which
     are biotechnology companies to claim
     a  refund  of  their  investment tax
     credits (G); to authorize and direct
     the comptroller to make deposits  to
     the  dedicated  highway  and  bridge
     trust fund (H);  to  amend  the  tax
     law,  in  relation  to  certain  tax
     surcharges (I); to amend chapter 298
     of the laws of  1985,  amending  the
     tax  law  relating  to the franchise
     tax on banking corporations  imposed
     by  the  tax  law,  authorized to be
     imposed by any city having  a  popu-
     lation  of  one  million  or more by
     chapter 772 of the laws of 1966  and
     imposed  by  the administrative code
     of the city of New York and relating
     to other provisions of the tax  law,
     chapter  883 of the laws of 1975 and

                                         3                         12026-02-1

     the administrative code of the  city
     of  New  York  which relates to such
     franchise tax, to amend chapter  817
     of  the  laws  of 1987, amending the
     tax  law   and   the   environmental
     conservation  law,  constituting the
     business   tax   reform   and   rate
     reduction  act  of  1987,  to  amend
     chapter 525 of  the  laws  of  1988,
     amending  the tax law and the admin-
     istrative code of the  city  of  New
     York  relating  to the imposition of
     taxes in the city of  New  York,  in
     relation  to  the  effectiveness  of
     certain provisions of such chapters;
     to amend the tax law, in relation to
     permitting  certain  banking  corpo-
     rations  otherwise  subject  to  tax
     under article 32 of such law to make
     an election to be taxed under  arti-
     cle  9-A  of  such law; and to amend
     the administrative code of the  city
     of  New York, in relation to permit-
     ting  certain  banking  corporations
     otherwise   subject   to  tax  under
     subchapter 3 of chapter 6  of  title
     11  of  such  code to be taxed under
     subchapter 2 of such  code  (J);  to
     amend  chapter  405  of  the laws of
     1999 amending the real property  tax
     law relating to improving the admin-
     istration  of  the school tax relief
     (STAR) program and  other  laws,  in
     relation  to  the  Lottery  game  of
     quick draw (K);  to  amend  the  tax
     law,  in  relation  to joint, multi-
     jurisdiction or out-of-state lottery
     games   and   to   repeal    certain
     provisions   of  such  law  relating
     thereto (L); to amend  the  tax  law
     and  the  administrative code of the
     city of New York, in relation to the
     credit  and  deduction  for  college
     tuition  under  the  personal income
     tax (M); to amend chapter 166 of the
     laws of 1991, amending the  tax  law
     and other laws relating to taxes, in
     relation   to   the   expiration  of
     certain provisions contained therein
     and  to  repeal  subdivision  8   of
     section  1809  of  the  vehicle  and
     traffic  law,  in  relation  to  the
     expiration of the provisions of such
     section  (N);  and  to amend the tax
     law,  in  relation  to  the  tobacco

                                         4                         12026-02-1

     products  tax  on  moist snuff under
     article 20 thereof (O)

       The  People  of  the  State of New
     York,  represented  in  Senate   and
     Assembly, do enact as follows:

                                         5                         12026-02-1

  1    Section  1.  This  act enacts into law major components of legislation

  2  which are necessary to implement the state fiscal plan for the 2001-2002

  3  state fiscal year.  Each component is wholly  contained  within  a  Part

  4  identified  as Parts A through O. The effective date for each particular

  5  provision contained within such Part is set forth in the last section of

  6  such Part. Any provision in any section contained within a Part, includ-

  7  ing the effective date of the Part, which makes reference to  a  section

  8  "of  this  act", when used in connection with that particular component,

  9  shall be deemed to mean and refer to the corresponding  section  of  the

 10  Part  in  which  it  is  found. Section three of this act sets forth the

 11  general effective date of this act.

 12                                   PART A

 13  Section 1. Subparagraph 3 of paragraph (j) of subdivision 12 of  section

 14  210  of  the tax law, as amended by chapter 1043 of the laws of 1981, is

 15  amended to read as follows:

 16    (3) has been subject to tax under this article for  more  than   four 

 17  five taxable years (excluding short taxable years)  prior to the taxable

 18  year during which the taxpayer first becomes eligible for the investment

 19  tax credit .

 20    § 2. Paragraph (e) of subdivision 19 of section 210 of the tax law, as

 21  amended  by  chapter  708  of  the  laws  of 1993, is amended to read as

 22  follows:

 23    (e) The credit and carryovers of such credit allowed under this subdi-

 24  vision for any taxable year shall not, in the aggregate, reduce the  tax

 25  due  for  such year to less than the higher of the amounts prescribed in

 26  paragraphs (c) and (d) of subdivision one of this section.  However,  if

                                         6                         12026-02-1

  1  the  amount  of  credit  or  carryovers of such credit, or both, allowed

  2  under this subdivision for any taxable year  reduces  the  tax  to  such

  3  amount,  or  if  any part of the credit or carryovers of such credit may

  4  not  be  deducted  from  the  tax  otherwise  due by reason of the final

  5  sentence of paragraph (d) hereof, any amount of credit or carryovers  of

  6  such credit thus not deductible in such taxable year may be carried over

  7  to the following year or years and may be deducted from the tax for such

  8  year or years. In lieu of such carryover, any such taxpayer which quali-

  9  fies as a new business under paragraph (j) of subdivision twelve of this

 10  section  may  elect,  on its report for its taxable year with respect to

 11  which such credit is allowed, to treat fifty percent of  the  amount  of

 12  such  carryover  as  an overpayment of tax to be credited or refunded in

 13  accordance with the provisions of section ten hundred eighty-six of this

 14  chapter. Provided, however, the provisions of subsection (c) of  section

 15  ten  hundred  eighty-eight  of this chapter notwithstanding, no interest

 16  shall be paid thereon.  In applying such paragraph (j), the reference to

 17  investment tax credit shall be deemed to be a reference  to  the  credit

 18  provided  for under this subdivision, and the reference to "four taxable

 19  years" shall be deemed to be a reference to the four taxable years prior

 20  to each taxable year during which the taxpayer became eligible for  such

 21  credit. 

 22    §  3. Paragraph 10 of subsection (a) of section 606 of the tax law, as

 23  added by chapter 103 of the laws of 1981 and subparagraph (B) as amended

 24  by chapter 1043 of the laws of 1981, is amended to read as follows:

 25    (10) For purposes of paragraph five of this subsection, an  individual

 26  who is either a sole proprietor or a member of a partnership shall qual-

 27  ify as an owner of a new business unless:

                                         7                         12026-02-1

  1    (A)   the individual has previously received a refund of an investment

  2  tax credit  pursuant  to  the  provisions  of  paragraph  five  of  this

  3  subsection;

  4    (B)  the business of which the individual is an owner is substantially

  5  similar  in  operation and in ownership to a business entity taxable, or

  6  previously taxable, under section one hundred eighty-three, one  hundred

  7  eighty-four,  one hundred eighty-five or one hundred eighty-six of arti-

  8  cle nine; article  nine-a  nine-A, thirty-two or  thirty-three  of  this

  9  chapter;  article  twenty-three of this chapter or which would have been

 10  subject to tax under such article twenty-three (as such article  was  in

 11  effect  on  January  first,  nineteen  hundred eighty) or the income (or

 12  losses) of which is (or was) includable under article twenty-two of this

 13  chapter whereby the intent and purpose of this paragraph  and  paragraph

 14  five of this subsection with respect to refunding of credit to new busi-

 15  ness would be evaded; or

 16    (C)   (B) the individual has operated such new business entity in this

 17  state for more than  four  five taxable years  prior to the first day of

 18  the taxable year during which such individual first becomes eligible for

 19  the investment tax credit for which the refund is claimed  with  respect

 20  to such new business entity  (excluding short years of the business).

 21    §  4. Subparagraph (B) of paragraph 1 of subsection (i) of section 606

 22  of the tax law, as separately amended by section 4 of part I, section 47

 23  of part Y, section 4 of part CC, sections  4  and  15  of  part  GG  and

 24  section  5  of  part II of chapter 63 of the laws of 2000, is amended to

 25  read as follows:

 26    (B) shall be treated as the owner of a new business  with  respect  to

 27  such  share  if  the corporation qualifies as a new business pursuant to

 28  paragraph (j) of subdivision twelve of section two hundred ten  of  this

                                         8                         12026-02-1

  1  chapter ,  unless  the  shareholder  has previously received a refund by

  2  reason of the application of this subparagraph, or this subsection as it

  3  was in effect for taxable years beginning before nineteen hundred  nine-

  4  ty-four .

  5                                          The corporation's

  6  With respect to the                     credit base under

  7  following credit                        section two hundred ten

  8  under this section:                     or section fourteen

  9                                          hundred fifty-six of this

 10                                          chapter is:

 11  Investment tax credit                   Investment credit base

 12  under subsection (a)                    or qualified

 13                                          rehabilitation

 14                                          expenditures under

 15                                          subdivision twelve of

 16                                          section two hundred ten

 17  Empire zone                             Cost or other basis

 18  investment tax credit                   under subdivision

 19  under subsection (j)                    twelve-B

 20                                          of section two hundred

 21                                          ten

 22  Empire zone                             Eligible wages under

 23  wage tax credit                         subdivision nineteen of

 24  under subsection (k)                    section two hundred ten

                                         9                         12026-02-1

  1                                          or subsection (e) of

  2                                          section fourteen hundred

  3                                          fifty-six

  4  Empire zone                             Qualified investments

  5  capital tax credit                      and contributions under

  6  under subsection (1)                    subdivision twenty of

  7                                          section two hundred ten

  8                                          or subsection (d) of

  9                                          section fourteen hundred

 10                                          fifty-six

 11  Agricultural property tax               Allowable school

 12  credit under subsection (n)             district property taxes under

 13                                          subdivision twenty-two of

 14                                          section two hundred ten

 15  Credit for employment                   Qualified first-year wages or

 16  of persons with dis-                    qualified second-year wages

 17  abilities under                         under subdivision

 18  subsection (o)                          twenty-three of section

 19                                          two hundred ten

 20                                          or subsection (f)

 21                                          of section fourteen

 22                                          hundred fifty-six

                                        10                         12026-02-1

  1  Employment incentive                    Applicable investment credit

  2  credit under subsec-                    base under subdivision

  3  tion (a-1)                              twelve-D

  4  Empire zone                             Applicable investment

  5  employment                              credit under sub-

  6  incentive credit under                  division twelve-C

  7  subsection (j-1)

  8  Alternative fuels credit                Cost under subdivision

  9  under subsection (p)                    twenty-four

 10  Qualified emerging                      Applicable credit base

 11  technology company                      under subdivision twelve-E

 12  employment credit                       of section two hundred ten

 13  under subsection (q)

 14  Qualified emerging                      Qualified investments under

 15  technology company                      subdivision twelve-F of

 16  capital tax credit                      section two hundred ten

 17  under subsection (r)

 18  Credit for purchase of an               Cost of an automated

 19  automated external defibrillator        external defibrillator under

 20  under subsection (s)                    subdivision twenty-five of

 21                                          section two hundred ten

 22                                          or subsection (j) of section

 23                                          fourteen hundred fifty-six

                                        11                         12026-02-1

  1  Low-income housing                      Credit amount under

  2  credit under subsection (x)             subdivision thirty

  3                                          of section two hundred ten or

  4                                          subsection (1) of section

  5                                          fourteen hundred fifty-six

  6  Credit for transportation               Amount of credit under sub-

  7  improvement contributions               division thirty-two of section

  8  under subsection (z)                    two hundred ten or subsection

  9                                          (n) of section fourteen

 10                                          hundred fifty-six

 11  IMB credit for energy                   Amount of credit

 12  taxes under sub-                        under subdivision

 13  section (t-1)                           twenty-six-a of

 14                                          section two hundred ten

 15  QEZE credit for real property           Amount of credit under

 16  taxes under subsection (bb)             subdivision twenty-seven of

 17                                          section two hundred ten or

 18                                          subsection (o) of section

 19                                          fourteen hundred fifty-six

 20  QEZE tax reduction credit               Amount of  credit 

 21  under subsection (cc)                   benefit period factor,

 22                                          employment increase factor and

 23                                          zone allocation factor

 24                                          (without regard to pro ration)

                                        12                         12026-02-1

  1                                          under  subdivision twenty-eight of

  2                                          section two hundred ten or

  3                                          subsection (p) of section

  4                                          fourteen hundred fifty-six and

  5                                          amount of tax factor as determined

  6                                          under subdivision (f) of section

  7                                          sixteen

  8  Green building credit                   Amount of green building credit

  9  under subsection (y)                    under subdivision thirty-one

 10                                          of section two hundred ten

 11                                          or subsection (m) of section

 12                                          fourteen hundred fifty-six

 13    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606

 14  of the tax law, as separately amended by section 4 of part I, section 47

 15  of part Y, section 4 of part CC, sections 4 and 15 of part GG, section 5

 16  of part II and section 3 of part E of chapter 63 of the laws of 2000, is

 17  amended to read as follows:

 18    (B) shall be treated as the owner of a new business  with  respect  to

 19  such  share  if  the corporation qualifies as a new business pursuant to

 20  paragraph (j) of subdivision twelve of section two hundred ten  of  this

 21  chapter ,  unless  the  shareholder  has previously received a refund by

 22  reason of the application of this subparagraph, or this subsection as it

 23  was in effect for taxable years beginning before nineteen hundred  nine-

 24  ty-four .

 25                                          The corporation's

 26  With respect to the                     credit base under

                                        13                         12026-02-1

  1  following credit                        section two hundred ten

  2  under this section:                     or section fourteen

  3                                          hundred fifty-six of this

  4                                          chapter is:

  5  Investment tax credit                   Investment credit base

  6  under subsection (a)                    or qualified

  7                                          rehabilitation

  8                                          expenditures under

  9                                          subdivision twelve of

 10                                          section two hundred ten

 11  Empire zone                             Cost or other basis

 12  investment tax credit                   under subdivision

 13  under subsection (j)                    twelve-B

 14                                          of section two hundred

 15                                          ten

 16  Empire zone                             Eligible wages under

 17  wage tax credit                         subdivision nineteen of

 18  under subsection (k)                    section two hundred ten

 19                                          or subsection (e) of

 20                                          section fourteen hundred

 21                                          fifty-six

 22  Empire zone                             Qualified investments

 23  capital tax credit                      and contributions under

 24  under subsection (1)                    subdivision twenty of

                                        14                         12026-02-1

  1                                          section two hundred ten

  2                                          or subsection (d) of

  3                                          section fourteen hundred

  4                                          fifty-six

  5  Agricultural property tax               Allowable school

  6  credit under subsection (n)             district property taxes under

  7                                          subdivision twenty-two of

  8                                          section two hundred ten

  9  Credit for employment                   Qualified first-year wages or

 10  of persons with dis-                    qualified second-year wages

 11  abilities under                         under subdivision

 12  subsection (o)                          twenty-three of section

 13                                          two hundred ten

 14                                          or subsection (f)

 15                                          of section fourteen

 16                                          hundred fifty-six

 17  Employment incentive                    Applicable investment credit

 18  credit under subsec-                    base under subdivision

 19  tion (a-1)                              twelve-D of section two

 20                                          hundred ten

 21  Empire zone                             Applicable investment

 22  employment                              credit under sub-

 23  incentive credit under                  division twelve-C

 24  subsection (j-1)

                                        15                         12026-02-1

  1  Alternative fuels credit                Cost under subdivision

  2  under subsection (p)                    twenty-four of section two

  3                                          hundred ten

  4  Qualified emerging                      Applicable credit base

  5  technology company                      under subdivision twelve-E

  6  employment credit                       of section two hundred ten

  7  under subsection (q)

  8  Qualified emerging                      Qualified investments under

  9  technology company                      subdivision twelve-F of

 10  capital tax credit                      section two hundred ten

 11  under subsection (r)

 12  Credit for purchase of an               Cost of an automated

 13  automated external defibrillator        external defibrillator under

 14  under subsection (s)                    subdivision twenty-five of

 15                                          section two hundred ten

 16                                          or subsection (j) of section

 17                                          fourteen hundred fifty-six

 18  Low-income housing                      Credit amount under

 19  credit under subsection (x)             subdivision thirty

 20                                          of section two hundred ten or

 21                                          subsection (1) of section

 22                                          fourteen hundred fifty-six

                                        16                         12026-02-1

  1  Credit for transportation               Amount of credit under sub-

  2  improvement contributions               division thirty-two of section

  3  under subsection (z)                    two hundred ten or subsection

  4                                          (n) of section fourteen

  5                                          hundred fifty-six

  6  IMB credit for energy                   Amount of credit

  7  taxes under sub-                        under subdivision

  8  section (t-1)                           twenty-six-a of

  9                                          section two hundred ten

 10  QEZE credit for real property           Amount of credit under

 11  taxes under subsection (bb)             subdivision twenty-seven of

 12                                          section two hundred ten or

 13                                          subsection (o) of section

 14                                          fourteen hundred fifty-six

 15  QEZE tax reduction credit               Amount of  credit 

 16  under subsection (cc)                   benefit period factor,

 17                                          employment increase factor and

 18                                          zone allocation factor

 19                                          (without regard to pro ration) under

 20                                          subdivision twenty-eight of

 21                                          section two hundred ten or

 22                                          subsection (p) of section

 23                                          fourteen hundred fifty-six

 24                                          and amount of tax factor as

 25                                          determined under subdivision (f)

                                        17                         12026-02-1

  1                                          of section sixteen

  2  Green building credit                   Amount of green building credit

  3  under subsection (y)                    under subdivision thirty-one

  4                                          of section two hundred ten

  5                                          or subsection (m) of section

  6                                          fourteen hundred fifty-six

  7  Credit for long-term                    Qualified costs under

  8  care insurance premiums                 subdivision twenty-five-a of

  9  under subsection (aa)                   section two hundred ten

 10                                          or subsection (k) of section

 11                                          fourteen hundred fifty-six

 12    §  6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606

 13  of the tax law, as separately amended by section 4 of part I, section  4

 14  of  part  CC,  sections  4  and  15 of part GG, section 5 of part II and

 15  section 3 of part E of chapter 63 of the laws of  2000,  is  amended  to

 16  read as follows:

 17    (B)  shall  be  treated as the owner of a new business with respect to

 18  such share if the corporation qualifies as a new  business  pursuant  to

 19  paragraph  (j)  of subdivision twelve of section two hundred ten of this

 20  chapter , unless the shareholder has previously  received  a  refund  by

 21  reason of the application of this subparagraph, or this subsection as it

 22  was  in effect for taxable years beginning before nineteen hundred nine-

 23  ty-four .

 24                                          The corporation's

 25  With respect to the                     credit base under

                                        18                         12026-02-1

  1  following credit                        section two hundred ten

  2  under this section:                     or section fourteen

  3                                          hundred fifty-six of this

  4                                          chapter is:

  5  Investment tax credit                   Investment credit base

  6  under subsection (a)                    or qualified

  7                                          rehabilitation

  8                                          expenditures under

  9                                          subdivision twelve of

 10                                          section two hundred ten

 11  Empire zone                             Cost or other basis

 12  investment tax credit                   under subdivision

 13  under subsection (j)                    twelve-B

 14                                          of section two hundred

 15                                          ten

 16  Empire zone                             Eligible wages under

 17  wage tax credit                         subdivision nineteen of

 18  under subsection (k)                    section two hundred ten

 19                                          or subsection (e) of

 20                                          section fourteen hundred

 21                                          fifty-six

 22  Empire zone                             Qualified investments

 23  capital tax credit                      and contributions under

 24  under subsection (1)                    subdivision twenty of

                                        19                         12026-02-1

  1                                          section two hundred ten

  2                                          or subsection (d) of

  3                                          section fourteen hundred

  4                                          fifty-six

  5  Agricultural property tax               Allowable school

  6  credit under subsection (n)             district property taxes under

  7                                          subdivision twenty-two of

  8                                          section two hundred ten

  9  Credit for employment                   Qualified first-year wages or

 10  of persons with dis-                    qualified second-year wages

 11  abilities under                         under subdivision

 12  subsection (o)                          twenty-three of section

 13                                          two hundred ten

 14                                          or subsection (f)

 15                                          of section fourteen

 16                                          hundred fifty-six

 17  Employment incentive                    Applicable investment credit

 18  credit under subsec-                    base under subdivision

 19  tion (a-1)                              twelve-D

 20  Empire zone                             Applicable investment

 21  employment                              credit under sub-

 22  incentive credit under                  division twelve-C

 23  subsection (j-1)

                                        20                         12026-02-1

  1  Alternative fuels credit                Cost under subdivision

  2  under subsection (p)                    twenty-four

  3  Qualified emerging                      Applicable credit base

  4  technology company                      under subdivision twelve-E

  5  employment credit                       of section two hundred ten

  6  under subsection (q)

  7  Qualified emerging                      Qualified investments under

  8  technology company                      subdivision twelve-F of

  9  capital tax credit                      section two hundred ten

 10  under subsection (r)

 11  Credit for purchase of an               Cost of an automated

 12  automated external defibrillator        external defibrillator under

 13  under subsection (s)                    subdivision twenty-five of

 14                                          section two hundred ten

 15                                          or subsection (j) of section

 16                                          fourteen hundred fifty-six

 17  Low-income housing                      Credit amount under

 18  credit under subsection (x)             subdivision thirty

 19                                          of section two hundred ten or

 20                                          subsection (1) of section

 21                                          fourteen hundred fifty-six

                                        21                         12026-02-1

  1  Credit for transportation               Amount of credit under sub-

  2  improvement contributions               division thirty-two of section

  3  under subsection (z)                    two hundred ten or subsection

  4                                          (n) of section fourteen

  5                                          hundred fifty-six

  6  QEZE credit for real property           Amount of credit under

  7  taxes under subsection (bb)             subdivision twenty-seven of

  8                                          section two hundred ten or

  9                                          subsection (o) of section

 10                                          fourteen hundred fifty-six

 11  QEZE tax reduction credit               Amount of  credit 

 12  under subsection (cc)                   benefit period factor,

 13                                          employment increase factor

 14                                          and zone allocation factor

 15                                          (without regard to pro ration) under

 16                                          subdivision twenty-eight of

 17                                          section two hundred ten or

 18                                          subsection (p) of section

 19                                          fourteen hundred fifty-six

 20                                          and amount of tax factor

 21                                          as determined under

 22                                          subdivision (f) of

 23                                          section sixteen

 24  Green building credit                   Amount of green building credit

 25  under subsection (y)                    under subdivision thirty-one

                                        22                         12026-02-1

  1                                          of section two hundred ten

  2                                          or subsection (m) of section

  3                                          fourteen hundred fifty-six

  4  Credit for long-term                    Qualified costs under

  5  care insurance premiums                 subdivision twenty-five-a of

  6  under subsection (aa)                   section two hundred ten

  7                                          or subsection (k) of section

  8                                          fourteen hundred fifty-six

  9    §  7.  Paragraph 5 of subsection (k) of section 606 of the tax law, as

 10  amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as

 11  follows:

 12    (5)  If the amount of the credit and carryovers of such credit allowed

 13  under this subsection for any taxable year shall exceed  the  taxpayer's

 14  tax  for  such  year,  the  excess, as well as any part of the credit or

 15  carryovers of such credit, or both, which may not be deducted  from  the

 16  tax  otherwise  due  by  reason  of the final sentence in paragraph four

 17  hereof, may be carried over to the following year or years  and  may  be

 18  deducted  from  the  taxpayer's  tax for such year or years.  In lieu of

 19  carrying over any such excess, a taxpayer who qualifies as an owner of a

 20  new business for purposes of paragraph ten of  subsection  (a)  of  this

 21  section  may,  at  his option, receive fifty percent of such excess as a

 22  refund. Any refund paid pursuant to this paragraph shall be deemed to be

 23  a refund of an overpayment of tax as provided  in  section  six  hundred

 24  eighty-six of this article, provided, however, that no interest shall be

 25  paid  thereon.  In applying such paragraph ten, the reference to invest-

 26  ment tax credit shall be deemed to be a reference to the credit provided

 27  for under this subsection and the reference to  "four  years"  shall  be

                                        23                         12026-02-1

  1  deemed  to  be  a reference to the four years prior to each taxable year

  2  during which the individual became eligible for such credit .

  3    §  8.  Paragraph 5 of subsection (q) of section 606 of the tax law, as

  4  added by section 2 of part I of chapter 407 of  the  laws  of  1999,  is

  5  amended to read as follows:

  6    (5)  If the amount of the credit and carryovers of such credit allowed

  7  under this subsection for any taxable year shall exceed  the  taxpayer's

  8  tax  for  such  year,  the  excess, as well as any part of the credit or

  9  carryovers of such credit, or both, may be carried over to the following

 10  year or years and may be deducted from the taxpayer's tax for such  year

 11  or  years.  In lieu of carrying over any such excess, a taxpayer who (A)

 12  qualifies as an owner of a new business (in the case of  such  qualified

 13  emerging  technology  company)  under paragraph ten of subsection (a) of

 14  this section without regard to subparagraph  (C)  (B) of such paragraph,

 15  and (B)  the taxpayer  has not operated such new business entity, in the

 16  case of a sole proprietorship, or where such new business  entity  is  a

 17  partnership  or  a New York S corporation, such entity has not operated,

 18  for more than six taxable years (excluding short taxable years) prior to

 19  the taxable year with respect to which the taxpayer first becomes eligi-

 20  ble for the credit herein provided for with respect to such company,  or

 21  for  more than eight taxable years if such new business entity's primary

 22  business or product requires federal regulatory approval or involves the

 23  discovery and sale of substances requiring clinical trials  as  part  of

 24  the  federal drug administration's required approval process for the use

 25  of such substances by humans, may, at his or her  option,  receive  such

 26  excess  as a refund. Any refund paid pursuant to this paragraph shall be

 27  deemed to be a refund of an overpayment of tax as  provided  in  section

                                        24                         12026-02-1

  1  six  hundred  eighty-six  of  this  article,  provided, however, that no

  2  interest shall be paid thereon.

  3    § 9. Subparagraph (C) of paragraph 8 of subsection (i) of section 1456

  4  of  the  tax  law, as added by section 27 of part A of chapter 56 of the

  5  laws of 1998, is amended to read as follows:

  6    (C) has been subject to tax under this article for  more  than   four 

  7  five taxable years (excluding short taxable years)  prior to the taxable

  8  year during which the taxpayer first becomes eligible for the investment

  9  tax credit .

 10    §  10.  Subparagraph  (C) of paragraph 7 of subdivision (q) of section

 11  1511 of the tax law, as added by section 1 of part L of  chapter  63  of

 12  the laws of 2000, is amended to read as follows:

 13    (C)  has  been  subject to tax under this article for more than  four 

 14  five taxable years (excluding short taxable years)  prior to the taxable

 15  year during which the taxpayer first becomes eligible for the investment

 16  tax credit .

 17    § 11. Subdivision (a) of section 969 of the general municipal law,  as

 18  amended  by  chapter  537  of the laws of 1996 and as further amended by

 19  section 15 of part GG of chapter 63 of the laws of 2000, is  amended  to

 20  read as follows:

 21    (a)  Except as provided in this section, any designation of an area as

 22  an empire zone shall remain in effect during the period beginning on the

 23  date of designation and ending  July  December thirty-first,  two  thou-

 24  sand  four   twenty.

 25    §  12.  Section 14 of the tax law, as added by section 2 of part GG of

 26  chapter 63 of the laws of 2000 and subdivision (b) as further amended by

 27  section 15 of part GG of chapter 63 of the laws of 2000, is  amended  to

 28  read as follows:

                                        25                         12026-02-1

  1    §  14.  Empire  zones program. (a) Qualified empire zone enterprise. A

  2  business enterprise which is certified under article eighteen-B  of  the

  3  general  municipal law prior to July first, two thousand five shall be a

  4  "qualified empire zone enterprise":

  5    (1)  for purposes of articles nine-A, twenty-two, thirty-two and thir-

  6  ty-three of this chapter, for each of the  fifteen  taxable years   next

  7  following  the test year (which fifteen year period shall constitute the

  8  "benefit period")  within the "business tax benefit period", which peri-

  9  od shall consist of (A) in the case of a business enterprise with a test

 10  date occurring on or before December thirty-first, two thousand one, the

 11  first fifteen taxable years beginning on or  after  January  first,  two

 12  thousand  one,  and (B) in the case of a business enterprise with a test

 13  date occurring on or after January first, two thousand two, the  fifteen

 14  taxable  years  next  following the business enterprise's test year, but

 15  only with respect to each of such fifteen years for which the employment

 16  test is met, and

 17    (2) for purposes of articles  twenty-eight  and  twenty-nine  of  this

 18  chapter,  for each day falling within each of the ten taxable years next

 19  following the test year, but only with respect to each of such ten years

 20  if  the  taxable  year immediately preceding such taxable year meets the

 21  employment test  during the "sales and use  tax  benefit  period".  Such

 22  period shall consist of one hundred twenty months beginning on the later

 23  of  (A) March first, two thousand one, or (B) the first day of the month

 24  next following the date of issuance of a qualified  empire  zone  enter-

 25  prise  certification  by  the commissioner under subdivision (h) of this

 26  section. Provided however, such period shall not include any month fall-

 27  ing within a taxable year immediately preceded by a  taxable  year  with

                                        26                         12026-02-1

  1  respect  to  which  the  business enterprise did not meet the employment

  2  test.

  3     (3) for business enterprises with a test date falling within the year

  4  two  thousand,  the term "next following the test year" shall be read as

  5  "next following the taxable year following the test year". 

  6    (b) Employment test. (1) General. The employment  test  shall  be  met

  7  with  respect  to a taxable year if the business enterprise's employment

  8  number in empire zones  with respect to which such enterprise is  certi-

  9  fied  pursuant  to  article eighteen-B of the general municipal law  for

 10  such taxable year equals or exceeds its employment number in such  zones

 11  for  the  base period, and its employment number in the state outside of

 12  such zones for such taxable year equals or exceeds its employment number

 13  in the state outside of such zones for the base period.    If  the  base

 14  period is zero years and the enterprise has an employment number in such

 15  zone  of  greater  than  zero  with  respect to a taxable year, then the

 16  employment test will be met provided that the taxpayer  qualifies  as  a

 17  new business under subdivision (j) of this section.

 18    (2)  Change  in  zone  boundaries or newly designated zones. Provided,

 19  however, where there has been one or more revisions of the boundaries of

 20  an empire zone that resulted in the inclusion  of  the  taxpayer  within

 21  such  zone,  the  employment  test shall be determined with respect to a

 22  taxable year as if the boundaries of the revised zone on the last day of

 23  the taxable year existed during the base period. In addition,  where  an

 24  area  has  been  newly designated as an empire zone, the employment test

 25  shall be determined with respect to a taxable  year  as  if  such  newly

 26  designated zone existed during the base period.

 27    (3)  Relocation  from  a business incubator facility. Where a business

 28  enterprise relocates to an empire zone from a business incubator facili-

                                        27                         12026-02-1

  1  ty operated by a municipality or by a public or  private  not-for-profit

  2  entity  which  provides  space  and  business  support services to newly

  3  established enterprises, the employment test shall  be  determined  with

  4  respect  to a taxable year as if such business enterprise was located in

  5  the empire zone during the base period.

  6    (c) Base period. The term "base period" means the five  taxable  years

  7  immediately  preceding  the  test  year.  If the business enterprise has

  8  fewer than five such years, then the term "base period" means such smal-

  9  ler set of years.

 10    (d) Test year. The term "test year" means the last taxable year of the

 11  business enterprise ending on or before the test date.   If  a  business

 12  enterprise  does not have a taxable year that ends on or before the test

 13  date, such enterprise shall be deemed to have such taxable year.

 14    (e) Test date. The term "test date" means the later of July first, two

 15  thousand or the date prior to July first, two thousand five on which the

 16  business enterprise was first certified under article eighteen-B of  the

 17  general municipal law.

 18    (f)  Taxable  year.  The term "taxable year" means the taxable year of

 19  the business enterprise under  section  one  hundred  eighty-three,  one

 20  hundred  eighty-four,  one hundred eighty-five or one hundred eighty-six

 21  of article nine, nine-a, twenty-two, thirty-two or thirty-three of  this

 22  chapter.   If a business enterprise does not have a taxable year because

 23  it is exempt from taxation or otherwise not required to  file  a  return

 24  under  any  of such articles, then the term "taxable year" means (i) the

 25  business enterprise's federal taxable year, or (ii)  if  the  enterprise

 26  does not have a federal taxable year, calendar year.

 27    (g)  Employment  number.  The  term "employment number" shall mean the

 28  average number of individuals, excluding general executive officers  (in

                                        28                         12026-02-1

  1  the  case of a corporation), employed full-time by the enterprise for at

  2  least one-half of the taxable year. Such number  shall  be  computed  by

  3  determining  the  number of such individuals employed by the taxpayer on

  4  the  thirty-first day of March, the thirtieth day of June, the thirtieth

  5  day of September and the thirty-first day of December during the  appli-

  6  cable  taxable  year,  adding  together  the  number of such individuals

  7  determined to be so employed on each of such dates and dividing the  sum

  8  so obtained by the number of such dates occurring within such applicable

  9  taxable  year.    Such number shall not include individuals currently or

 10  formerly employed by a related  person,  as  such  term  is  defined  in

 11  subparagraph  (c)  of  paragraph three of subsection (b) of section four

 12  hundred sixty-five of the internal revenue  code,  unless  such  related

 13  person  was  never allowed an empire zone credit under this chapter with

 14  respect to such employee.

 15    (h) Sales and use tax. (1) In addition to the  other  requirements  of

 16  this  section,  in order for the exemptions described in subdivision (z)

 17  of section eleven hundred fifteen of this chapter or any like exemptions

 18  from taxes imposed pursuant to the authority of article  twenty-nine  of

 19  this  chapter  to  apply  with respect to a qualified empire zone enter-

 20  prise, such enterprise shall apply to the commissioner of  taxation  and

 21  finance   for  the  issuance  of  a  qualified  empire  zone  enterprise

 22   exemption certificate  certification, in the manner prescribed by  such

 23  commissioner.  If  such commissioner grants such  a certificate  certif-

 24  ication,  its use  such certification shall  be  subject  to  conditions

 25  specified  by such commissioner. An enterprise to which the commissioner

 26  issues such  a certificate  certification may furnish a qualified empire

 27  zone enterprise exempt purchase  certification  certificate to a  person

 28  required  to  collect  sales and compensating use taxes imposed under or

                                        29                         12026-02-1

  1  pursuant to the authority of article twenty-eight or twenty-nine of this

  2  chapter, which  certification  certificate shall  be  deemed  to  be  an

  3  exemption  certificate  under  subdivision (c) of section eleven hundred

  4  thirty-two of this chapter.  Nothing herein or in any other law shall be

  5  construed to prohibit the disclosure, in such manner as the commissioner

  6  of taxation and finance deems appropriate, of the names and other appro-

  7  priate identifying information of those persons holding qualified empire

  8  zone  enterprise  certificates  certifications pursuant to this subdivi-

  9  sion, those persons whose  qualified  empire  zone  enterprise   certif-

 10  icates   certifications  have been revoked or those persons whose quali-

 11  fied empire zone enterprise  certificates  certifications have expired.

 12    (2) During the period that a business enterprise is eligible to apply,

 13  or is qualified, for exemptions from sales and  compensating  use  taxes

 14  under  this  section, the commissioner of economic development shall, at

 15  the time such commissioner certifies or decertifies  a  business  enter-

 16  prise  under article eighteen-B of the general municipal law, notify the

 17  commissioner of taxation and finance of such certification or  decertif-

 18  ication,  which  notification shall include the full legal name, address

 19  and federal employer identification number  of  such  enterprise.    The

 20  commissioner  of  economic  development  shall,  at the time of any such

 21  certification, also advise such enterprise of the requirements in  para-

 22  graph one of this subdivision.

 23    (i)  Cessation  of  status.  A business enterprise shall cease to be a

 24  qualified empire zone enterprise:

 25    (1) for purposes of articles nine-A, twenty-two, thirty-two and  thir-

 26  ty-three  of  this  chapter, on the first day of the taxable year during

 27  which revocation of its certification under article  eighteen-B  of  the

 28  general municipal law occurs, and

                                        30                         12026-02-1

  1    (2)  for  purposes  of  articles  twenty-eight and twenty-nine of this

  2  chapter, on the day such revocation occurs.

  3    (j)  New  business.  (1) A new business shall include any corporation,

  4  except a corporation which:

  5    (a) over fifty percent of the number of shares of stock entitling  the

  6  holders  thereof  to  vote  for the election of directors or trustees is

  7  owned or controlled,  either  directly  or  indirectly,  by  a  taxpayer

  8  subject  to  tax under article nine-A; section one hundred eighty-three,

  9  one hundred eighty-four or one  hundred  eighty-five  of  article  nine;

 10  article thirty-two or thirty-three of this chapter; or

 11    (b)  is substantially similar in operation and in ownership to a busi-

 12  ness entity (or entities) taxable, or previously taxable, under  section

 13  one  hundred  eighty-three, one hundred eighty-four, one hundred eighty-

 14  five or one hundred eighty-six of article nine; article nine-A,  article

 15  thirty-two or thirty-three of this chapter; article twenty-three of this

 16  chapter or which would have been subject to tax under such article twen-

 17  ty-three  (as  such  article  was  in  effect on January first, nineteen

 18  hundred eighty) or the income (or losses) of which is (or was)  includa-

 19  ble under article twenty-two of this chapter; or

 20    (c)  has  been  subject to tax under section one hundred eighty-three,

 21  one hundred eighty-four, one hundred eighty-five or one hundred  eighty-

 22  six  of  article  nine, nine-A, thirty-two or thirty-three for more than

 23  five taxable years (excluding short taxable years).

 24    (2) For purposes of article twenty-two of this chapter, an  individual

 25  who is either a sole proprietor or a member of a partnership shall qual-

 26  ify as an owner of a new business unless:

 27    (a)  the business of which the individual is an owner is substantially

 28  similar in operation and in ownership to a business entity  taxable,  or

                                        31                         12026-02-1

  1  previously  taxable, under section one hundred eighty-three, one hundred

  2  eighty-four, one hundred eighty-five or one hundred eighty-six of  arti-

  3  cle  nine;  article  nine-A, thirty-two or thirty-three of this chapter;

  4  article twenty-three of this chapter or which would have been subject to

  5  tax  under  such  article twenty-three (as such article was in effect on

  6  January first, nineteen hundred eighty) or the  income  (or  losses)  of

  7  which is (or was) includable under article twenty-two; or

  8    (b) the individual has operated such new business entity in this state

  9  for  more  than  five  taxable years (excluding short years of the busi-

 10  ness).

 11    (3) For purposes of article twenty-two of this chapter, a  shareholder

 12  of a New York S corporation shall be treated as the owner of a new busi-

 13  ness  with  respect  to such share if the corporation qualifies as a new

 14  business pursuant to paragraph one of this subdivision.

 15    § 13. Subdivisions (d) and (e) of section 15 of the tax law, as  added

 16  by  section 2 of part GG of chapter 63 of the laws of 2000 and paragraph

 17  1 of subdivision (d) and subdivision (e) as further amended  by  section

 18  15  of part GG of chapter 63 of the laws of 2000, are amended to read as

 19  follows:

 20    (d) Employment increase factor.  The employment increase factor is the

 21  amount, not to exceed 1.0, which is the greater of:

 22    (1) the excess of the taxpayer's employment number in the empire zones

 23  with respect to which the taxpayer  is  certified  pursuant  to  article

 24  eighteen-B  of  the general municipal law for the taxable year, over the

 25  taxpayer's test year employment number in such zones,  divided  by  such

 26  test year employment number in such zones; or

                                        32                         12026-02-1

  1    (2)  the  excess of the taxpayer's employment number in such zones for

  2  the taxable year over the taxpayer's test year employment number in such

  3  zones, divided by 100.

  4    (3)  For purposes of paragraph one of this subdivision, where there is

  5  an excess as described in  such  paragraph,  and  where  the  test  year

  6  employment  number is zero, then the employment increase factor shall be

  7  1.0, provided that the taxpayer qualifies as a new business under subdi-

  8  vision (j) of section fourteen of this article.

  9    (e) Eligible real property taxes.   The term "eligible  real  property

 10  taxes"  means  taxes  imposed  on  real  property  which is owned by the

 11  taxpayer and located in an empire  zones  zone with respect to which the

 12  taxpayer is certified pursuant to  article  eighteen-B  of  the  general

 13  municipal law for the taxable year, provided such taxes are imposed at a

 14  time  when the taxpayer is both certified pursuant to article eighteen-B

 15  of the general municipal law and a qualified empire zone enterprise.

 16    § 14. Subdivision (f) of section 15  of  the  tax  law  is  relettered

 17  subdivision (g) and a new subdivision (f) is added to read as follows:

 18    (f)  Credit recapture. Where a taxpayer's eligible real property taxes

 19  which were the basis for the allowance of the credit provided for  under

 20  this  section  are  subsequently reduced as a result of a final order in

 21  any proceeding under article seven of the real property tax law or other

 22  provision of law, the taxpayer shall add back, in the  taxable  year  in

 23  which such final order is issued, the excess of (i) the amount of credit

 24  originally  allowed  for  a  taxable year over (ii) the amount of credit

 25  determined based upon the reduced eligible real property taxes. If  such

 26  final  order  reduces  real  property  taxes for more than one year, the

 27  taxpayer must determine how much of such reduction  is  attributable  to

 28  each year covered by such final order and calculate the amount of credit

                                        33                         12026-02-1

  1  which  is  required  by  this subdivision to be recaptured for each year

  2  based on such reduction.

  3    §  15.  Subdivisions (b), (e) and (f) of section 16 of the tax law, as

  4  added by section 2 of part GG of chapter 63 of  the  laws  of  2000  and

  5  subdivision  (e)  as further amended by section 15 of part GG of chapter

  6  63 of the laws of 2000, are amended to read as follows:

  7    (b) Amount of credit. The amount of the credit shall  be  the  product

  8   (or  pro  rata share of the product, in the case of a member of a part-

  9  nership)  of (i) the benefit period factor, (ii) the employment increase

 10  factor, (iii) the zone allocation factor and (iv) the tax factor.

 11    (e) Zone allocation factor. The zone allocation factor  shall  be  the

 12  percentage representing the taxpayer's economic presence in empire zones

 13  with respect to which the taxpayer is certified under article eighteen-B

 14  of  the general municipal law. This percentage shall be computed  pursu-

 15  ant to the method prescribed in subdivision two of section  two  hundred

 16  nine-B of this chapter (without regard to paragraph (b) of such subdivi-

 17  sion),  except  that  references  therein  to  the metropolitan commuter

 18  transportation district shall be deemed to be references to the areas of

 19  this state constituting such empire zones.  as follows:

 20    (1) ascertaining the percentage which the average value of the taxpay-

 21  er's real and tangible personal property, whether owned or rented to it,

 22  in empire zones with respect to which the taxpayer  is  certified  under

 23  article  eighteen-B  of  the  general  municipal  law  during the period

 24  covered by its report or return  bears  to  the  average  value  of  the

 25  taxpayer's  real and tangible personal property, whether owned or rented

 26  to it, within the state during  such  period;  provided  that  the  term

 27  "value of the taxpayer's real and tangible personal property" shall have

                                        34                         12026-02-1

  1  the  same  meaning as such term has in subparagraph one of paragraph (a)

  2  of subdivision three of section two hundred ten of this chapter; and

  3    (2) ascertaining the percentage of the total wages, salaries and other

  4  personal service compensation, similarly computed, during such period of

  5  employees  of  the  taxpayer  in  empire zones with respect to which the

  6  taxpayer is certified under article eighteen-B of the general  municipal

  7  law, except general executive officers, to the total wages, salaries and

  8  other  personal  service  compensation,  similarly computed, during such

  9  period, of all the taxpayer's employees within the state, except general

 10  executive officers; and

 11    (3) adding together the percentages so  determined  and  dividing  the

 12  result by the number of percentages.

 13    For  purposes  of  article  twenty-two of this chapter, references  in

 14  section two hundred nine-B of this chapter  in this subdivision to prop-

 15  erty, wages, salaries and other personal service compensation  shall  be

 16  deemed  to  be  references to such items connected with the conduct of a

 17  business.

 18    (f) Tax factor. (1) General. The tax factor shall be, in the  case  of

 19  article  nine-A of this chapter, the larger of the amounts of tax deter-

 20  mined for the taxable year under paragraphs (a) and (c)  of  subdivision

 21  one of section two hundred ten of such article. The tax factor shall be,

 22  in  the  case  of article twenty-two of this chapter, the tax determined

 23  for the taxable year under subsections (a) through (d)  of  section  six

 24  hundred  one  of  such  article. The tax factor shall be, in the case of

 25  article thirty-two of this chapter, the larger of  the  amounts  of  tax

 26  determined  for  the taxable year under subsection (a) and paragraph two

 27  of subsection (b) of section fourteen hundred fifty-five of  such  arti-

 28  cle.  The  tax  factor  shall be, in the case of article thirty-three of

                                        35                         12026-02-1

  1  this chapter, the larger of the amounts of tax determined for the  taxa-

  2  ble  year  under  paragraphs one and three of subdivision (a) of section

  3  fifteen hundred two of such article.

  4    (2)  Sole  proprietors,  partners  and S corporation shareholders. (A)

  5  Where the taxpayer is a sole  proprietor  of  a  qualified  empire  zone

  6  enterprise,  the  taxpayer's  tax  factor  shall  be that portion of the

  7  amount determined in paragraph one of this subdivision which is  attrib-

  8  utable  to  the  income  of  the qualified empire zone enterprise.  Such

  9  attribution shall be made in accordance with the ratio of the taxpayer's

 10  income from the qualified empire zone enterprise  allocated  within  the

 11  state,  entering  into New York adjusted gross income, to the taxpayer's

 12  New York adjusted gross income, or in accordance with such other methods

 13  as the commissioner may prescribe by rule or regulation as providing  an

 14  apportionment  which  reasonably  reflects the portion of the taxpayer's

 15  tax attributable to the income of the qualified empire zone enterprise.

 16    (B)(i) Where the taxpayer is a member of  a  partnership  which  is  a

 17  qualified  empire  zone  enterprise,  the taxpayer's tax factor shall be

 18  that portion of the amount determined in paragraph one of this  subdivi-

 19  sion which is attributable to the income of the partnership. Such attri-

 20  bution  shall  be  made  in  accordance  with the ratio of the partner's

 21  income from the partnership allocated within the state to the  partner's

 22  entire  income,  or in accordance with such other methods as the commis-

 23  sioner may prescribe by rule or regulation as providing an apportionment

 24  which reasonably reflects the portion of the partner's tax  attributable

 25  to  the  income  of the partnership. In no event may the ratio so deter-

 26  mined exceed 1.0.

 27    (ii) For purposes of article nine-A,  thirty-two  or  thirty-three  of

 28  this  chapter,  the  term  "partner's income from the partnership" means

                                        36                         12026-02-1

  1  partnership items of income, gain, loss  and  deduction,  and  New  York

  2  modifications  thereto, entering into entire net income, minimum taxable

  3  income, alternative entire net income or entire net income plus  compen-

  4  sation  and  the term "partner's entire income" means entire net income,

  5  minimum taxable income, alternative entire  net  income  or  entire  net

  6  income  plus  compensation,  allocated within the state. For purposes of

  7  article twenty-two of this chapter, the term "partner's income from  the

  8  partnership"   means   partnership  items  of  income,  gain,  loss  and

  9  deduction, and New York modifications thereto, entering  into  New  York

 10  adjusted  gross income, and the term "partner's entire income" means New

 11  York adjusted gross income. In no event  may  the  ratio  so  determined

 12  exceed 1.0.

 13    (C)  Where  the  taxpayer is a shareholder of a New York S corporation

 14  which is a qualified  empire  zone  enterprise,  the  shareholder's  tax

 15  factor  shall  be that portion of the amount determined in paragraph one

 16  of this subdivision which is attributable to the income of the S  corpo-

 17  ration.  Such  attribution shall be made in accordance with the ratio of

 18  the shareholder's income from the S  corporation  allocated  within  the

 19  state,  entering  into New York adjusted gross income, to the sharehold-

 20  er's New York adjusted gross income, or in accordance  with  such  other

 21  methods  as  the  commissioner  may  prescribe  by rule or regulation as

 22  providing an apportionment which reasonably reflects the portion of  the

 23  shareholder's  tax  attributable  to  the income of the qualified empire

 24  zone enterprise.

 25    (3) Combined returns or reports. (A) Where the taxpayer is a qualified

 26  empire zone enterprise and is required or permitted to make a return  or

 27  report  on a combined basis under articles nine-A, thirty-two or thirty-

 28  three of this chapter, the taxpayer's tax factor  shall  be  the  amount

                                        37                         12026-02-1

  1  determined in paragraph one of this subdivision which is attributable to

  2  the  income  of  the qualified empire zone enterprise.  Such attribution

  3  shall be made in accordance with the ratio of the qualified empire  zone

  4  enterprise's  income  allocated within the state to the combined group's

  5  income, or in accordance with such other methods as the commissioner may

  6  prescribe by rule or regulation  as  providing  an  apportionment  which

  7  reasonably  reflects  the  portion  of  the qualified empire zone enter-

  8  prise's tax attributable to the income of  the  combined  group.  In  no

  9  event may the ratio so determined exceed 1.0.

 10    (B)  The  term  "income of the qualified empire zone enterprise" means

 11  entire net income, minimum taxable income, alternative entire net income

 12  or entire net income plus compensation calculated as if the taxpayer was

 13  filing separately and the term "combined group's  income"  means  entire

 14  net  income,  minimum  taxable  income, alternative entire net income or

 15  entire net income plus compensation as shown on the combined  return  or

 16  report, allocated within the state.

 17    (4)  If  the amount determined in paragraph one of this subdivision is

 18  less than zero, a taxpayer shall not be  allowed  a  credit  under  this

 19  section.

 20    §  16. Section 1105-C of the tax law is amended by adding a new subdi-

 21  vision (d) to read as follows:

 22    (d) For the purpose of the reduced rate of tax provided by subdivision

 23  (a) of this section, the following shall apply to a sale, other  than  a

 24  sale  for resale, of the transportation, transmission or distribution of

 25  gas or electricity by a vendor not subject to  the  supervision  of  the

 26  public  service  commission  where  such transportation, transmission or

 27  distribution service being sold is wholly within a service area  of  the

 28  state  wherein  the  public  service  commission  shall have approved by

                                        38                         12026-02-1

  1  formal order a single retailer model for the regulated utility which has

  2  the responsibility to serve that area. Where such a vendor makes a sale,

  3  other than a sale for resale, of gas or electricity to be delivered to a

  4  customer  within such service area and, for the purpose of transporting,

  5  transmitting or distributing such gas or electricity, also makes a  sale

  6  of  transportation, transmission or distribution service to such custom-

  7  er, the charge for the transportation, transmission or  distribution  of

  8  gas  or electricity wholly within such service area made by such vendor,

  9  notwithstanding paragraph three of subdivision  (b)  of  section  eleven

 10  hundred  one  of  this article, shall not be included in the receipt for

 11  such gas or electricity, and, therefore, shall qualify for such  reduced

 12  rate.

 13    § 17. Paragraph (iii) of subdivision (a) of section 958 of the general

 14  municipal  law,  as  amended  by  chapter 708 of the laws of 1993 and as

 15  further amended by section 15 of part GG of chapter 63 of  the  laws  of

 16  2000, is amended to read as follows:

 17    (iii) the area proposed as an empire zone shall not exceed:

 18    two square miles for any zone, except as provided for in paragraph (d)

 19  of  section  nine hundred sixty-nine of this article, such area shall be

 20  defined by one or more borders, which borders shall be determined by the

 21  applicant and need not be  entirely  coterminous  with  the  borders  of

 22  census tracts or block numbering areas provided, however, that such zone

 23  shall  be  located entirely within traditional neighborhood or community

 24  boundaries, and where appropriate, be bounded by major natural  or  man-

 25  made  physical  boundaries,  such as bodies of water, railroad lines, or

 26  limited access highways;

 27    § 18. Subdivision (d) of section 969 of the general municipal law,  as

 28  amended  by  chapter  606  of the laws of 1988 and as further amended by

                                        39                         12026-02-1

  1  section 15 of part GG of chapter 63 of the laws of 2000, is  amended  to

  2  read as follows:

  3    (d) Notwithstanding the provisions of subdivision (c) of this section,

  4  the  governing  body  of  a city, county, town or village may, by resol-

  5  ution, submit to the commissioner a request to revise the boundaries  of

  6  an  existing empire zone for the purpose of expanding such zone over two

  7  square miles. The commissioner may, after consultation with the  commis-

  8  sioner  of  labor,  approve  such  revision  subject  to  the  following

  9  provisions:

 10    (1) The area is located outside the metropolitan commuter  transporta-

 11  tion district.

 12    (2)  The per capita personal income of the county in which the zone is

 13  located is ninety-five percent or less of the state  average,  according

 14  to  the  U.S.  Bureau  of  Economic  Analysis county per capita personal

 15  income data for nineteen hundred ninety-eight, and the county population

 16  decreased two percent or more between nineteen hundred ninety and  nine-

 17  teen  hundred  ninety-nine, according to U.S. Bureau of the Census data;

 18  or the per capita personal income of the county in  which  the  zone  is

 19  located  is  ninety-five percent or less of the state average, according

 20  to the U.S. Bureau of  Economic  Analysis  county  per  capita  personal

 21  income  data  for  nineteen hundred ninety-eight, and the average annual

 22  unemployment rate in the largest city within the county is  one  hundred

 23  thirty  percent or more of the state average, according to state depart-

 24  ment of labor data for calendar year nineteen hundred  ninety-nine,  and

 25  the  county  population  decreased  between  nineteen hundred ninety and

 26  nineteen hundred ninety-nine, according to U.S.  Bureau  of  the  Census

 27  data.

                                        40                         12026-02-1

  1    (3)  The  area proposed as an empire zone shall not exceed four square

  2  miles.

  3    (4)  The  commissioner  may  not approve revision of the borders of an

  4  empire zone if such revision would  have  the  effect  of  producing  an

  5  empire  zone  which does not satisfy the criteria for empire zone desig-

  6  nation established by or pursuant to section nine hundred fifty-eight of

  7  this article.

  8    (5) The commissioner may grant approval of a revision of  the  borders

  9  of an empire zone without prior public notice and without a prior public

 10  hearing  if such revision adds territory to an existing empire zone, but

 11  does not remove territory from such zone.

 12    (6) The commissioner may grant approval of a revision of  the  borders

 13  of  an  empire  zone after public notice of such proposed revision and a

 14  public hearing at least thirty days prior to the effective date of  such

 15  revision,  if  such  revision  removes territory from an existing empire

 16  zone.

 17    (7) The revisions of the borders of  an  empire  zone  shall  have  no

 18  effect  on  the  duration  of  the  designation  of  such empire zone as

 19  provided by subdivision (a) of this section.

 20    (e) Upon the termination or revision of the borders of an empire  zone

 21  as  provided in this section, the commissioner shall file notice of such

 22  action as required by section nine hundred fifty-nine of this article.

 23    § 19. This act shall take effect immediately; provided that:

 24    a. Sections one through eleven, fourteen and fifteen of this act shall

 25  apply to taxable years beginning on and after January 1, 2001.

 26    b. Section five of this act shall take effect  on  the  same  date  as

 27  section 3 of part E of chapter 63 of the laws of 2000 takes effect.

                                        41                         12026-02-1

  1    c.  Section  six of this act shall take effect on the same date as the

  2  repeal of section 47 of part Y of chapter 63 of the laws of  2000  takes

  3  effect.

  4    d.  Sections  twelve  and  thirteen of this act shall apply to taxable

  5  years beginning on and after January 1, 2001;  provided,  however,  that

  6  the  amendments  made  by  sections twelve and thirteen which define the

  7  term "new business" in subdivision (j) of section fourteen  of  the  tax

  8  law  and  reference  such  definition shall take effect July 1, 2004 and

  9  apply to taxable years beginning on or after July 1, 2004, but shall not

 10  apply to any taxpayer which was a qualified empire zone enterprise for a

 11  taxable year beginning prior to July 1, 2004.

 12    e. Section sixteen of this act shall be deemed to have  been  in  full

 13  force  and  effect  on  and  after June 1, 2000 and shall apply to sales

 14  made, services rendered and  uses  occurring  on  and  after  such  date

 15  although  made,  rendered  or  occurring  under  a prior contract. Where

 16  service is purchased or sold on a monthly, quarterly or other basis, and

 17  the bills for such service are  based  on  meter  readings,  the  amount

 18  received  on  each bill for such service for a month or other term shall

 19  be a receipt or consideration subject to tax, but such  taxes  shall  be

 20  applicable  to all bills based on meters read on and after June 1, 2000,

 21  only where more than one-half of the number  of  days  included  in  the

 22  month or other period billed are days subsequent to May 31, 2000.

 23                                   PART B

 24    Section  1.  Paragraph  (a) of subdivision 3 of section 210 of the tax

 25  law is amended by adding a new subparagraph 10 to read as follows:

                                        42                         12026-02-1

  1    (10) (A) Notwithstanding the foregoing provisions of  this  paragraph,

  2  the  business  allocation percentage of a manufacturer shall be computed

  3  in the manner set forth in this subparagraph.

  4    (i)  For  taxable years beginning on or after January first, two thou-

  5  sand one and before January first,  two  thousand  three,  the  business

  6  allocation  percentage  of  a manufacturer shall be determined by adding

  7  together the following percentages and dividing the result by the number

  8  of percentages:

  9    (I) the product of twenty percent and the percentage determined  under

 10  subparagraph one of this paragraph,

 11    (II)  the product of sixty percent and the percentage determined under

 12  subparagraph two of this paragraph, and

 13    (III) the product of twenty  percent  and  the  percentage  determined

 14  under subparagraph three of this paragraph.

 15    (ii)  For taxable years beginning on or after January first, two thou-

 16  sand three and before January first, two  thousand  four,  the  business

 17  allocation  percentage  of  a manufacturer shall be determined by adding

 18  together the following percentages and dividing the result by the number

 19  of percentages:

 20    (I) the product of ten percent and  the  percentage  determined  under

 21  subparagraph one of this paragraph,

 22    (II) the product of eighty percent and the percentage determined under

 23  subparagraph two of this paragraph, and

 24    (III)  the  product of ten percent and the percentage determined under

 25  subparagraph three of this paragraph.

 26    (iii) For taxable years beginning on or after January first, two thou-

 27  sand four and before January first,  two  thousand  five,  the  business

 28  allocation  percentage  of  a manufacturer shall be determined by adding

                                        43                         12026-02-1

  1  together the following percentages and dividing the result by the number

  2  of percentages:

  3    (I)  the  product  of five percent and the percentage determined under

  4  subparagraph one of this paragraph,

  5    (II) the product of ninety percent and the percentage determined under

  6  subparagraph two of this paragraph, and

  7    (III) the product of five percent and the percentage determined  under

  8  subparagraph three of this paragraph.

  9    (iv)  For taxable years beginning on or after January first, two thou-

 10  sand five, the business allocation percentage of a manufacturer shall be

 11  the percentage provided for in subparagraph two of this paragraph.

 12    (B) The term "manufacturer" shall mean a  taxpayer  which  during  the

 13  taxable  year  is  principally engaged in activities described in clause

 14  (A) or (C), or any combination thereof, of subparagraph (i) of paragraph

 15  (b) of subdivision twelve of this section.  Moreover,  for  purposes  of

 16  computing  a  business  allocation  percentage in a combined report, the

 17  entire combined group shall be considered a "manufacturer" for  purposes

 18  of  this  subparagraph  if the combined group during the taxable year is

 19  principally engaged in activities described in clause (A) or (C), or any

 20  combination thereof, of subparagraph (i) of paragraph (b) of subdivision

 21  twelve of this section. A taxpayer or a combined group shall be "princi-

 22  pally engaged" in activities described in clause (A) or (C) of  subpara-

 23  graph  (i)  of  paragraph  (b) of subdivision twelve of this section if,

 24  during the taxable year, more than fifty percent of  the  taxpayer's  or

 25  combined  group's  gross  receipts  are derived from such activities. In

 26  computing a combined group's  gross  receipts,  intercorporate  receipts

 27  shall be eliminated.

                                        44                         12026-02-1

  1    §  2.  Paragraph (a) of subdivision 3-a of section 210 of the tax law,

  2  as amended by chapter 170 of the laws of 1994, is  amended  to  read  as

  3  follows:

  4    (a)  Multiply  its alternative business income by an alternative busi-

  5  ness allocation percentage determined pursuant to the method  prescribed

  6  in  subdivision  three  of  this  section  except that for taxable years

  7  beginning before nineteen hundred ninety-four the additional  percentage

  8  (referred  to in subparagraph four of paragraph (a) of such subdivision)

  9  equal to the percentage determined under subparagraph two  of  paragraph

 10  (a) of such subdivision shall be disregarded and not added together with

 11  the  other percentages, and except that the percentages employed in such

 12  subdivision three shall be modified to reflect the factors  utilized  in

 13  computing  minimum  taxable  income,  provided, however, that a taxpayer

 14  principally engaged in the conduct of aviation (other than  air  freight

 15  forwarders  acting  as  principal  and like indirect air carriers) shall

 16  determine its alternative business allocation percentage pursuant to the

 17  method prescribed in subparagraph seven of paragraph (a) of  subdivision

 18  three  of this section, provided further, however, that a taxpayer which

 19  is a manufacturer, as defined in clause (B) of subparagraph ten of para-

 20  graph (a) of subdivision three of  this  section,  shall  determine  its

 21  alternative  business  allocation  percentage  pursuant  to  the  method

 22  prescribed in clause (A) of such subparagraph ten.

 23    § 3. Section 209-B of the tax law is amended by adding a new  subdivi-

 24  sion 2-c to read as follows:

 25    2-c.  A  taxpayer  which is a manufacturer as defined in clause (B) of

 26  subparagraph ten of paragraph (a) of subdivision three  of  section  two

 27  hundred  ten  of  this  article shall, notwithstanding the provisions of

 28  subdivision two of this section, determine the percentage of  its  busi-

                                        45                         12026-02-1

  1  ness activity carried on within the metropolitan commuter transportation

  2  district in the manner set forth in this subdivision.

  3    (a)  For  taxable years beginning on or after January first, two thou-

  4  sand one and before January first, two thousand three, the percentage of

  5  a manufacturer's business activity carried on  within  the  metropolitan

  6  commuter  transportation district shall be determined by adding together

  7  the following percentages and dividing  the  result  by  the  number  of

  8  percentages:

  9    (i)  the product of twenty percent and the percentage determined under

 10  paragraph (a) of subdivision two of this section,

 11    (ii) the product of sixty percent and the percentage determined  under

 12  paragraph (b) of subdivision two of this section, and

 13    (iii)  the  product  of  twenty  percent and the percentage determined

 14  under paragraph (c) of subdivision two of this section.

 15    (b) For taxable years beginning on or after January first,  two  thou-

 16  sand  three  and before January first, two thousand four, the percentage

 17  of a manufacturer's business activity carried on within the metropolitan

 18  commuter transportation district shall be determined by adding  together

 19  the  following  percentages  and  dividing  the  result by the number of

 20  percentages:

 21    (i) the product of ten percent and  the  percentage  determined  under

 22  paragraph (a) of subdivision two of this section,

 23    (ii) the product of eighty percent and the percentage determined under

 24  paragraph (b) of subdivision two of this section, and

 25    (iii)  the  product of ten percent and the percentage determined under

 26  paragraph (c) of subdivision two of this section.

 27    (c) For taxable years beginning on or after January first,  two  thou-

 28  sand four and before January first, two thousand five, the percentage of

                                        46                         12026-02-1

  1  a  manufacturer's  business  activity carried on within the metropolitan

  2  commuter transportation district shall be determined by adding  together

  3  the  following  percentages  and  dividing  the  result by the number of

  4  percentages:

  5    (i)  the  product  of five percent and the percentage determined under

  6  paragraph (a) of subdivision two of this section,

  7    (ii) the product of ninety percent and the percentage determined under

  8  paragraph (b) of subdivision two of this section, and

  9    (iii) the product of five percent and the percentage determined  under

 10  paragraph (c) of subdivision two of this section.

 11    (d)  For  taxable years beginning on or after January first, two thou-

 12  sand five, the percentage of a manufacturer's business activity  carried

 13  on within the metropolitan commuter transportation district shall be the

 14  percentage  provided  for  in  paragraph  (b) of subdivision two of this

 15  section.

 16    § 4. Subparagraph (ii) of paragraph (c) of subdivision  1  of  section

 17  210  of the tax law, as amended by section 1 of part L of chapter 407 of

 18  the laws of 1999, is amended to read as follows:

 19    (ii) For taxable years beginning in nineteen hundred ninety,  nineteen

 20  hundred  ninety-one, nineteen hundred ninety-two, nineteen hundred nine-

 21  ty-three and nineteen hundred ninety-four the amount prescribed by  this

 22  paragraph  shall  be computed at the rate of five percent of the taxpay-

 23  er's minimum taxable income base.  For  taxable  years  beginning  after

 24  nineteen  hundred  ninety-four  and  before July first, nineteen hundred

 25  ninety-eight, the amount prescribed by this paragraph shall be  computed

 26  at  the  rate  of  three  and one-half percent of the taxpayer's minimum

 27  taxable income base. For taxable years beginning after  June  thirtieth,

 28  nineteen  hundred  ninety-eight  and before July first, nineteen hundred

                                        47                         12026-02-1

  1  ninety-nine, the amount prescribed by this paragraph shall  be  computed

  2  at  the  rate of three and one-quarter percent of the taxpayer's minimum

  3  taxable income base. For taxable years beginning after  June  thirtieth,

  4  nineteen  hundred  ninety-nine  and before July first, two thousand, the

  5  amount prescribed by this paragraph shall be computed  at  the  rate  of

  6  three  percent of the taxpayer's minimum taxable income base.  For taxa-

  7  ble years beginning after  June  thirtieth,  two  thousand,  the  amount

  8  prescribed  by  this  paragraph shall be computed at the rate of two and

  9  one-half percent of the taxpayer's minimum taxable  income  base.    For

 10  taxable  years beginning on or after January first, two thousand one and

 11  before January first, two thousand three, the amount prescribed by  this

 12  paragraph shall be computed at the rate of two percent of the taxpayer's

 13  minimum  taxable  base.  For taxable years beginning on or after January

 14  first, two thousand three and before January first, two  thousand  four,

 15  the amount prescribed by this paragraph shall be computed at the rate of

 16  one  percent  of  the taxpayer's minimum taxable base. For taxable years

 17  beginning on or after January first, two thousand four and before  Janu-

 18  ary  first,  two  thousand five, the amount prescribed by this paragraph

 19  shall be computed at the rate of  one-half  percent  of  the  taxpayer's

 20  minimum  taxable  base.  For taxable years beginning on or after January

 21  first, two thousand five, the amount prescribed by this paragraph  shall

 22  be  computed at the rate of zero percent of the taxpayer's minimum taxa-

 23  ble base. The "taxpayer's minimum taxable income base"  shall  mean  the

 24  portion  of  the  taxpayer's minimum taxable income allocated within the

 25  state as hereinafter provided, subject to any modifications required  by

 26  paragraphs (d) and (e) of subdivision three of this section.

 27    § 5. This act shall take effect immediately.

                                        48                         12026-02-1

  1                                   PART C

  2    Section  1.  Legislative  intent. The legislature hereby finds, deter-

  3  mines and declares that the New York agriculture industry has a substan-

  4  tial impact on the overall economic health and well-being of the  state.

  5  The state constitution provides that the policy of the state shall be to

  6  encourage  the development and improvement of its agricultural lands for

  7  the production of food and other agricultural products.  The  activities

  8  of  farmers  and the existence of quality farmland provide many environ-

  9  mental benefits to society, such as open space, scenic vistas,  wetlands

 10  that  aid in water purification, plants that purify air, and food, water

 11  and habitat for people, domestic animals and wildlife.  Farmers preserve

 12  these benefits by employing management practices such as integrated pest

 13  management  strategies,  no-till  planting,  strip  cropping  and   crop

 14  rotations, wind breaks, soil testing, and effective barnyard management.

 15  Properly  managed  farmland has also been demonstrated to be a preferred

 16  environmental use of land for watershed protection. Therefore, it is  in

 17  the  public  interest  to encourage the maintenance of existing farmland

 18  and the restoration of agricultural lands for farming purposes,  thereby

 19  helping to ensure the continued economic viability of farm operations.

 20    §  2.  The  subdivision heading and paragraphs (a), (b), (c), (d), (e)

 21  and (h) of subdivision 22 of section 210 of the tax law, the subdivision

 22  heading and paragraphs (c), (e) and (h) as added by chapter 309  of  the

 23  laws  of  1996,  paragraphs (a) and (b) as amended by chapter 315 of the

 24  laws of 1998, paragraph (d) and  subparagraph  2  of  paragraph  (e)  as

 25  amended  by  section 1 of part N of chapter 407 of the laws of 1999, are

 26  amended to read as follows:

                                        49                         12026-02-1

  1    Agricultural property tax  credit  credits.  (a) General. (1) Farmers'

  2  credit. In the case of a taxpayer  which  that is an eligible farmer  or

  3  an eligible farmer who has paid taxes pursuant to a land  contract   and

  4  that  owns  qualified  agricultural  property,  there shall be allowed a

  5  credit  for  the  allowable  school  district  property  taxes  on  such

  6  property.

  7    (2) Agricultural assessment credit. In the case  of  a  taxpayer  that

  8  owns agricultural assessment property which is leased to another person,

  9  there  shall be allowed a credit for the allowable school district prop-

 10  erty taxes on such property.

 11    (3) A taxpayer shall claim only one  of  the  credits  provided  under

 12  subparagraph  one  or subparagraph two of this paragraph for the taxable

 13  year.

 14    (4) The term "allowable school  district  property  taxes"  means  the

 15  school  district  property taxes paid during the taxable year  on quali-

 16  fied agricultural property , subject to the acreage limitation  provided

 17  in  paragraph (e) of this subdivision and the income limitation provided

 18  in paragraph (f) of this subdivision.

 19    (5) For purposes of this subdivision, a land contract owner of proper-

 20  ty shall be deemed to be the owner of  such  property.  The  term  "land

 21  contract  owner"  means  a person other than the owner of record of land

 22  who has paid the school district property taxes on such land pursuant to

 23  a contract for the future purchase of such land.

 24    (b) Eligible farmer.  For  purposes  of  this  subdivision,  the  term

 25  "eligible farmer" means a taxpayer whose federal gross income from farm-

 26  ing  for the taxable year is at least two-thirds of excess federal gross

 27  income.  The term "eligible farmer" shall  also  include  an  individual

 28  other  than  the  taxpayer of record for qualified agricultural land who

                                        50                         12026-02-1

  1  has paid the school district property taxes on such land pursuant  to  a

  2  contract  for  the future purchase of such land provided such individual

  3  has a federal gross income from farming for the taxable year which is at

  4  least  two-thirds  of excess federal gross income.  Excess federal gross

  5  income means the amount of federal gross income from all sources for the

  6  taxable year in excess of thirty thousand dollars.

  7    (c) School district property taxes. For purposes of this  subdivision,

  8  the  term  "school  district  property  taxes" means all property taxes,

  9  special ad valorem levies and special assessments, exclusive  of  penal-

 10  ties  and interest, levied for school district purposes on the qualified

 11   agricultural  property owned by the taxpayer.

 12    (d) Qualified property, qualified agricultural property . For purposes

 13  of this subdivision, the , agricultural  assessment  property.  (1)  The

 14  term  qualified  property means qualified agricultural property or agri-

 15  cultural assessment property.

 16    (2) The term "qualified agricultural property" means land  located  in

 17  this  state  which is used in agricultural production, and land improve-

 18  ments, structures  and  buildings  (excluding  buildings  used  for  the

 19  taxpayer's  residential  purpose) located on such land which are used or

 20  occupied to carry out such production. Qualified  agricultural  property

 21  also  includes  land set aside or retired under a federal supply manage-

 22  ment or soil conservation program.

 23    (3) The term  "agricultural  assessment  property"  means  land  which

 24  receives  or  is  eligible to receive an agricultural assessment for the

 25  taxable year pursuant to section three hundred five or three hundred six

 26  of the agriculture and markets law, and  land  improvements,  structures

 27  and  buildings  (excluding buildings used for the taxpayer's residential

                                        51                         12026-02-1

  1  purpose) located on such land which are used or occupied  to  carry  out

  2  agricultural production.

  3    (e)  Acreage  limitation.  (1)  Eligible  taxes. In the event that the

  4  qualified  agricultural  property owned by the taxpayer includes land in

  5  excess of the base acreage as provided in this paragraph, the amount  of

  6  school  district  property taxes eligible for credit under this subdivi-

  7  sion shall be that portion of the school district property  taxes  which

  8  bears  the  same  ratio to the total school district property taxes paid

  9  during the taxable year, as the acreage allowable under  this  paragraph

 10  bears to the entire acreage of such land.

 11    (2)  Allowable  acreage.  The allowable acreage is the sum of the base

 12  acreage set forth below and fifty percent of  the  incremental  acreage.

 13  The incremental acreage is the excess of the entire acreage of qualified

 14   agricultural   land owned by the taxpayer over the base acreage. Except

 15  as provided in subparagraph three of this paragraph:

 16  For taxable years beginning:                   The base acreage is:

 17     in 1997                                             100

 18     after 1997                                          250

 19  For taxable years beginning after two thousand, the total  base  acreage

 20  may  be  increased  by  any acreage enrolled or participating during the

 21  taxable year in a federal  environmental  conservation  acreage  reserve

 22  program  pursuant  to title three of the federal agriculture improvement

 23  and reform act of nineteen hundred ninety-six.

 24    (3) Base acreage of related persons.  Where the taxpayer  and  one  or

 25  more  related  persons each own qualified  agricultural  property on the

 26  first day of March of any year, the base acreage under subparagraph  two

                                        52                         12026-02-1

  1  of  this  paragraph  shall  be  divided  equally  and allotted among the

  2  taxpayer and such related persons, and the taxpayer's base  acreage  for

  3  the taxable year which includes such March first shall be limited to its

  4  allotted  share. Provided, however, if the taxpayer and all such related

  5  persons consent (at such time and in such manner as the commissioner may

  6  prescribe) to an unequal division, the taxpayer's base acreage for  such

  7  taxable  year  shall be limited to its allotted share under such unequal

  8  division.

  9    (4) Related persons. (A) For purposes of subparagraph  three  of  this

 10  paragraph, the term "related person" means:

 11    (i) a corporation subject to tax under this article, where the taxpay-

 12  er  and  the  corporation  are  members of the same controlled group, as

 13  defined in section 267(f) of the internal revenue code;

 14    (ii) an individual, partnership, estate  or  trust,  where  more  than

 15  fifty  percent  in  value  of  the  outstanding stock of the taxpayer is

 16  owned, directly or indirectly, by or for such  individual,  partnership,

 17  estate or trust or by or for the grantor of such trust;

 18    (iii)  a  corporation subject to tax under this article, or a partner-

 19  ship, estate or trust, if the same person owns more than  fifty  percent

 20  in  value  of  the outstanding stock of the taxpayer and more than fifty

 21  percent in value of the outstanding stock of the  corporation,  or  more

 22  than  fifty  percent  of the capital or profits interest in the partner-

 23  ship, or more than fifty percent  of  the  beneficial  interest  in  the

 24  estate or trust;

 25    (iv)  a  partnership,  estate  or  trust  of  which the taxpayer owns,

 26  directly or indirectly, more than fifty percent of the capital,  profits

 27  or beneficial interest.

                                        53                         12026-02-1

  1    (B)  In  determining  whether  a person is a related person within the

  2  meaning of this subparagraph:

  3    (i)  stock  owned,  directly  or  indirectly, by or for a corporation,

  4  partnership, estate or trust shall be considered as being owned  propor-

  5  tionately by or for its shareholders, partners or beneficiaries;

  6    (ii)  an  individual  shall  be  considered as owning the stock owned,

  7  directly or indirectly, by or for his spouse;

  8    (iii) stock constructively owned by a person by reason of the applica-

  9  tion of item (i) of this clause shall, for the purpose of applying  item

 10  (i) or (ii) of this clause, be treated as actually owned by such person.

 11    (h)  Nonqualified use.  (1) No credit in conversion year. In the event

 12  that qualified  agricultural  property is converted  by the taxpayer  to

 13  nonqualified use, credit under this subdivision  shall  not  be  allowed

 14  with  respect  to  such property for the taxable year of conversion (the

 15  conversion year).

 16    (2) Credit recapture.  If the conversion  by the taxpayer   of  quali-

 17  fied  agricultural  property to nonqualified use occurs during the peri-

 18  od  of  the  two  taxable years following the taxable year for which the

 19  credit under this subdivision was first claimed  with  respect  to  such

 20  property, the credit allowed with respect to such property for the taxa-

 21  ble years prior to the conversion year must be added back in the conver-

 22  sion  year.    Where the property converted includes land, and where the

 23  conversion is of only a portion of such land, the  credit  allowed  with

 24  respect to the property converted shall be determined by multiplying the

 25  entire  credit under this subdivision for the taxable years prior to the

 26  conversion year by a fraction, the numerator of  which  is  the  acreage

 27  converted  and  the  denominator  of which is the entire acreage of such

 28  land owned by the taxpayer immediately prior to the conversion.

                                        54                         12026-02-1

  1    (3) Exception to recapture. Subparagraph two of this  paragraph  shall

  2  not  apply  to  the  conversion  of  property where the conversion is by

  3  reason of involuntary conversion, within  the  meaning  of  section  one

  4  thousand thirty-three of the internal revenue code.

  5    (4)  Conversion to nonqualified use. For purposes of this paragraph, a

  6  sale or other disposition of  qualified   agricultural   property  alone

  7  shall not constitute a conversion to a nonqualified use.  In the case of

  8  agricultural  assessment  property, conversion to nonqualified use shall

  9  mean that such property is converted to a  use  which  would  disqualify

 10  such property for an agricultural assessment under section three hundred

 11  five or three hundred six of the agriculture and markets law.

 12    §  3.  Section 210 of the tax law  is amended by adding a new subdivi-

 13  sion 35 to read as follows:

 14    35. Credit for  soil  improvement  projects  or  farmland  improvement

 15  projects.  (a)  A  taxpayer shall be allowed a credit, to be computed as

 16  hereinafter provided, against the  tax  imposed  by  this  article.  The

 17  amount  of  the  credit  shall  be twenty-five percent of the taxpayer's

 18  eligible expenditures with respect to a  soil  improvement  project  for

 19  land  located  in  New  York state which meets the criteria set forth in

 20  paragraph (b) of this subdivision or a farmland improvement project  for

 21  land  located  in  New  York state which meets the criteria set forth in

 22  paragraph (c) of this subdivision. Such credit shall be allowed for  the

 23  taxable  year  in which either the soil improvement project or the farm-

 24  land improvement project,  whichever  is  applicable,  is  completed.  A

 25  taxpayer may be allowed both a credit for a soil improvement project and

 26  a farmland improvement project in the same taxable year. However, once a

 27  taxpayer  has  been allowed a credit under this subdivision with respect

 28  to a soil improvement project, such taxpayer  shall  not  be  allowed  a

                                        55                         12026-02-1

  1  credit  under  this subdivision for a soil improvement project in subse-

  2  quent taxable years, and once a taxpayer has been allowed a credit under

  3  this subdivision with respect to a farmland  improvement  project,  such

  4  taxpayer  shall  not  be  allowed  a credit under this subdivision for a

  5  farmland improvement project in subsequent taxable years.

  6    (b) Under this subdivision, a soil improvement project must  meet  the

  7  following criteria:

  8    (i)  Such  soil  improvement  project must consist of activities which

  9  will restore land for agricultural production purposes by improving  the

 10  soil  resources  of land, consistent with "best management practices" as

 11  defined in subdivision four of section one hundred fifty of the agricul-

 12  ture and markets law, which has not been used in agricultural production

 13  for at least two years prior to the implementation of the project.

 14    (ii) Rented land which is the subject of the soil improvement  project

 15  must be leased pursuant to a written agreement having a term of at least

 16  five  years,  commencing either in the year the soil improvement project

 17  is implemented or in the year the soil improvement project is completed.

 18    (c) Under this subdivision, a farmland improvement project  must  meet

 19  the following criteria:

 20    (i) The farmland improvement project must consist of activities relat-

 21  ing  to  the  construction  of fencing, the installation of fencing, the

 22  repair of fencing or the repair of silos, or any  combination  of  these

 23  activities  on  farmland, consistent with "best management practices" as

 24  defined in subdivision four of section one hundred fifty of the agricul-

 25  ture and markets law.

 26    (ii) For purposes of this paragraph, farmland  means  any  land  which

 27  receives  or  is eligible to receive an agricultural assessment pursuant

                                        56                         12026-02-1

  1  to section three hundred five or three hundred six  of  the  agriculture

  2  and markets law for the taxable year.

  3    (d)(i)  Eligible expenditures for a soil improvement project for which

  4  a tax credit may be allowed under this subdivision are:   (A)  fees  for

  5  architectural,   archeological,   geological  and  engineering  services

  6  related to the implementation and completion  of  the  soil  improvement

  7  project,  (B)  the  cost  of developing plans and specifications for the

  8  soil improvement project, (C) fees for  consultant  and  legal  services

  9  related  to  the  implementation  and completion of the soil improvement

 10  project, and (D) direct  expenses  related  to  the  implementation  and

 11  completion of the soil improvement project.

 12    (ii)  Direct  expenses related to the implementation and completion of

 13  the soil improvement project are (A) the expenditures  listed  in  para-

 14  graph one of subsection (c) of section 175 of the internal revenue code,

 15  (B) expenditures related to the application of lime on the land which is

 16  the subject of the soil improvement project, (C) expenditures related to

 17  the  installation  of  tile in the land which is the subject of the soil

 18  improvement  project,  (D)   expenditures   related   to   the   repair,

 19  construction,  and installation of fencing which are required as part of

 20  the soil improvement project, and (E) expenditures related to the repair

 21  of silos which are required as part of the soil improvement project.

 22    (iii) Eligible expenditures for a  farmland  improvement  project  for

 23  which  a tax credit may be allowed under this subdivision are the direct

 24  expenses related to the construction of  fencing,  the  installation  of

 25  fencing, the repair of fencing and the repair of silos.

 26    (e)  In  no event shall the credit allowed under this subdivision with

 27  respect to any particular soil improvement project or farmland  improve-

 28  ment  project exceed ten thousand dollars. The credit allowed under this

                                        57                         12026-02-1

  1  subdivision for any taxable year may not reduce the  tax  due  for  such

  2  year to less than the higher of the amounts prescribed in paragraphs (c)

  3  and  (d)  of subdivision one of this section. If, however, the amount of

  4  credit  allowed  under this subdivision for any taxable year reduces the

  5  tax amount to such amount, any amount of credit not deductible  in  such

  6  taxable  year may be carried over to the following year or years and may

  7  be deducted from the taxpayer's tax for such year or years.

  8    (f)(i) If a recapture event, as defined in subparagraph (ii)  of  this

  9  paragraph,  occurs prior to the end of sixty months after the completion

 10  of the soil improvement project  or  farmland  improvement  project  for

 11  which a credit was allowed under this subdivision, the taxpayer shall be

 12  required  to  add  back in the taxable year in which the recapture event

 13  occurs the amount of credit allowed under this subdivision.

 14    (ii) For purposes of this paragraph, a  "recapture  event"  means  the

 15  land  which  is the subject of the soil improvement project or the farm-

 16  land improvement project is not used in agricultural production.

 17    § 4. Subparagraph (B) of paragraph 1 of subsection (i) of section  606

 18  of the tax law, as separately amended by section 4 of part I, section 47

 19  of part Y, section 4 of part CC, sections 4 and 15 of part GG, section 5

 20  of part II and section 3 of part E of chapter 63 of the laws of 2000, is

 21  amended to read as follows:

 22    (B)  shall  be  treated as the owner of a new business with respect to

 23  such share if the corporation qualifies as a new  business  pursuant  to

 24  paragraph  (j)  of subdivision twelve of section two hundred ten of this

 25  chapter, unless the shareholder has  previously  received  a  refund  by

 26  reason of the application of this subparagraph, or this subsection as it

 27  was  in effect for taxable years beginning before nineteen hundred nine-

 28  ty-four.

                                        58                         12026-02-1

  1                                          The corporation's

  2  With respect to the                     credit base under

  3  following credit                        section two hundred ten

  4  under this section:                     or section fourteen

  5                                          hundred fifty-six of this

  6                                          chapter is:

  7  Investment tax credit                   Investment credit base

  8  under subsection (a)                    or qualified

  9                                          rehabilitation

 10                                          expenditures under

 11                                          subdivision twelve of

 12                                          section two hundred ten

 13  Empire zone                             Cost or other basis

 14  investment tax credit                   under subdivision

 15  under subsection (j)                    twelve-B

 16                                          of section two hundred

 17                                          ten

 18  Empire zone                             Eligible wages under

 19  wage tax credit                         subdivision nineteen of

 20  under subsection (k)                    section two hundred ten

 21                                          or subsection (e) of

 22                                          section fourteen hundred

 23                                          fifty-six

 24  Empire zone                             Qualified investments

                                        59                         12026-02-1

  1  capital tax credit                      and contributions under

  2  under subsection (1)                    subdivision twenty of

  3                                          section two hundred ten

  4                                          or subsection (d) of

  5                                          section fourteen hundred

  6                                          fifty-six

  7  Agricultural property tax               Allowable school

  8  credit under subsection (n)             district property taxes under

  9                                          subdivision twenty-two of

 10                                          section two hundred ten

 11  Credit for employment                   Qualified first-year wages or

 12  of persons with dis-                    qualified second-year wages

 13  abilities under                         under subdivision

 14  subsection (o)                          twenty-three of section

 15                                          two hundred ten

 16                                          or subsection (f)

 17                                          of section fourteen

 18                                          hundred fifty-six

 19  Employment incentive                    Applicable investment credit

 20  credit under subsec-                    base under subdivision

 21  tion (a-1)                              twelve-D of section two

 22                                          hundred ten

 23  Empire zone                             Applicable investment

 24  employment                              credit under sub-

                                        60                         12026-02-1

  1  incentive credit under                  division twelve-C

  2  subsection (j-1)

  3  Alternative fuels credit                Cost under subdivision

  4  under subsection (p)                    twenty-four of section two

  5                                          hundred ten

  6  Qualified emerging                      Applicable credit base

  7  technology company                      under subdivision twelve-E

  8  employment credit                       of section two hundred ten

  9  under subsection (q)

 10  Qualified emerging                      Qualified investments under

 11  technology company                      subdivision twelve-F of

 12  capital tax credit                      section two hundred ten

 13  under subsection (r)

 14  Credit for purchase of an               Cost of an automated

 15  automated external defibrillator        external defibrillator under

 16  under subsection (s)                    subdivision twenty-five of

 17                                          section two hundred ten

 18                                          or subsection (j) of section

 19                                          fourteen hundred fifty-six

 20  Low-income housing                      Credit amount under

 21  credit under subsection (x)             subdivision thirty

 22                                          of section two hundred ten or

 23                                          subsection (1) of section

                                        61                         12026-02-1

  1                                          fourteen hundred fifty-six

  2  Credit for transportation               Amount of credit under sub-

  3  improvement contributions               division thirty-two of section

  4  under subsection (z)                    two hundred ten or subsection

  5                                          (n) of section fourteen

  6                                          hundred fifty-six

  7  IMB credit for energy                   Amount of credit

  8  taxes under sub-                        under subdivision

  9  section (t-1)                           twenty-six-a of

 10                                          section two hundred ten

 11  QEZE credit for real property           Amount of credit under

 12  taxes under subsection (bb)             subdivision twenty-seven of

 13                                          section two hundred ten or

 14                                          subsection (o) of section

 15                                          fourteen hundred fifty-six

 16  QEZE tax reduction credit               Amount of credit under

 17  under subsection (cc)                   subdivision twenty-eight of

 18                                          section two hundred ten or

 19                                          subsection (p) of section

 20                                          fourteen hundred fifty-six

 21  Green building credit                   Amount of green building credit

 22  under subsection (y)                    under subdivision thirty-one

 23                                          of section two hundred ten

                                        62                         12026-02-1

  1                                          or subsection (m) of section

  2                                          fourteen hundred fifty-six

  3  Credit for long-term                    Qualified costs under

  4  care insurance premiums                 subdivision twenty-five-a of

  5  under subsection (aa)                   section two hundred ten

  6                                          or subsection (k) of section

  7                                          fourteen hundred fifty-six

  8  Credit for soil improvement projects    Amount of eligible expenditures

  9  or farmland improvement projects        under subdivision thirty-five

 10  under subsection (hh)                   of section two hundred ten

 11    §  5. Subparagraph (B) of paragraph 1 of subsection (i) of section 606

 12  of the tax law, as separately amended by section 4 of part I, section  4

 13  of  part  CC,  sections  4  and  15 of part GG, section 5 of part II and

 14  section 3 of part E of chapter 63 of the laws of  2000,  is  amended  to

 15  read as follows:

 16    (B)  shall  be  treated as the owner of a new business with respect to

 17  such share if the corporation qualifies as a new  business  pursuant  to

 18  paragraph  (j)  of subdivision twelve of section two hundred ten of this

 19  chapter, unless the shareholder has  previously  received  a  refund  by

 20  reason of the application of this subparagraph, or this subsection as it

 21  was  in effect for taxable years beginning before nineteen hundred nine-

 22  ty-four.

 23                                          The corporation's

 24  With respect to the                     credit base under

 25  following credit                        section two hundred ten

                                        63                         12026-02-1

  1  under this section:                     or section fourteen

  2                                          hundred fifty-six of this

  3                                          chapter is:

  4  Investment tax credit                   Investment credit base

  5  under subsection (a)                    or qualified

  6                                          rehabilitation

  7                                          expenditures under

  8                                          subdivision twelve of

  9                                          section two hundred ten

 10  Empire zone                             Cost or other basis

 11  investment tax credit                   under subdivision

 12  under subsection (j)                    twelve-B

 13                                          of section two hundred

 14                                          ten

 15  Empire zone                             Eligible wages under

 16  wage tax credit                         subdivision nineteen of

 17  under subsection (k)                    section two hundred ten

 18                                          or subsection (e) of

 19                                          section fourteen hundred

 20                                          fifty-six

 21  Empire zone                             Qualified investments

 22  capital tax credit                      and contributions under

 23  under subsection (1)                    subdivision twenty of

 24                                          section two hundred ten

                                        64                         12026-02-1

  1                                          or subsection (d) of

  2                                          section fourteen hundred

  3                                          fifty-six

  4  Agricultural property tax               Allowable school

  5  credit under subsection (n)             district property taxes under

  6                                          subdivision twenty-two of

  7                                          section two hundred ten

  8  Credit for employment                   Qualified first-year wages or

  9  of persons with dis-                    qualified second-year wages

 10  abilities under                         under subdivision

 11  subsection (o)                          twenty-three of section

 12                                          two hundred ten

 13                                          or subsection (f)

 14                                          of section fourteen

 15                                          hundred fifty-six

 16  Employment incentive                    Applicable investment credit

 17  credit under subsec-                    base under subdivision

 18  tion (a-1)                              twelve-D

 19  Empire zone                             Applicable investment

 20  employment                              credit under sub-

 21  incentive credit under                  division twelve-C

 22  subsection (j-1)

                                        65                         12026-02-1

  1  Alternative fuels credit                Cost under subdivision

  2  under subsection (p)                    twenty-four

  3  Qualified emerging                      Applicable credit base

  4  technology company                      under subdivision twelve-E

  5  employment credit                       of section two hundred ten

  6  under subsection (q)

  7  Qualified emerging                      Qualified investments under

  8  technology company                      subdivision twelve-F of

  9  capital tax credit                      section two hundred ten

 10  under subsection (r)

 11  Credit for purchase of an               Cost of an automated

 12  automated external defibrillator        external defibrillator under

 13  under subsection (s)                    subdivision twenty-five of

 14                                          section two hundred ten

 15                                          or subsection (j) of section

 16                                          fourteen hundred fifty-six

 17  Low-income housing                      Credit amount under

 18  credit under subsection (x)             subdivision thirty

 19                                          of section two hundred ten or

 20                                          subsection (1) of section

 21                                          fourteen hundred fifty-six

                                        66                         12026-02-1

  1  Credit for transportation               Amount of credit under sub-

  2  improvement contributions               division thirty-two of section

  3  under subsection (z)                    two hundred ten or subsection

  4                                          (n) of section fourteen

  5                                          hundred fifty-six

  6  QEZE credit for real property           Amount of credit under

  7  taxes under subsection (bb)             subdivision twenty-seven of

  8                                          section two hundred ten or

  9                                          subsection (o) of section

 10                                          fourteen hundred fifty-six

 11  QEZE tax reduction credit               Amount of credit under

 12  under subsection (cc)                   subdivision twenty-eight of

 13                                          section two hundred ten or

 14                                          subsection (p) of section

 15                                          fourteen hundred fifty-six

 16  Green building credit                   Amount of green building credit

 17  under subsection (y)                    under subdivision thirty-one

 18                                          of section two hundred ten

 19                                          or subsection (m) of section

 20                                          fourteen hundred fifty-six

 21  Credit for long-term                    Qualified costs under

 22  care insurance premiums                 subdivision twenty-five-a of

 23  under subsection (aa)                   section two hundred ten

 24                                          or subsection (k) of section

                                        67                         12026-02-1

  1                                          fourteen hundred fifty-six

  2  Credit for soil improvement projects    Amount of eligible expenditures

  3  or farmland improvement projects        under subdivision thirty-five of

  4  under subsection (hh)                   section two hundred ten

  5    §  6.  The  subsection  heading  and paragraphs 1, 2, 3, 4, 5 and 7 of

  6  subsection (n) of section 606 of the tax law, the subsection heading and

  7  paragraphs 3, 5 and 7 as added by chapter 309 of the laws of 1996, para-

  8  graphs 1 and 2 as amended by chapter 315 of the laws of 1998,  paragraph

  9  4  and subparagraph (B) of paragraph 5 as amended by section 2 of part N

 10  of chapter 407 of the laws of 1999, are amended to read as follows:

 11    Agricultural property tax  credit  credits.  (1) General. (A) Farmers'

 12  credit. In the case of a taxpayer who  is  an  eligible  farmer   or  an

 13  eligible  farmer who has paid taxes pursuant to a land contract  and who

 14  owns qualified agricultural property, there shall be  allowed  a  credit

 15  for the allowable school district property taxes on such property.

 16    (B)  Agricultural  assessment  credit.  In the case of a taxpayer that

 17  owns agricultural assessment property which is leased to another person,

 18  there shall be allowed a credit for the allowable school district  prop-

 19  erty taxes on such property.

 20    (C)  A  taxpayer  shall  claim  only one of the credits provided under

 21  subparagraph (A) or subparagraph (B) of this paragraph for  the  taxable

 22  year.

 23    (D)  The  term  "allowable  school  district property taxes" means the

 24  school district property taxes paid during the taxable year   on  quali-

 25  fied  agricultural property , subject to the acreage limitation provided

 26  in paragraph five of this subsection and the income limitation  provided

 27  in paragraph six of this subsection.  Such credit 

                                        68                         12026-02-1

  1    (E) For purposes of this subsection, a land contract owner of property

  2  shall  be  deemed  to  be  the  owner  of  such property. The term "land

  3  contract owner" means a person other than the owner of  record  of  land

  4  who has paid the school district property taxes on such land pursuant to

  5  a contract for the future purchase of such land.

  6    (F)  The  credit  under  this  subsection shall be allowed against the

  7  taxes imposed by this article for the taxable year reduced by the  cred-

  8  its  permitted  by  this  article.  If  the credit exceeds the tax as so

  9  reduced, the taxpayer may receive, and the  comptroller,  subject  to  a

 10  certificate  of  the  commissioner, shall pay as an overpayment, without

 11  interest, the amount of such excess.

 12    (2) Eligible farmer.   For  purposes  of  this  subsection,  the  term

 13  "eligible farmer" means a taxpayer whose federal gross income from farm-

 14  ing  for the taxable year is at least two-thirds of excess federal gross

 15  income.  The term "eligible farmer" shall  also  include  an  individual

 16  other  than  the  taxpayer of record for qualified agricultural land who

 17  has paid the school district property taxes on such land pursuant  to  a

 18  contract  for  the future purchase of such land provided such individual

 19  has a federal gross income from farming for the taxable year which is at

 20  least two-thirds of excess federal gross income.  Excess  federal  gross

 21  income means the amount of federal gross income from all sources for the

 22  taxable  year reduced by the sum (not to exceed thirty thousand dollars)

 23  of those items included in federal gross income  which  consist  of  (i)

 24  earned   income,   (ii)  pension  payments,  including  social  security

 25  payments, (iii) interest, and (iv) dividends. For purposes of this para-

 26  graph, the term "earned income" shall mean  wages,  salaries,  tips  and

 27  other  employee  compensation, and those items of gross income which are

 28  includible in the computation of net earnings from self-employment.

                                        69                         12026-02-1

  1    (3) School district property taxes.  For purposes of this  subsection,

  2  the  term  "school  district  property  taxes" means all property taxes,

  3  special ad valorem levies and special assessments, exclusive  of  penal-

  4  ties  and interest, levied for school district purposes on the qualified

  5   agricultural  property owned by the taxpayer.

  6    (4) Qualified property, qualified agricultural property . For purposes

  7  of this subsection, the , agricultural assessment property. (A) The term

  8  qualified property means qualified agricultural property or agricultural

  9  assessment property.

 10    (B)  The  term "qualified agricultural property" means land located in

 11  this state which is used in agricultural production, and  land  improve-

 12  ments,  structures  and  buildings  (excluding  buildings  used  for the

 13  taxpayer's residential purpose) located on such land which are  used  or

 14  occupied  to carry out such production.  Qualified agricultural property

 15  also includes land set aside or retired under a federal  supply  manage-

 16  ment or soil conservation program.

 17    (C)  The  term  "agricultural  assessment  property"  means land which

 18  receives or is eligible to receive an agricultural  assessment  for  the

 19  taxable year pursuant to section three hundred five or three hundred six

 20  of  the  agriculture  and markets law, and land improvements, structures

 21  and buildings (excluding buildings used for the  taxpayer's  residential

 22  purpose)  located  on  such land which are used or occupied to carry out

 23  agricultural production.

 24    (5) Acreage limitation.  (A) Eligible taxes.   In the event  that  the

 25  qualified  agricultural  property owned by the taxpayer includes land in

 26  excess  of the base acreage as provided in this paragraph, the amount of

 27  school district property taxes eligible for credit under this subsection

 28  shall be that portion of the school district property taxes which  bears

                                        70                         12026-02-1

  1  the  same  ratio to the total school district property taxes paid during

  2  the taxable year, as the acreage allowable under this paragraph bears to

  3  the entire acreage of such land.

  4    (B)  Allowable  acreage.  The allowable acreage is the sum of the base

  5  acreage set forth below and fifty percent of  the  incremental  acreage.

  6  The incremental acreage is the excess of the entire acreage of qualified

  7   agricultural   land owned by the taxpayer over the base acreage. Except

  8  as provided in subparagraph (C) of this paragraph:

  9      For taxable years beginning:  The base acreage is:

 10      in 1997                                 100

 11      after 1997                              250

 12  For taxable years beginning after two thousand, total base  acreage  may

 13  be increased by any acreage enrolled or participating during the taxable

 14  year  in  a  federal  environmental conservation acreage reserve program

 15  pursuant to title three  of  the  federal  agriculture  improvement  and

 16  reform act of nineteen hundred ninety-six.

 17    (C)  Base  acreage  of related persons.  Where the taxpayer and one or

 18  more related persons each own qualified  agricultural  property  on  the

 19  first  day of March of any year, the base acreage under subparagraph (B)

 20  of this paragraph shall  be  divided  equally  and  allotted  among  the

 21  taxpayer  and  such related persons, and the taxpayer's base acreage for

 22  the taxable year which includes such March first shall be limited to its

 23  allotted share.  Provided, however, if the taxpayer and all such related

 24  persons consent (at such time and in such manner as the commissioner may

 25  prescribe) to an unequal division, the taxpayer's base acreage for  such

 26  taxable  year  shall be limited to its allotted share under such unequal

 27  division.

                                        71                         12026-02-1

  1    (D)  Related persons.  (i)  For purposes of subparagraph (C)  of  this

  2  paragraph, the term "related person" means:

  3    (I)  a spouse;

  4    (II)   a corporation subject to tax under article nine-A of this chap-

  5  ter, where more than fifty percent in value of the outstanding stock  of

  6  the  corporation is owned, directly or indirectly, by or for the taxpay-

  7  er, or, where the taxpayer is a trust, where such stock is owned direct-

  8  ly or indirectly by or for the grantor of such trust;

  9    (III)  a partnership, estate or trust  of  which  the  taxpayer  owns,

 10  directly  or indirectly, more than fifty percent of the capital, profits

 11  or beneficial interest.

 12    (ii)  For purposes of subparagraph (C) of this  paragraph,  where  the

 13  taxpayer  is  an  estate  or trust, the term "related person" shall also

 14  mean a corporation subject to tax under article nine-A of this  chapter,

 15  a partnership, an estate or trust:

 16    (I)    where more than fifty percent of the beneficial interest in the

 17  taxpayer is owned, directly or indirectly, by or for  such  corporation,

 18  partnership, estate or trust or by or for the grantor of such trust; or

 19    (II)    if the same person owns more than fifty percent of the benefi-

 20  cial interest in the taxpayer and more than fifty percent  in  value  of

 21  the  outstanding stock of the corporation, or more than fifty percent of

 22  the capital or profits interest in the partnership, or more  than  fifty

 23  percent of the beneficial interest in the estate or trust.

 24    (iii)   In determining whether a person is a related person within the

 25  meaning of this subparagraph:

 26    (I)  stock owned, directly or indirectly, by  or  for  a  corporation,

 27  partnership,  estate or trust shall be considered as being owned propor-

 28  tionately by or for its shareholders, partners or beneficiaries;

                                        72                         12026-02-1

  1    (II)  an individual shall be considered as  owning  the  stock  owned,

  2  directly or indirectly, by or for his spouse;

  3    (III)   stock constructively owned by a person by reason of the appli-

  4  cation of item (I) of this clause shall, for  the  purpose  of  applying

  5  item  (I)  or  (II) of this clause, be treated as actually owned by such

  6  person.

  7    (7) Nonqualified use.  (A) No credit in conversion year. In the  event

  8  that qualified  agricultural  property is converted  by the taxpayer  to

  9  nonqualified use, credit under this subsection shall not be allowed with

 10  respect to such property for the taxable year of conversion (the conver-

 11  sion year).

 12    (B)  Credit recapture.   If the conversion  by the taxpayer  of quali-

 13  fied  agricultural  property to nonqualified use occurs during the peri-

 14  od of the two taxable years following the taxable  year  for  which  the

 15  credit  under  this  subsection  was  first claimed with respect to such

 16  property, the credit allowed with respect to such property for the taxa-

 17  ble years prior to the conversion year must be added back in the conver-

 18  sion year.  Where the property converted includes land,  and  where  the

 19  conversion  is  of  only a portion of such land, the credit allowed with

 20  respect to the property converted shall be determined by multiplying the

 21  entire credit under this subsection for the taxable years prior  to  the

 22  conversion  year  by  a  fraction, the numerator of which is the acreage

 23  converted and the denominator of which is the  entire  acreage  of  such

 24  land owned by the taxpayer immediately prior to the conversion.

 25    (C)  Exception to recapture.  Subparagraph (B) of this paragraph shall

 26  not apply to the conversion of  property  where  the  conversion  is  by

 27  reason  of  involuntary  conversion,  within  the meaning of section one

 28  thousand thirty-three of the internal revenue code.

                                        73                         12026-02-1

  1    (D) Conversion to nonqualified use. For purposes of this paragraph,  a

  2  sale or other disposition of qualified agricultural property alone shall

  3  not constitute a conversion to a nonqualified use.  In the case of agri-

  4  cultural  assessment property, conversion to nonqualified use shall mean

  5  that  such  property  is  converted to a use which would disqualify such

  6  property for an agricultural assessment under section three hundred five

  7  or three hundred six of the agriculture and markets law.

  8    § 7. Section 606 of the tax law is amended by adding a new  subsection

  9  (hh) to read as follows:

 10    (hh)  Credit  for  soil  improvement  projects or farmland improvement

 11  projects. (1) A taxpayer shall be allowed a credit, to  be  computed  as

 12  hereinafter  provided,  against  the  tax  imposed  by this article. The

 13  amount of the credit shall be  twenty-five  percent  of  the  taxpayer's

 14  expenditures with respect to a soil improvement project for land located

 15  in New York state which meets the criteria set forth in paragraph two of

 16  this  subsection  or  a farmland improvement project for land located in

 17  New York state which meets the criteria set forth in paragraph three  of

 18  this  subsection.  Such  credit shall be allowed for the taxable year in

 19  which either the soil improvement project or  the  farmland  improvement

 20  project,  whichever  is  applicable,  is  completed.  A  taxpayer may be

 21  allowed both a credit for a soil  improvement  project  and  a  farmland

 22  improvement  project  in the same taxable year. However, once a taxpayer

 23  has been allowed a credit under this subsection with respect to  a  soil

 24  improvement  project,  such taxpayer shall not be allowed a credit under

 25  this subsection for a soil improvement  project  in  subsequent  taxable

 26  years,  and  once  a  taxpayer  has  been  allowed  a  credit under this

 27  subsection with respect to a farmland improvement project, such taxpayer

                                        74                         12026-02-1

  1  shall not be allowed a credit  under  this  subsection  for  a  farmland

  2  improvement project in subsequent taxable years.

  3    (2)  Under  this  subsection, a soil improvement project must meet the

  4  following criteria:

  5    (A) Such soil improvement project must  consist  of  activities  which

  6  will  restore land for agricultural production purposes by improving the

  7  soil resources of land, consistent with "best management  practices"  as

  8  defined in subdivision four of section one hundred fifty of the agricul-

  9  ture and markets law, which has not been used in agricultural production

 10  for at least two years prior to the implementation of the project.

 11    (B)  Rented  land which is the subject of the soil improvement project

 12  must be leased pursuant to a written agreement having a term of at least

 13  five years, commencing either in the year the soil  improvement  project

 14  is implemented or in the year the soil improvement project is completed.

 15    (3)  Under  this  subsection, a farmland improvement project must meet

 16  the following criteria:

 17    (A) The farmland improvement project must consist of activities relat-

 18  ing to the construction of fencing, the  installation  of  fencing,  the

 19  repair  of  fencing  or the repair of silos, or any combination of these

 20  activities, on farmland, consistent with "best management practices"  as

 21  defined in subdivision four of section one hundred fifty of the agricul-

 22  ture and markets law .

 23    (B)  For  purposes  of  this  paragraph, farmland means any land which

 24  receives or is eligible to receive an agricultural  assessment  pursuant

 25  to  section  three  hundred five or three hundred six of the agriculture

 26  and markets law for the taxable year.

 27    (4) (A) Eligible expenditures for a soil improvement project for which

 28  a tax credit may be allowed under this  subsection  are:  (i)  fees  for

                                        75                         12026-02-1

  1  architectural,   archeological,   geological  and  engineering  services

  2  related to the implementation and completion  of  the  soil  improvement

  3  project,  (ii)  the  cost of developing plans and specifications for the

  4  soil  improvement  project, (iii) fees for consultant and legal services

  5  related to the implementation and completion  of  the  soil  improvement

  6  project,  and  (iv)  direct  expenses  related to the implementation and

  7  completion of the soil improvement project.

  8    (B) Direct expenses related to the implementation  and  completion  of

  9  the  soil  improvement project are: (i) the expenditures listed in para-

 10  graph one of subsection (c) of section 175 of the internal revenue code,

 11  (ii) expenditures related to the application of lime on the  land  which

 12  is  the  subject  of  the  soil  improvement project, (iii) expenditures

 13  related to the installation of tile in the land which is the subject  of

 14  the  soil  improvement project, (iv) expenditures related to the repair,

 15  construction, and installation of fencing which are required as part  of

 16  the soil improvement project, and (v) expenditures related to the repair

 17  of silos which are required as part of the soil improvement project.

 18    (C) Eligible expenditures for a farmland improvement project for which

 19  a  tax  credit  may  be  allowed  under  this subdivision are the direct

 20  expenses related to the construction of  fencing,  the  installation  of

 21  fencing, the repair of fencing and the repair of silos.

 22    (5)  In  no  event shall the credit allowed under this subsection with

 23  respect to any particular soil improvement project or farmland  improve-

 24  ment  project  exceed ten thousand dollars. In the case of a husband and

 25  wife, the amount of the credit shall be divided between them equally  or

 26  in  such  other  manner as they may both elect. Any amount of credit not

 27  deductible in any taxable year may be carried over to the following year

                                        76                         12026-02-1

  1  or years and may be deducted from the taxpayer's tax for  such  year  or

  2  years.

  3    (6)  (A)  If a recapture event, as defined in subparagraph (B) of this

  4  paragraph, occurs prior to the end of sixty months after the  completion

  5  of  the  soil  improvement  project  or farmland improvement project for

  6  which a credit was allowed under this subsection, the taxpayer shall  be

  7  required  to  add  back in the taxable year in which the recapture event

  8  occurs the amount of credit allowed under this subsection.

  9    (B) For purposes of this paragraph, a "recapture event" means the land

 10  which is the  subject  of  the  soil  improvement  project  or  farmland

 11  improvement project is not used in agricultural production.

 12    § 8. This act shall take effect immediately and apply to taxable years

 13  beginning  on  or after January 1, 2002; provided that only expenditures

 14  incurred or paid on or after the date  this  act  takes  effect  may  be

 15  considered   for  purposes  of  computing  eligible  expenditures  under

 16  sections three and seven of this act; provided that section four of this

 17  act shall take effect on the same date as section  five  of  part  E  of

 18  chapter  63  of  the  laws  of  2000  takes effect; and provided further

 19  section five of this act shall take effect  on  the  same  date  as  the

 20  repeal  of  section 47 of part Y of chapter 63 of the laws of 2000 takes

 21  effect.

 22                                   PART D

 23  Section 1. Section 210 of the tax law is amended by adding a new  subdi-

 24  vision 34 to read as follows:

 25    34.  Qualified New York conservation contribution credit. (a) General.

 26  A taxpayer shall be allowed a credit,  to  be  computed  as  hereinafter

                                        77                         12026-02-1

  1  provided,  against  the  tax  imposed by this article, for qualified New

  2  York conservation contributions made during the taxable year.

  3    (b)  Qualified New York conservation contribution. The term "qualified

  4  New York  conservation  contribution"  means  a  qualified  conservation

  5  contribution  within  the  meaning of paragraph one of subsection (h) of

  6  section one hundred seventy of the internal revenue code, but only  with

  7  respect  to  a  qualified real property interest, as defined under para-

  8  graph two of such subsection (h),  which  is  located  within  New  York

  9  state.  Provided,  further,  that a qualified real property interest, as

 10  defined under subparagraph (C) of paragraph two of such subsection  (h),

 11  must  also meet the requirements of title three of article forty-nine of

 12  the environmental conservation law.

 13    (c) Amount of the credit. The amount of the credit  shall  be  twenty-

 14  five  percent of the amount of the taxpayer's qualified New York conser-

 15  vation contribution which qualifies for the deduction  for  the  taxable

 16  year under subsection (a) of section one hundred seventy of the internal

 17  revenue code (without regard to whether the taxpayer in fact claimed the

 18  deduction  under  such subsection (a) of section one hundred seventy for

 19  the taxable year), such deduction to be determined without regard to the

 20  limitations set forth in subsection (b) of section one hundred  seventy.

 21  The credit allowed to a taxpayer under this subdivision shall not exceed

 22  two hundred fifty thousand dollars with respect to any taxable year.

 23    (d) Carryovers. In no event shall the credit under this subdivision be

 24  allowed  in an amount which will reduce the tax payable to less than the

 25  higher of the amounts prescribed in paragraphs (c) and (d)  of  subdivi-

 26  sion one of this section. Provided, however, that if the amount of cred-

 27  it allowable under this subdivision for any taxable year reduces the tax

 28  to  such  amount,  any amount of credit not deducted from the taxpayer's

                                        78                         12026-02-1

  1  tax for such year may be carried over to the  five  taxable  years  next

  2  following  such taxable year and may be deducted from the taxpayer's tax

  3  for such year or years.

  4    §  2. Subparagraph (B) of paragraph 1 of subsection (i) of section 606

  5  of the tax law, as separately amended by section 4 of part I, section 47

  6  of part Y, section 4 of part CC, sections 4 and 15 of part GG, section 5

  7  of part II and section 3 of part E of chapter 63 of the laws of 2000, is

  8  amended to read as follows:

  9    (B) shall be treated as the owner of a new business  with  respect  to

 10  such  share  if  the corporation qualifies as a new business pursuant to

 11  paragraph (j) of subdivision twelve of section two hundred ten  of  this

 12  chapter,  unless  the  shareholder  has  previously received a refund by

 13  reason of the application of this subparagraph, or this subsection as it

 14  was in effect for taxable years beginning before nineteen hundred  nine-

 15  ty-four.

 16                                          The corporation's

 17  With respect to the                     credit base under

 18  following credit                        section two hundred ten

 19  under this section:                     or section fourteen

 20                                          hundred fifty-six of this

 21                                          chapter is:

 22  Investment tax credit                   Investment credit base

 23  under subsection (a)                    or qualified

 24                                          rehabilitation

 25                                          expenditures under

 26                                          subdivision twelve of

                                        79                         12026-02-1

  1                                          section two hundred ten

  2  Empire zone                             Cost or other basis

  3  investment tax credit                   under subdivision

  4  under subsection (j)                    twelve-B

  5                                          of section two hundred

  6                                          ten

  7  Empire zone                             Eligible wages under

  8  wage tax credit                         subdivision nineteen of

  9  under subsection (k)                    section two hundred ten

 10                                          or subsection (e) of

 11                                          section fourteen hundred

 12                                          fifty-six

 13  Empire zone                             Qualified investments

 14  capital tax credit                      and contributions under

 15  under subsection (1)                    subdivision twenty of

 16                                          section two hundred ten

 17                                          or subsection (d) of

 18                                          section fourteen hundred

 19                                          fifty-six

 20  Agricultural property tax               Allowable school

 21  credit under subsection (n)             district property taxes under

 22                                          subdivision twenty-two of

 23                                          section two hundred ten

                                        80                         12026-02-1

  1  Credit for employment                   Qualified first-year wages or

  2  of persons with dis-                    qualified second-year wages

  3  abilities under                         under subdivision

  4  subsection (o)                          twenty-three of section

  5                                          two hundred ten

  6                                          or subsection (f)

  7                                          of section fourteen

  8                                          hundred fifty-six

  9  Employment incentive                    Applicable investment credit

 10  credit under subsec-                    base under subdivision

 11  tion (a-1)                              twelve-D of section two

 12                                          hundred ten

 13  Empire zone                             Applicable investment

 14  employment                              credit under sub-

 15  incentive credit under                  division twelve-C

 16  subsection (j-1)

 17  Alternative fuels credit                Cost under subdivision

 18  under subsection (p)                    twenty-four of section two

 19                                          hundred ten

 20  Qualified emerging                      Applicable credit base

 21  technology company                      under subdivision twelve-E

 22  employment credit                       of section two hundred ten

 23  under subsection (q)

                                        81                         12026-02-1

  1  Qualified emerging                      Qualified investments under

  2  technology company                      subdivision twelve-F of

  3  capital tax credit                      section two hundred ten

  4  under subsection (r)

  5  Credit for purchase of an               Cost of an automated

  6  automated external defibrillator        external defibrillator under

  7  under subsection (s)                    subdivision twenty-five of

  8                                          section two hundred ten

  9                                          or subsection (j) of section

 10                                          fourteen hundred fifty-six

 11  Low-income housing                      Credit amount under

 12  credit under subsection (x)             subdivision thirty

 13                                          of section two hundred ten or

 14                                          subsection (1) of section

 15                                          fourteen hundred fifty-six

 16  Credit for transportation               Amount of credit under sub-

 17  improvement contributions               division thirty-two of section

 18  under subsection (z)                    two hundred ten or subsection

 19                                          (n) of section fourteen

 20                                          hundred fifty-six

 21  IMB credit for energy                   Amount of credit

 22  taxes under sub-                        under subdivision

 23  section (t-1)                           twenty-six-a of

 24                                          section two hundred ten

                                        82                         12026-02-1

  1  QEZE credit for real property           Amount of credit under

  2  taxes under subsection (bb)             subdivision twenty-seven of

  3                                          section two hundred ten or

  4                                          subsection (o) of section

  5                                          fourteen hundred fifty-six

  6  QEZE tax reduction credit               Amount of credit under

  7  under subsection (cc)                   subdivision twenty-eight of

  8                                          section two hundred ten or

  9                                          subsection (p) of section

 10                                          fourteen hundred fifty-six

 11  Green building credit                   Amount of green building credit

 12  under subsection (y)                    under subdivision thirty-one

 13                                          of section two hundred ten

 14                                          or subsection (m) of section

 15                                          fourteen hundred fifty-six

 16  Credit for long-term                    Qualified costs under

 17  care insurance premiums                 subdivision twenty-five-a of

 18  under subsection (aa)                   section two hundred ten

 19                                          or subsection (k) of section

 20                                          fourteen hundred fifty-six

 21  Qualified New York conservation         Amount of qualified conservation

 22  contribution credit under               contribution under subdivision

 23  subsection (gg)                         thirty-four of

 24                                          section two hundred ten

                                        83                         12026-02-1

  1    §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606

  2  of the tax law, as separately amended by section 4 of part I, section  4

  3  of  part  CC,  sections  4  and  15 of part GG, section 5 of part II and

  4  section 3 of part E of chapter 63 of the laws of  2000,  is  amended  to

  5  read as follows:

  6    (B)  shall  be  treated as the owner of a new business with respect to

  7  such share if the corporation qualifies as a new  business  pursuant  to

  8  paragraph  (j)  of subdivision twelve of section two hundred ten of this

  9  chapter, unless the shareholder has  previously  received  a  refund  by

 10  reason of the application of this subparagraph, or this subsection as it

 11  was  in effect for taxable years beginning before nineteen hundred nine-

 12  ty-four.

 13                                          The corporation's

 14  With respect to the                     credit base under

 15  following credit                        section two hundred ten

 16  under this section:                     or section fourteen

 17                                          hundred fifty-six of this

 18                                          chapter is:

 19  Investment tax credit                   Investment credit base

 20  under subsection (a)                    or qualified

 21                                          rehabilitation

 22                                          expenditures under

 23                                          subdivision twelve of

 24                                          section two hundred ten

 25  Empire zone                             Cost or other basis

                                        84                         12026-02-1

  1  investment tax credit                   under subdivision

  2  under subsection (j)                    twelve-B

  3                                          of section two hundred

  4                                          ten

  5  Empire zone                             Eligible wages under

  6  wage tax credit                         subdivision nineteen of

  7  under subsection (k)                    section two hundred ten

  8                                          or subsection (e) of

  9                                          section fourteen hundred

 10                                          fifty-six

 11  Empire zone                             Qualified investments

 12  capital tax credit                      and contributions under

 13  under subsection (1)                    subdivision twenty of

 14                                          section two hundred ten

 15                                          or subsection (d) of

 16                                          section fourteen hundred

 17                                          fifty-six

 18  Agricultural property tax               Allowable school

 19  credit under subsection (n)             district property taxes under

 20                                          subdivision twenty-two of

 21                                          section two hundred ten

 22  Credit for employment                   Qualified first-year wages or

 23  of persons with dis-                    qualified second-year wages

                                        85                         12026-02-1

  1  abilities under                         under subdivision

  2  subsection (o)                          twenty-three of section

  3                                          two hundred ten

  4                                          or subsection (f)

  5                                          of section fourteen

  6                                          hundred fifty-six

  7  Employment incentive                    Applicable investment credit

  8  credit under subsec-                    base under subdivision

  9  tion (a-1)                              twelve-D

 10  Empire zone                             Applicable investment

 11  employment                              credit under sub-

 12  incentive credit under                  division twelve-C

 13  subsection (j-1)

 14  Alternative fuels credit                Cost under subdivision

 15  under subsection (p)                    twenty-four

 16  Qualified emerging                      Applicable credit base

 17  technology company                      under subdivision twelve-E

 18  employment credit                       of section two hundred ten

 19  under subsection (q)

 20  Qualified emerging                      Qualified investments under

 21  technology company                      subdivision twelve-F of

 22  capital tax credit                      section two hundred ten

 23  under subsection (r)

                                        86                         12026-02-1

  1  Credit for purchase of an               Cost of an automated

  2  automated external defibrillator        external defibrillator under

  3  under subsection (s)                    subdivision twenty-five of

  4                                          section two hundred ten

  5                                          or subsection (j) of section

  6                                          fourteen hundred fifty-six

  7  Low-income housing                      Credit amount under

  8  credit under subsection (x)             subdivision thirty

  9                                          of section two hundred ten or

 10                                          subsection (1) of section

 11                                          fourteen hundred fifty-six

 12  Credit for transportation               Amount of credit under sub-

 13  improvement contributions               division thirty-two of section

 14  under subsection (z)                    two hundred ten or subsection

 15                                          (n) of section fourteen

 16                                          hundred fifty-six

 17  QEZE credit for real property           Amount of credit under

 18  taxes under subsection (bb)             subdivision twenty-seven of

 19                                          section two hundred ten or

 20                                          subsection (o) of section

 21                                          fourteen hundred fifty-six

 22  QEZE tax reduction credit               Amount of credit under

 23  under subsection (cc)                   subdivision twenty-eight of

 24                                          section two hundred ten or

                                        87                         12026-02-1

  1                                          subsection (p) of section

  2                                          fourteen hundred fifty-six

  3  Green building credit                   Amount of green building credit

  4  under subsection (y)                    under subdivision thirty-one

  5                                          of section two hundred ten

  6                                          or subsection (m) of section

  7                                          fourteen hundred fifty-six

  8  Credit for long-term                    Qualified costs under

  9  care insurance premiums                 subdivision twenty-five-a of

 10  under subsection (aa)                   section two hundred ten

 11                                          or subsection (k) of section

 12                                          fourteen hundred fifty-six

 13  Qualified New York conservation         Amount of qualified conservation

 14  contribution credit under               contribution under subdivision

 15  subsection (gg)                         thirty-four of section two

 16                                          hundred ten

 17    §  4. Section 606 of the tax law is amended by adding a new subsection

 18  (gg) to read as follows:

 19    (gg) Qualified New York conservation contribution credit.  (1)  Gener-

 20  al.  A taxpayer shall be allowed a credit, to be computed as hereinafter

 21  provided,  against  the  tax  imposed by this article, for qualified New

 22  York conservation contributions made during the taxable year.

 23    (2) Qualified New York conservation contribution. The term  "qualified

 24  New  York  conservation  contribution"  means  a  qualified conservation

 25  contribution within the meaning of paragraph one of  subsection  (h)  of

                                        88                         12026-02-1

  1  section  one hundred seventy of the internal revenue code, but only with

  2  respect to a qualified real property interest, as  defined  under  para-

  3  graph  two  of  such  subsection  (h),  which is located within New York

  4  state.  Provided,  further,  that a qualified real property interest, as

  5  defined under subparagraph (C) of paragraph two of such subsection  (h),

  6  must  also meet the requirements of title three of article forty-nine of

  7  the environmental conservation law.

  8    (3) Amount of the credit. The amount of the credit  shall  be  twenty-

  9  five  percent of the amount of the taxpayer's qualified New York conser-

 10  vation contribution which qualifies for the deduction  for  the  taxable

 11  year under subsection (a) of section one hundred seventy of the internal

 12  revenue code (without regard to whether the taxpayer in fact claimed the

 13  deduction  under  such subsection (a) of section one hundred seventy for

 14  the taxable year), such deduction to be determined without regard to the

 15  limitations set forth in subsection (b) of section one hundred  seventy.

 16  The  credit allowed to a taxpayer under this subsection shall not exceed

 17  two hundred fifty thousand dollars with respect to any taxable year.

 18    (4) Carryovers. If the amount of credit allowed under this  subsection

 19  for  any taxable year shall exceed the taxpayer's tax for such year, the

 20  excess may be carried over to the five taxable years next following such

 21  taxable year and may be deducted from the taxpayer's tax for  such  year

 22  or years.

 23    (5) Husband and wife. In the case of a husband and wife, the amount of

 24  the credit shall be divided between them equally or in such other manner

 25  as they may both elect.

 26    § 5. This act shall take effect immediately and shall apply to taxable

 27  years  beginning  on  and  after  January 1, 2002; provided however that

 28  section two of this act shall take effect on the same date as section  3

                                        89                         12026-02-1

  1  of  part E of chapter 63 of the laws of 2000 takes effect; and provided,

  2  further that section three of this act shall take  effect  on  the  same

  3  date  as the repeal of section 47 of part Y of chapter 63 of the laws of

  4  2000.

  5                                   PART E

  6    Section  1.  Section  606  of  the  tax law is amended by adding a new

  7  subsection (ii) to read as follows:

  8    (ii) Historic homeownership  rehabilitation  credit.  (1)  A  taxpayer

  9  shall  be  allowed  a  credit,  to  be computed as hereinafter provided,

 10  against the tax imposed by this article. The amount of the credit  shall

 11  be equal to either fifteen or twenty-five percent of the qualified reha-

 12  bilitation expenditures made by the taxpayer with respect to a qualified

 13  historic  home  and  may  be  allowed  in the taxable year in which such

 14  expenditures are made.

 15    (A) A credit in the amount of fifteen percent  shall  be  allowed  for

 16  qualified rehabilitation expenditures if only the exterior work has been

 17  approved  by a local landmark commission established pursuant to section

 18  ninety-six-a or one hundred nineteen-dd of the general municipal law  or

 19  by the office of parks, recreation and historic preservation.

 20    (B) A credit in the amount of twenty-five percent shall be allowed for

 21  qualified  rehabilitation  expenditures  that  have been approved by the

 22  office of parks, recreation and historic  preservation  or  by  a  local

 23  government  certified  pursuant  to  section  101(c)(1)  of the national

 24  historic preservation act. Under this subparagraph, approval  is  neces-

 25  sary  for  the qualified rehabilitation expenditures related to both the

                                        90                         12026-02-1

  1  exterior work on the qualified historic home and interior work affecting

  2  primary significant historic spaces of the qualified historic home.

  3    (C)  With  respect  to  any  particular  residence of a taxpayer, that

  4  taxpayer shall be allowed either the credit provided for in subparagraph

  5  (A) or (B) of this paragraph, but not both credits.

  6    (2) (A) With respect to any particular residence of  a  taxpayer,  the

  7  credit  allowed under either subparagraph (A) or (B) of paragraph one of

  8  this subsection shall not exceed fifty thousand dollars. In the case  of

  9  a  husband  and  wife, the amount of the credit shall be divided between

 10  them equally or in such other manner as they  may  both  elect.    If  a

 11  taxpayer  incurs  qualified  rehabilitation  expenditures in relation to

 12  more than one residence in the same year, the  total  amount  of  credit

 13  allowed  under  either  subparagraph (A) or (B) of paragraph one of this

 14  subsection for all such expenditures shall  not  exceed  fifty  thousand

 15  dollars.

 16    (B)  If  the  credit  allowed  under either subparagraph (A) or (B) of

 17  paragraph one of this  subsection  for  any  taxable  year  exceeds  the

 18  taxpayer's tax for such year, the excess shall be treated as an overpay-

 19  ment of tax to be credited or refunded in accordance with the provisions

 20  of  section  six  hundred eighty-six of this article, provided, however,

 21  that no interest shall be paid thereon.

 22    (3)(A) The term  "qualified  rehabilitation  expenditure"  means,  for

 23  purposes of this subsection, any amount properly chargeable to a capital

 24  account:

 25    (i)  in  connection  with  the certified rehabilitation of a qualified

 26  historic home, and

                                        91                         12026-02-1

  1    (ii) for property for which  depreciation  would  be  allowable  under

  2  section  168 of the internal revenue code if the qualified historic home

  3  were used in a trade or business.

  4    (B) Such term shall not include (i) the cost of acquiring any building

  5  or  interest  therein, (ii) any expenditure attributable to the enlarge-

  6  ment of an existing building, or (iii) any  expenditure  made  prior  to

  7  January first, two thousand two.

  8    (C) Such term shall not include any expenditure in connection with the

  9  rehabilitation of a qualified historic home unless at least five percent

 10  of the total expenditures made in the rehabilitation process are alloca-

 11  ble to the rehabilitation of the exterior of such building.

 12    (D)  If  only  a  portion  of a building is used as a residence of the

 13  taxpayer, only qualified rehabilitation expenditures which are  properly

 14  allocable  to such residential portion shall be taken into account under

 15  this subsection.

 16    (4)(A) The term "certified rehabilitation" means, for purposes of this

 17  subsection, any rehabilitation of a certified historic  structure  which

 18  has  been  approved and certified as being consistent with the standards

 19  established by the commissioner of parks, recreation and historic  pres-

 20  ervation  for  rehabilitation  by  the  office  of parks, recreation and

 21  historic preservation, a local government certified pursuant to  section

 22  101 (c)(1) of the national historic preservation act or a local landmark

 23  commission  established  pursuant to section ninety-six-a or one hundred

 24  nineteen-dd of the general municipal law.

 25    (B) A certified rehabilitation shall require:

 26    (i) an initial certification that the structure meets  the  definition

 27  of the term "certified historic structure";

                                        92                         12026-02-1

  1    (ii)  a  second  certification,  to  be  issued prior to construction,

  2  certifying that the proposed  rehabilitation  work  is  consistent  with

  3  standards  established  by  the  commissioner  of  parks, recreation and

  4  historic preservation for rehabilitation; and

  5    (iii)  a  final  certification  issued when construction is completed,

  6  certifying that the work was completed as proposed and  that  the  costs

  7  are  consistent  with the work completed. Such final certification shall

  8  be  acceptable  as  proof  that  the  expenditures   related   to   such

  9  construction   qualify  as  qualified  rehabilitation  expenditures  for

 10  purposes of the credit allowed under either subparagraph (A) or  (B)  of

 11  paragraph one of this subsection.

 12    (5)(A)  The term "qualified historic home" means, for purposes of this

 13  subsection, a certified  historic  structure  located  within  New  York

 14  state:

 15    (i) which has been substantially rehabilitated,

 16    (ii)  which,  or  any portion of which, is owned, in whole or part, by

 17  the taxpayer, and

 18    (iii) in which the taxpayer resides during the taxable year  in  which

 19  the taxpayer is allowed a credit under this subsection.

 20    (B) A building shall be treated as having been "substantially rehabil-

 21  itated" if the qualified rehabilitation expenditures in relation to such

 22  building total twenty thousand dollars or more.  However, in the case of

 23  a  building  any  part  of which is a targeted area residence within the

 24  meaning of section 143(j)(1) of the internal revenue code, or  which  is

 25  located  within  a state empire zone designated under article eighteen-B

 26  of the general municipal law, such building shall be treated  as  having

 27  been  "substantially  rehabilitated"  if  the  qualified  rehabilitation

                                        93                         12026-02-1

  1  expenditures in relation to such building total five thousand dollars or

  2  more.

  3    (6)  The  term  "certified  historic structure" means, for purposes of

  4  this subsection, any building (and its structural components) which

  5    (i) is listed in the state or national register of historic places or,

  6    (ii) is located in a registered historic district and is certified  as

  7  being of historic significance to the district.

  8    (7)  If  the taxpayer holds stock as a tenant-shareholder in a cooper-

  9  ative housing corporation, such taxpayer shall be treated as owning  the

 10  house  or  apartment  which  the  taxpayer is entitled to occupy as such

 11  shareholder.

 12    (8)(A) A percentage of the total expenditures made  in  the  rehabili-

 13  tation of the exterior of a building containing cooperative or condomin-

 14  ium  dwelling  units  shall  be  attributed to each such unit within the

 15  building based on the percentage of space each such unit occupies within

 16  the building.

 17    (B) In the case of a building where less than the entire  building  is

 18  used  as  a  residence  of  the  taxpayer, only the portion of the total

 19  expenditures made in the rehabilitation of the building that is  attrib-

 20  utable  to  the  residence of the taxpayer shall be treated as qualified

 21  rehabilitation expenditures for the purposes of this subsection.

 22    (C) In the case of a building that is owned by and is a  residence  of

 23  two  or  more persons, other than a husband and wife, the portion of the

 24  total expenditures made in the rehabilitation of the  building  that  is

 25  attributable  to each taxpayer shall be equal to the taxpayer's share of

 26  ownership in such building.

 27    (9) In the case of a building other than a building to which paragraph

 28  ten of this subsection applies,  qualified  rehabilitation  expenditures

                                        94                         12026-02-1

  1  shall  be treated for purposes of this subsection as made on the date of

  2  the final certification referred to in clause (iii) of subparagraph  (B)

  3  of paragraph four of this subsection.

  4    (10)(A)  In  the  case  of  a  purchased  qualified historic home, the

  5  taxpayer shall be treated as having made, on the date of  purchase,  the

  6  qualified  rehabilitation  expenditures made by the seller of such home.

  7  For purposes of this subsection, expenditures made by the  seller  shall

  8  be deemed qualified rehabilitation expenditures if such expenditures, if

  9  made by the purchaser, would have so qualified.

 10    (B)  The  term "purchased qualified historic home" means any qualified

 11  historic home purchased by the taxpayer if:

 12    (i) the taxpayer is the first purchaser of such home after the date of

 13  the final certification referred to in clause (iii) of subparagraph  (B)

 14  of  paragraph  four  of  this subsection, and the purchase occurs within

 15  five years after such date,

 16    (ii) the taxpayer, during the taxable year in which  the  taxpayer  is

 17  allowed a credit under this subsection, resides in such home,

 18    (iii)  no  credit was allowed to the seller under this subsection with

 19  respect to such rehabilitation, and

 20    (iv) the taxpayer is furnished with such information  as  the  commis-

 21  sioner  determines  is  necessary  to  determine  any  credit under this

 22  subsection.

 23    (11)(A) If, before the end of the two-year period beginning either  on

 24  the  date  of  the  final  certification  referred to in clause (iii) of

 25  subparagraph (B) of paragraph four of this subsection or,  if  paragraph

 26  ten of this subsection applies, on the date of purchase of such building

 27  by  the  taxpayer,  the taxpayer disposes of such taxpayer's interest in

 28  such building, or such building ceases to be used as a residence of  the

                                        95                         12026-02-1

  1  taxpayer,  the  taxpayer's  tax  imposed by this article for the taxable

  2  year in which such disposition or cessation occurs shall be increased by

  3  the recapture portion of the credit allowed under  this  subsection  for

  4  all prior taxable years with respect to such rehabilitation.

  5    (B)  For purposes of subparagraph (A) of this paragraph, the recapture

  6  portion shall be the product of the amount  of  credit  claimed  by  the

  7  taxpayer multiplied by a ratio, the numerator of which is equal to twen-

  8  ty-four less the number of months the building is used as the taxpayer's

  9  residence and the denominator of which is twenty-four.

 10    (12) Nothing contained in this subsection shall be construed to impose

 11  a  duty upon a local landmark commission established pursuant to section

 12  ninety-six-a or one hundred nineteen-dd of the general municipal law  or

 13  a  local  government  certified  pursuant  to  section  101(c)(1) of the

 14  national historic preservation act to undertake any review  or  approval

 15  of an application for the certification of the rehabilitation of histor-

 16  ic  structures  and  of rehabilitation expenditures provided for in this

 17  subsection.

 18    § 2. Section 13.15 of the parks, recreation and historic  preservation

 19  law is amended by adding a new subdivision 6 to read as follows:

 20    6.  The  office  may  establish  a  fee or fees for its processing and

 21  review of applications for the certification of  the  rehabilitation  of

 22  historic  buildings  and the approval of rehabilitation expenditures and

 23  related work pursuant to subsection (ii) of section six hundred  six  of

 24  the  tax  law.  All  revenues  from these fees shall be deposited by the

 25  comptroller in the miscellaneous special revenue fund to be credited  to

 26  the  agency's  patron  services account and shall be used to support the

 27  office's historic preservation  program.  Nothing  in  this  subdivision

 28  shall  be  construed to limit the ability of a local landmark commission

                                        96                         12026-02-1

  1  established pursuant to section ninety-six-a or one hundred  nineteen-dd

  2  of the general municipal law or a local government certified pursuant to

  3  section 101(c)(1) of the national historic preservation act to establish

  4  and  charge  fees  for its processing and review of applications for the

  5  certification of  the  rehabilitation  of  historic  buildings  and  the

  6  approval of rehabilitation expenditures.

  7    § 3. This act shall take effect immediately and shall apply to taxable

  8  years beginning on or after January 1, 2002.

  9                                   PART F

 10  Section  1.  Subdivision  4  of section 22 of the public housing law, as

 11  added by section 1 of part CC of chapter 63 of  the  laws  of  2000,  is

 12  amended to read as follows:

 13    4.  Statewide  limitation. The aggregate dollar amount of credit which

 14  the commissioner may allocate to  eligible  low-income  buildings  under

 15  this  article  shall  be   two   four  million  dollars.  The limitation

 16  provided by this subdivision applies only to allocation of the aggregate

 17  dollar amount of credit by the  commissioner,  and  does  not  apply  to

 18  allowance  to  a taxpayer of the credit with respect to an eligible low-

 19  income building for each year of the credit period.

 20    § 2. This act shall take effect immediately.

 21                                   PART G

 22    Section 1. Paragraph (e) of subdivision 12 of section 210 of  the  tax

 23  law,  as  amended  by  section 9 of part M of chapter 407 of the laws of

 24  1999, is amended to read as follows:

                                        97                         12026-02-1

  1    (e) (1) Except as otherwise provided in  this  paragraph,  the  credit

  2  allowed under this subdivision for any taxable year shall not reduce the

  3  tax  due for such year to less than the higher of the amounts prescribed

  4  in paragraphs (c) and (d) of subdivision one of this  section.  However,

  5  if the amount of credit allowable under this subdivision for any taxable

  6  year  reduces the tax to such amount, any amount of credit allowed for a

  7  taxable year commencing prior to January first, nineteen hundred  eight-

  8  y-seven  and  not deductible in such taxable year may be carried over to

  9  the following year or years and may be deducted from the taxpayer's  tax

 10  for such year or years but in no event shall such credit be carried over

 11  to taxable years commencing on or after January first, two thousand two,

 12  and  any  amount  of  credit allowed for a taxable year commencing on or

 13  after January first, nineteen hundred eighty-seven and not deductible in

 14  such year may be carried over to the fifteen taxable years next  follow-

 15  ing  such  taxable  year and may be deducted from the taxpayer's tax for

 16  such year or years. In lieu of such carryover, any such  taxpayer  which

 17  qualifies  as a new business under paragraph (j) of this subdivision may

 18  elect to treat the amount of such carryover as an overpayment of tax  to

 19  be credited or refunded in accordance with the provisions of section ten

 20  hundred eighty-six of this chapter, provided, however, the provisions of

 21  subsection  (c)  of  section  ten  hundred  eighty-eight of this chapter

 22  notwithstanding, no interest shall be paid thereon.

 23    (2)(i) Notwithstanding the provisions  of  subparagraph  one  of  this

 24  paragraph,  a  biotechnology  company, as such term is defined in clause

 25  (ii) of this subparagraph, which does not  qualify  as  a  new  business

 26  under  paragraph  (j) of this subdivision, may elect to treat the amount

 27  of such carryover referred to in subparagraph one of this  paragraph  as

 28  an  overpayment of tax to be credited or refunded in accordance with the

                                        98                         12026-02-1

  1  provisions of section ten hundred eighty-six of this chapter.  Provided,

  2  however,  no  interest shall be paid on such refund, notwithstanding the

  3  provisions of subsection (c) of section ten hundred eighty-eight of this

  4  chapter.

  5    (ii) For purposes of this subparagraph, the term "biotechnology compa-

  6  ny" means a taxpayer satisfying the requirements set forth in items (A),

  7  (B) and (C) of this clause.

  8    (A)  Such  taxpayer  is  primarily engaged in the business of applying

  9  technologies such as recombinant DNA techniques, biochemistry, molecular

 10  and cellular biology, genetics and genetic engineering, biological  cell

 11  fusion  techniques,  and  new  bioprocesses,  using living organisms, or

 12  parts of organisms, to produce or modify products, to improve plants  or

 13  animals,  to  develop  microorganisms  for  specific  uses,  to identify

 14  targets for  pharmaceutical  development,  or  to  transform  biological

 15  systems  into useful processes and products or to develop microorganisms

 16  for specific uses.

 17    (B) Over fifty percent of the voting stock of  such  taxpayer  is  not

 18  owned  or controlled, directly or indirectly, by a single corporation, a

 19  single partnership or a single limited liability company.  For  purposes

 20  of  this  item, voting stock means shares of stock entitling the holders

 21  thereof to vote for the election of directors or trustees.

 22    (C) The average number of employees within the state,  except  general

 23  executive  officers,  of such taxpayer during the taxable year for which

 24  such refund or credit of such carryover is  claimed  is  less  than  one

 25  hundred.  For  purposes  of this item, such average shall be computed by

 26  ascertaining the number of employees within the  state,  except  general

 27  executive  officers, employed by the taxpayer on the thirty-first day of

 28  March, the thirtieth day of June, the thirtieth day of September and the

                                        99                         12026-02-1

  1  thirty-first day of December in such taxable year,  by  adding  together

  2  the  number  of employees ascertained on each of such dates and dividing

  3  the sum so obtained by the number of such above mentioned  dates  occur-

  4  ring  within  such  taxable  year.  For  purposes of this item, the term

  5  "employees within the state, except general  executive  officers"  shall

  6  have  the  same meaning as it has in subparagraph three of paragraph (a)

  7  of subdivision three of this section.

  8    § 2. This act shall take effect immediately and shall apply to taxable

  9  years beginning on or after January 1, 2002.

 10                                   PART H

 11    Section 1. Notwithstanding any other law, rule or  regulation  to  the

 12  contrary,  the  comptroller is hereby authorized and directed to deposit

 13  in equal monthly installments the amounts listed below to the credit  of

 14  the  dedicated  highway  and  bridge trust fund from taxes now deposited

 15  into the general fund pursuant to the  provisions  of  the  vehicle  and

 16  traffic  law:  one hundred sixty-nine million dollars from April 1, 2001

 17  through March 31, 2002; one  hundred  seventy-one  million  six  hundred

 18  thousand  dollars  from  April  1,  2002 through March 31, 2003; and one

 19  hundred fifty-two million seven hundred thousand dollars from  April  1,

 20  2003 through March 31, 2004.

 21    § 2. This act shall take effect April 1, 2001.

 22                                   PART I

 23    Section  1.  Subdivision 1 of section 183-a of the tax law, as amended

 24  by chapter 59 of the laws of 1997, is amended to read as follows:

                                        100                        12026-02-1

  1    1. The term "corporation" as used in this  section  shall  include  an

  2  association,  within the meaning of paragraph three of subsection (a) of

  3  section seventy-seven hundred one of the internal revenue code  (includ-

  4  ing  a limited liability company), a publicly traded partnership treated

  5  as  a  corporation for purposes of the internal revenue code pursuant to

  6  section seventy-seven hundred four thereof and any business conducted by

  7  a trustee or trustees wherein interest  or  ownership  is  evidenced  by

  8  certificates  or  other  written  instruments. Every corporation, joint-

  9  stock company or association formed for or principally  engaged  in  the

 10  conduct  of  canal,  steamboat,  ferry (except a ferry company operating

 11  between any of the boroughs of the city of New York under a lease grant-

 12  ed by the city),  express,  navigation,  pipe  line,  transfer,  baggage

 13  express,  omnibus,  taxicab, telegraph, or telephone business, or formed

 14  for or principally engaged in the conduct of  two  or  more  such  busi-

 15  nesses, and every corporation, joint-stock company or association formed

 16  for  or  principally  engaged  in the conduct of a railroad, palace car,

 17  sleeping car or trucking business or formed for or  principally  engaged

 18  in  the  conduct of two or more of such businesses and which has made an

 19  election pursuant to subdivision ten of section one hundred eighty-three

 20  of this article, and every other  corporation,  joint-stock  company  or

 21  association  principally  engaged  in the conduct of a transportation or

 22  transmission business, except  a  corporation,  joint-stock  company  or

 23  association  formed for or principally engaged in the conduct of a rail-

 24  road, palace car, sleeping car or trucking business  or  formed  for  or

 25  principally engaged in the conduct of two or more of such businesses and

 26  which  has  not  made  the  election  provided for in subdivision ten of

 27  section one hundred eighty-three of this article, and  except  a  corpo-

 28  ration,  joint-stock  company  or association principally engaged in the

                                        101                        12026-02-1

  1  conduct of aviation (including air freight forwarders acting as  princi-

  2  pal and like indirect air carriers) and except a corporation principally

  3  engaged  in  providing  telecommunication  services between aircraft and

  4  dispatcher,  aircraft  and  air  traffic  control  or ground station and

  5  ground station (or any combination of the foregoing),  at  least  ninety

  6  percent  of  the voting stock of which corporation is owned, directly or

  7  indirectly, by air carriers and which corporation's  principal  function

  8  is  to  fulfill  the  requirements  of (i) the federal aviation adminis-

  9  tration (or the successor  thereto)  or  (ii)  the  international  civil

 10  aviation organization (or the successor thereto), relating to the exist-

 11  ence of a communication system between aircraft and dispatcher, aircraft

 12  and  air  traffic  control  or ground station and ground station (or any

 13  combination of the foregoing) for the purposes of air safety and naviga-

 14  tion and except a corporation, joint-stock company or association  which

 15  is liable to taxation under section one hundred eighty-six of this arti-

 16  cle  or  article thirty-two of this chapter, shall pay for the privilege

 17  of exercising its corporate franchise,  or  of  doing  business,  or  of

 18  employing  capital, or of owning or leasing property in the metropolitan

 19  commuter transportation district in such corporate or organized  capaci-

 20  ty,  or  of  maintaining an office in such district, a tax surcharge for

 21  all or any part of its years commencing on or after January first, nine-

 22  teen hundred eighty-two but ending  before  December  thirty-first,  two

 23  thousand  one  five, which tax surcharge, in addition to the tax imposed

 24  by  section  one hundred eighty-three of this article, shall be computed

 25  at the rate of eighteen per centum of the tax imposed under such section

 26  one hundred eighty-three for such years or any part of such years ending

 27  before December thirty-first, nineteen hundred  eighty-three  after  the

 28  deduction  of any credits otherwise allowable under this article, and at

                                        102                        12026-02-1

  1  the rate of seventeen per centum of the tax imposed under  such  section

  2  for  such  years  or  any part of such years ending on or after December

  3  thirty-first, nineteen hundred eighty-three after the deduction  of  any

  4  credits  otherwise allowable under this article; provided, however, that

  5  such rates of tax surcharge shall be applied only to that portion of the

  6  tax imposed under section one hundred eighty-three of this article after

  7  the deduction of any credits  otherwise  allowable  under  this  article

  8  which  is  attributable  to  the taxpayer's business activity carried on

  9  within the metropolitan commuter transportation district  as  so  deter-

 10  mined  in the manner prescribed by the rules and regulations promulgated

 11  by the commissioner; and  provided,  further,  that  the  tax  surcharge

 12  imposed  by this section shall not be imposed upon any taxpayer for more

 13  than two hundred  twenty-eight  seventy-six months.

 14    § 2. Subdivision 1 of section 184-a of the  tax  law,  as  amended  by

 15  section  120 of part A of chapter 389 of the laws of 1997, is amended to

 16  read as follows:

 17    1. The term "corporation" as used in this  section  shall  include  an

 18  association,  within the meaning of paragraph three of subsection (a) of

 19  section seventy-seven hundred one of the internal revenue code  (includ-

 20  ing  a  limited  liability  company),  and a publicly traded partnership

 21  treated as a corporation for  purposes  of  the  internal  revenue  code

 22  pursuant  to  section  seventy-seven  hundred four thereof. Every corpo-

 23  ration, joint-stock company or association  formed  for  or  principally

 24  engaged in the conduct of canal, steamboat, ferry (except a ferry compa-

 25  ny operating between any of the boroughs of the city of New York under a

 26  lease  granted  by  the city), express, navigation, pipe line, transfer,

 27  baggage express, omnibus, taxicab, telegraph or  local  telephone  busi-

 28  ness, or formed for or principally engaged in the conduct of two or more

                                        103                        12026-02-1

  1  such  businesses,  and every corporation, joint-stock company or associ-

  2  ation formed for or principally engaged in  the  conduct  of  a  surface

  3  railroad,  whether  or  not operated by steam, subway railroad, elevated

  4  railroad,  palace  car, sleeping car or trucking business or principally

  5  engaged in the conduct of two or more such businesses and which has made

  6  an election pursuant to subdivision ten of section one  hundred  eighty-

  7  three  of this article, and every other corporation, joint-stock company

  8  or association formed for or principally engaged in  the  conduct  of  a

  9  transportation  or  transmission  business (other than a telephone busi-

 10  ness) except a corporation, joint-stock company  or  association  formed

 11  for or principally engaged in the conduct of a surface railroad, whether

 12  or  not  operated  by  steam, subway railroad, elevated railroad, palace

 13  car, sleeping car or trucking business or  principally  engaged  in  the

 14  conduct  of  two  or  more  such  businesses  and which has not made the

 15  election provided for in subdivision ten of section one hundred  eighty-

 16  three  of this article, and except a corporation, joint-stock company or

 17  association principally engaged in the conduct  of  aviation  (including

 18  air  freight forwarders acting as principal and like indirect air carri-

 19  ers) and except a corporation principally engaged in providing  telecom-

 20  munication  services  between  aircraft and dispatcher, aircraft and air

 21  traffic control or ground station and ground station (or any combination

 22  of the foregoing), at least ninety percent of the voting stock of  which

 23  corporation  is owned, directly or indirectly, by air carriers and which

 24  corporation's principal function is to fulfill the requirements  of  (i)

 25  the  federal  aviation administration (or the successor thereto) or (ii)

 26  the international civil aviation organization (or the  successor  there-

 27  to),  relating  to  the  existence  of  a  communication  system between

 28  aircraft and dispatcher, aircraft and  air  traffic  control  or  ground

                                        104                        12026-02-1

  1  station and ground station (or any combination of the foregoing) for the

  2  purposes  of  air safety and navigation and except a corporation, joint-

  3  stock company or association which is liable to taxation  under  section

  4  one  hundred  eighty-six  of  this article or article thirty-two of this

  5  chapter, shall pay for the privilege of exercising its  corporate  fran-

  6  chise,  or  of  doing business, or of employing capital, or of owning or

  7  leasing property in the metropolitan commuter transportation district in

  8  such corporate or organized capacity, or of  maintaining  an  office  in

  9  such  district, a tax surcharge for all or any part of its taxable years

 10  commencing on or after January first, nineteen hundred  eighty-two,  but

 11  ending  before December thirty-first, two thousand  one  five, which tax

 12  surcharge, in addition to the tax imposed by section one hundred  eight-

 13  y-four  of  this  article, shall be computed at the rate of eighteen per

 14  centum of the tax imposed under such section one hundred eighty-four for

 15  such taxable years or any part  of  such  taxable  years  ending  before

 16  December thirty-first, nineteen hundred eighty-three after the deduction

 17  of  any  credits otherwise allowable under this article, and at the rate

 18  of seventeen per centum of the tax imposed under such section  for  such

 19  taxable  years  or  any  part  of  such taxable years ending on or after

 20  December thirty-first, nineteen hundred eighty-three after the deduction

 21  of any credits otherwise allowable under this article; provided,  howev-

 22  er,  that  such  rates  of  tax  surcharge shall be applied only to that

 23  portion of the tax imposed under section one hundred eighty-four of this

 24  article after the deduction of any  credits  otherwise  allowable  under

 25  this  article  which is attributable to the taxpayer's business activity

 26  carried on within the metropolitan commuter transportation district; and

 27  provided, further, that the tax surcharge imposed  by  this  section  on

 28  corporations, joint-stock companies and associations formed for or prin-

                                        105                        12026-02-1

  1  cipally  engaged in the conduct of telephone or telegraph business shall

  2  be computed in accordance with this subdivision  and  paragraph  (c)  of

  3  subdivision  two  of  this  section  as if the three-quarters of one per

  4  centum  rate  of  tax  provided  for  in  subdivision one of section one

  5  hundred eighty-four of this article were applicable  to  such  telephone

  6  and  telegraph businesses for taxable years commencing on or after Janu-

  7  ary first, nineteen hundred eighty-five and ending on or before December

  8  thirty-first, nineteen hundred eighty-nine; and provided, further,  that

  9  the  tax surcharge imposed by this section shall not be imposed upon any

 10  taxpayer for more than two hundred   twenty-eight   seventy-six  months.

 11  Provided,  however, that for taxable years beginning in two thousand and

 12  thereafter, for purposes of  this  subdivision  the  tax  imposed  under

 13  section  one hundred eighty-four of this article shall be deemed to have

 14  been imposed at the rate of three-quarters of one percent,  except  that

 15  in  the  case of a corporation, joint-stock company or association which

 16  has made an election pursuant to subdivision ten of section one  hundred

 17  eighty-three  of  this article, for purposes of this subdivision the tax

 18  imposed under section one hundred eighty-four of this article  shall  be

 19  deemed to have been imposed at the rate of  six-tenths of one percent.

 20    The  term  "local  telephone  business" shall have the same meaning as

 21  such term is used in section one hundred eighty-four  of  this  article.

 22  The term "telecommunication services" shall have the meaning ascribed to

 23  such term in section one hundred eighty-six-e of this article.

 24    §  3.  Subdivision  1  of  section 186-c of the tax law, as amended by

 25  section 123 of part A of chapter 389 of the laws of 1997, and  paragraph

 26  (a) as amended by section 5 of part Y of chapter 63 of the laws of 2000,

 27  is amended to read as follows:

                                        106                        12026-02-1

  1    1.  (a)  (1) Every utility doing business in the metropolitan commuter

  2  transportation district shall pay a tax surcharge, in  addition  to  the

  3  tax imposed by section one hundred eighty-six-a of this article, for all

  4  or  any parts of its taxable years commencing on or after January first,

  5  nineteen hundred eighty-two but ending before December thirty-first, two

  6  thousand   one   five, to be computed at the rate of eighteen per centum

  7  of the tax imposed under section one hundred eighty-six-a of this  arti-

  8  cle  for  such  taxable  years  or any part of such taxable years ending

  9  before December thirty-first, nineteen hundred  eighty-three  after  the

 10  deduction  of any credits otherwise allowable under this article, and at

 11  the rate of seventeen per centum of the tax imposed under  such  section

 12  for  such  taxable  years or any part of such taxable years ending on or

 13  after December thirty-first, nineteen  hundred  eighty-three  after  the

 14  deduction  of  credits otherwise allowable under this article except any

 15  utility credit provided for  by  article  thirteen-A  of  this  chapter;

 16  provided,  however,  that  such  rates of tax surcharge shall be applied

 17  only to that portion of the tax imposed under section one hundred eight-

 18  y-six-a of this article after the deduction of credits otherwise  allow-

 19  able under this article, except any utility credit provided for by arti-

 20  cle  thirteen-A of this chapter, which is attributable to the taxpayer's

 21  gross income or gross operating income from business activity carried on

 22  within the metropolitan commuter transportation district; and  provided,

 23  further,  that  the  tax  surcharge imposed by this section shall not be

 24  imposed upon any taxpayer  for  more  than  two  hundred   twenty-eight 

 25  seventy-six months.

 26    (2)  Provided however, that commencing January first, two thousand, in

 27  the case of the tax imposed under paragraph (a) of  subdivision  one  of

 28  section  one hundred eighty-six-a of this article (relating to providers

                                        107                        12026-02-1

  1  of telecommunications services) such tax surcharge shall  be  calculated

  2  as  if  the  tax  imposed under section one hundred eighty-six-a of this

  3  article were imposed at a rate of three and one-half percent.

  4    (b)  In  addition  to the surcharge imposed by subdivision (a) of this

  5  section, there is hereby imposed a surcharge on the gross receipts  from

  6  telecommunication  services relating to the metropolitan commuter trans-

  7  portation district at the rate of seventeen percent  of  the  state  tax

  8  rate  under  section one hundred eighty-six-e of this article for all or

  9  part of taxable years commencing on and after  January  first,  nineteen

 10  hundred  ninety-five  but ending before December thirty-first, two thou-

 11  sand  one  five. All the definitions and other provisions of section one

 12  hundred eighty-six-e of this article shall apply to the tax  imposed  by

 13  this paragraph with such modification and limitation as may be necessary

 14  (including  substituting the words "metropolitan commuter transportation

 15  district" for "state" where appropriate) in order to adapt the  language

 16  of  such  section  one  hundred  eighty-six-e  of  this  article  to the

 17  surcharge imposed by this paragraph within  such  metropolitan  commuter

 18  transportation district so as to include (1) any intra-district telecom-

 19  munication  services,  (2) any inter-district telecommunication services

 20  which originate or terminate in such  district  and  are  charged  to  a

 21  service address therein regardless of where the amounts charged for such

 22  services  are  billed or ultimately paid, and (3) as apportioned to such

 23  district, private telecommunication services. Provided however, commenc-

 24  ing October first, nineteen  hundred  ninety-eight  such  tax  surcharge

 25  shall  be  calculated  as  if  the tax imposed under section one hundred

 26  eighty-six-e of this article were imposed at a rate of  three  and  one-

 27  half percent.

                                        108                        12026-02-1

  1    §  4.  Subdivision  1  of  section 189-a of the tax law, as amended by

  2  chapter 59 of the laws of 1997, is amended to read as follows:

  3    1.  Every gas importer importing or causing gas service to be imported

  4  into the state for its own use or consumption in the metropolitan commu-

  5  ter transportation district shall pay a tax surcharge,  in  addition  to

  6  the  tax imposed by section one hundred eighty-nine of this article, for

  7  all or any part of its taxable months  commencing  on  or  after  August

  8  first,  nineteen hundred ninety-one and ending on or before June thirti-

  9  eth, two thousand  one  five, to be computed at the  rate  of  seventeen

 10  percent  of  the  tax  imposed  under  such  section with respect to gas

 11  service imported or caused to be imported into the state for consumption

 12  in the metropolitan commuter transportation district.

 13    § 5. Subdivision 1 of section 209-B of the  tax  law,  as  amended  by

 14  section  8-a  of part A of chapter 56 of the laws of 1998, is amended to

 15  read as follows:

 16    1. For the privilege of exercising  its  corporate  franchise,  or  of

 17  doing business, or of employing capital, or of owning or leasing proper-

 18  ty  in a corporate or organized capacity, or of maintaining an office in

 19  the metropolitan commuter transportation district, for all or  any  part

 20  of its taxable year, there is hereby imposed on every corporation, other

 21  than  a New York S corporation, subject to tax under section two hundred

 22  nine of this article, or any receiver,  referee,  trustee,  assignee  or

 23  other  fiduciary,  or  any  officer or agent appointed by any court, who

 24  conducts the business of any such corporation,  for  the  taxable  years

 25  commencing  on  or  after January first, nineteen hundred eighty-two but

 26  ending before December thirty-first, two  thousand   one   five,  a  tax

 27  surcharge, in addition to the tax imposed under section two hundred nine

 28  of  this  article,  to be computed at the rate of eighteen per centum of

                                        109                        12026-02-1

  1  the tax imposed under such section two hundred  nine  for  such  taxable

  2  years  or  any part of such taxable years ending before December thirty-

  3  first, nineteen hundred eighty-three after the deduction of any  credits

  4  otherwise allowable under this article, and at the rate of seventeen per

  5  centum  of  the tax imposed under such section for such taxable years or

  6  any part of such taxable years ending on or after December thirty-first,

  7  nineteen hundred eighty-three after the deduction of any credits  other-

  8  wise allowable under this article; provided, however, that such rates of

  9  tax  surcharge  shall be applied only to that portion of the tax imposed

 10  under section two hundred nine of this article after  the  deduction  of

 11  any credits otherwise allowable under this article which is attributable

 12  to  the  taxpayer's business activity carried on within the metropolitan

 13  commuter transportation district; and provided, further,  that  the  tax

 14  surcharge imposed by this section shall not be imposed upon any taxpayer

 15  for  more  than  two hundred  twenty-eight  seventy-six months. Provided

 16  however, that for taxable years commencing on or after July first, nine-

 17  teen hundred ninety-eight, such surcharge shall be calculated as if  the

 18  tax  imposed  under section two hundred ten of this article were imposed

 19  under the law in effect for taxable years commencing on  or  after  July

 20  first,  nineteen  hundred  ninety-seven  and before July first, nineteen

 21  hundred ninety-eight.

 22    § 6. Subsection 1 of section 1455-B of the  tax  law,  as  amended  by

 23  section  2  of  part O of chapter 407 of the laws of 1999, is amended to

 24  read as follows:

 25    1. For the privilege of exercising its franchise or doing business  in

 26  the  metropolitan  commuter  transportation  district  in a corporate or

 27  organized capacity, there is hereby imposed on every taxpayer subject to

 28  tax under this article, other than a New York  S  corporation,  for  the

                                        110                        12026-02-1

  1  taxable  years  commencing  on  or after January first, nineteen hundred

  2  eighty-two but ending before December thirty-first, two  thousand   one 

  3  five,  a  tax  surcharge,  in  addition to the tax imposed under section

  4  fourteen  hundred fifty-one of this article, at the rate of eighteen per

  5  centum of the tax imposed under such section fourteen hundred  fifty-one

  6  of  this  article,  for  such  taxable years or any part of such taxable

  7  years ending before December thirty-first, nineteen hundred eighty-three

  8  after the deduction of any credits otherwise allowable under this  arti-

  9  cle,  and  at  the rate of seventeen per centum of the tax imposed under

 10  such section for such taxable years or any part of  such  taxable  years

 11  ending  on or after December thirty-first, nineteen hundred eighty-three

 12  after the deduction of any credits otherwise allowable under this  arti-

 13  cle; provided however, that such rates of tax surcharge shall be applied

 14  only  to  that portion of the tax imposed under section fourteen hundred

 15  fifty-one of this article after the deduction of any  credits  otherwise

 16  allowable  under  this  article  which is attributable to the taxpayer's

 17  business activity carried on within the metropolitan commuter  transpor-

 18  tation  district;  and provided, further, that the tax surcharge imposed

 19  by this section shall not be imposed upon any taxpayer for more than two

 20  hundred  twenty-eight  seventy-six months.  Provided however,  that  for

 21  taxable  years  commencing  on  or  after July first, two thousand, such

 22  surcharge shall be calculated as if the rate of the basic  tax  computed

 23  under  subsection  (a)  of  section  fourteen hundred fifty-five of this

 24  article was nine percent.

 25    § 7. Subdivision (a) of section 1505-a of the tax law, as  amended  by

 26  section  6  of  part O of chapter 407 of the laws of 1999, is amended to

 27  read as follows:

                                        111                        12026-02-1

  1    (a) Every domestic insurance corporation and every  foreign  or  alien

  2  insurance corporation, and every life insurance corporation described in

  3  subdivision  (b) of section fifteen hundred one of this article, for the

  4  privilege of exercising its corporate franchise, or of  doing  business,

  5  or  of employing capital, or of owning or leasing property in the metro-

  6  politan commuter transportation district in  a  corporate  or  organized

  7  capacity,  or  of  maintaining  an  office  in the metropolitan commuter

  8  transportation district, for all  or  any  part  of  its  taxable  years

  9  commencing  on  or after January first, nineteen hundred eighty-two, but

 10  ending before December thirty-first, two  thousand   one   five,  except

 11  corporations  specified  in  subdivision  (c) of section fifteen hundred

 12  twelve of this article, shall annually pay, in  addition  to  the  taxes

 13  imposed  by sections fifteen hundred one and fifteen hundred ten of this

 14  article as limited by section fifteen hundred five of  this  article,  a

 15  tax  surcharge  on  the taxes imposed under sections fifteen hundred one

 16  and fifteen hundred ten of this article as limited  by  section  fifteen

 17  hundred  five  of this article after the deduction of any credits other-

 18  wise allowable under this article as allocated to such district.    Such

 19  taxes shall be allocated to such district for purposes of computing such

 20  tax  surcharge  by applying the methodology, procedures and computations

 21  set forth in subdivisions (a) and (b) of section fifteen hundred four of

 22  this article, except that references to terms denoting New  York  premi-

 23  ums,  and  total  wages,  salaries,  personal  service  compensation and

 24  commissions within New York shall be read as denoting within the  metro-

 25  politan commuter transportation district and terms denoting total premi-

 26  ums and total wages, salaries, personal service compensation and commis-

 27  sions shall be read as denoting within the state.  If it shall appear to

 28  the commissioner that the application of the methodology, procedures and

                                        112                        12026-02-1

  1  computations set forth in such subdivisions (a) and (b) does not proper-

  2  ly  reflect  the  activity,  business or income of a taxpayer within the

  3  metropolitan commuter transportation  district,  then  the  commissioner

  4  shall  be  authorized,  in the commissioner's discretion, to adjust such

  5  methodology, procedures and computations for the purpose  of  allocating

  6  such taxes by:

  7    (1) excluding one or more factors therein;

  8    (2)  including  one  or  more other factors therein, such as expenses,

  9  purchases, receipts other  than  premiums,  real  property  or  tangible

 10  personal property; or

 11    (3)  any  other similar or different method which allocates such taxes

 12  by attributing a fair and proper portion of such taxes to the  metropol-

 13  itan  commuter  transportation  district.  The commissioner from time to

 14  time shall publish all rulings of general public interest  with  respect

 15  to  any  application  of  the  provisions of the preceding sentence. The

 16  commissioner may promulgate rules and regulations to  further  implement

 17  the  provisions of this section. Such tax surcharge shall be computed at

 18  the rate of eighteen per centum of  the  taxes  imposed  under  sections

 19  fifteen  hundred  one and fifteen hundred ten of this article as limited

 20  by section fifteen hundred five of this article, as  allocated  to  such

 21  district,  for  such  taxable  years  or  any part of such taxable years

 22  ending before December thirty-first, nineteen hundred eighty-three after

 23  the deduction of any credits otherwise allowable under this article, and

 24  at the rate of seventeen per centum of  the  taxes  imposed  under  such

 25  sections  as limited by section fifteen hundred five of this article, as

 26  allocated to such district, for such taxable years or any part  of  such

 27  taxable years ending on or after December thirty-first, nineteen hundred

 28  eighty-three  after  the  deduction  of  any credits otherwise allowable

                                        113                        12026-02-1

  1  under this article; provided, however, that the tax surcharge imposed by

  2  this section shall not be imposed upon any taxpayer for  more  than  two

  3  hundred   twenty-eight   seventy-six months.  Provided however, that for

  4  taxable  years  commencing  on  or  after July first, two thousand, such

  5  surcharge shall be calculated as if (i) the rate  of  the  tax  computed

  6  under paragraph one of subdivision (a) of section fifteen hundred two of

  7  this article was nine percent and (ii) the rate of the limitation on tax

  8  set  forth in section fifteen hundred five of this article for domestic,

  9  foreign and alien insurance corporations except  life  insurance  corpo-

 10  rations was two and six-tenths percent.

 11    §  8.  No  addition to tax under subsection (c) of section 1085 of the

 12  tax law shall be  imposed  with  respect  to  required  declarations  or

 13  payments  of estimated tax surcharge under sections 184-a, 186-c, 209-B,

 14  1455-B and 1505-a of the tax law with respect to declarations  otherwise

 15  required  to  be  filed  and  payments  otherwise required to be made by

 16  reason of sections two, three, and five through seven of this act, prior

 17  to June 15, 2001, provided that the taxpayer files such declarations and

 18  makes such payments as well as all other such payments due by  such  due

 19  date,  no  later than the first date following May 15, 2001, on which an

 20  installment of estimated tax surcharge is required to be paid.

 21    § 9. This act shall take effect immediately; provided,  however,  that

 22  the  amendments to subdivision 1 of section 189-a of the tax law made by

 23  section four of this act shall not affect the repeal of such section and

 24  shall be deemed repealed therewith.

 25                                   PART J

                                        114                        12026-02-1

  1    Section 1. Section 51 of chapter 298 of the laws of 1985, amending the

  2  tax law relating to the franchise tax on banking corporations imposed by

  3  the tax law, authorized to be imposed by any city having a population of

  4  one million or more by chapter 772 of the laws of 1966  and  imposed  by

  5  the  administrative  code  of the city of New York and relating to other

  6  provisions of the tax law, chapter 883 of  the  laws  of  1975  and  the

  7  administrative  code of the city of New York which relates to such fran-

  8  chise tax, as amended by chapter 59 of the laws of 1997, is  amended  to

  9  read as follows:

 10    §  51. This act shall take effect immediately and shall apply to taxa-

 11  ble years beginning on or after January 1, 1985, except that:

 12    (a) sections one through eight shall not apply to taxable years begin-

 13  ning on or after January 1,  2001  2002;

 14    (b) sections nine, twelve,  the  amendment  made  to  paragraph  9  of

 15  subsection  (a)  of  section  1452  of  the tax law by section thirteen,

 16  sections fifteen, sixteen,  eighteen,  nineteen,  twenty,  twenty-three,

 17  twenty-seven,  thirty  and thirty-two, the amendment made to paragraph 9

 18  of subdivision (a) of section 11-640 of the administrative code  of  the

 19  city  of New York by section thirty-three, sections thirty-five, thirty-

 20  six, thirty-eight, thirty-nine, forty, and forty-five shall not apply to

 21  corporations other than savings banks and savings and loan  associations

 22  for taxable years beginning on or after January 1,  2001  2002;

 23    (c)   sections  twenty-one,  twenty-two,  twenty-four,  forty-one  and

 24  forty-two shall not apply to corporations other than savings  banks  and

 25  savings  and  loan  associations for taxable years beginning on or after

 26  January 1,  2001  2002, provided, however, that the provisions  of  such

 27  sections which relate to the alternative minimum tax measured by taxable

                                        115                        12026-02-1

  1  assets shall continue to apply to all taxpayers for taxable years begin-

  2  ning on or after January 1,  2001  2002;

  3    (d)  the amendment to the section heading and the opening paragraph of

  4  section 11-643.3 of the administrative code of the city of New York made

  5  by section forty-three  shall  not  apply  to  corporations  other  than

  6  savings banks and savings and loan associations for taxable years begin-

  7  ning on or after January 1,  2001  2002 with respect to those provisions

  8  of  such  section  11-643.3  which  relate  to the basic tax measured by

  9  entire net income; and

 10    (e) section twenty-eight, and the addition of new section 11-643.5  of

 11  the  administrative  code of the city of New York made by section forty-

 12  four shall not apply  to  corporations  other  than  savings  banks  and

 13  savings  and  loan  associations for taxable years beginning on or after

 14  January 1,  2001  2002, provided, however, that the provisions  of  such

 15  sections  which  relate  to  the  alternative  minimum taxes measured by

 16  assets, issued capital stock and one hundred twenty-five  dollars  shall

 17  continue  to  apply  to  all taxpayers for taxable years beginning on or

 18  after January 1,  2001  2002.

 19    § 2. Subdivisions (d) and (f) of section 110 of  chapter  817  of  the

 20  laws  of  1987,  amending the tax law and the environmental conservation

 21  law, constituting the business tax reform  and  rate  reduction  act  of

 22  1987,  as amended by chapter 59 of the laws of 1997, are amended to read

 23  as follows:

 24    (d) The provisions of section sixty-seven except insofar as it  amends

 25  paragraph  10 of subsection (b) of section 1453 of the tax law, seventy-

 26  one and seventy-four shall apply to taxable years beginning after Decem-

 27  ber 31, 1986, provided, however,  that  new  paragraphs  11  and  12  of

 28  subsection  (b)  of  section  1453  of  the  tax law as added by section

                                        116                        12026-02-1

  1  sixty-seven of this act, the amendments made by section  seventy-one  of

  2  this act, and new subsection (i) of section 1453 of the tax law as added

  3  by  section  seventy-four  of  this act shall not apply to taxable years

  4  beginning on or after January 1,  2001  2002;

  5    (f) The provisions of section one hundred four of this act shall apply

  6  to  taxable years beginning after December 31, 1986, and shall not apply

  7  to corporations other than savings banks and savings  and  loan  associ-

  8  ations  for  taxable years beginning on or after January 1,  2001  2002,

  9  provided, however, that the provisions of such section which  relate  to

 10  the alternative minimum tax measured by taxable assets shall continue to

 11  apply  to  all taxpayers for taxable years beginning on or after January

 12  1,  2001  2002.

 13    § 3. Subdivisions (c) and (d) of section 68 of chapter 525 of the laws

 14  of 1988, amending the tax law and the administrative code of the city of

 15  New York relating to the imposition of taxes in the city of New York, as

 16  amended by chapter 59 of the laws  of  1997,  are  amended  to  read  as

 17  follows:

 18    (c)  The  provisions  of sections one, thirty-one, thirty-two, thirty-

 19  three, thirty-six, thirty-seven, forty through  forty-five,  forty-seven

 20  and  forty-eight  shall  apply to taxable years beginning after December

 21  31, 1986, provided, however, that the amendments made by sections  thir-

 22  ty-six  and  forty-one  of  this act, and new subdivision (i) of section

 23  11-641 of the administrative code of the city of New York  as  added  by

 24  section  forty-four  of this act shall not apply to taxable years begin-

 25  ning on or after January 1,  2001  2002;

 26    (d) The provisions of section forty-six shall apply to  taxable  years

 27  beginning  after  December 31, 1986, and shall not apply to corporations

 28  other than savings banks and savings and loan  associations  of  taxable

                                        117                        12026-02-1

  1  years  beginning  on or after January 1,  2001  2002, provided, however,

  2  that the provisions of such section  which  relate  to  the  alternative

  3  minimum  tax  measured  by taxable assets shall continue to apply to all

  4  taxpayers  for  taxable  years  beginning  on or after January 1,  2001 

  5  2002;

  6    § 4. Section 1452 of the tax law is amended by adding a new subsection

  7  (i) to read as follows:

  8    (i) Transitional provisions relating to the enactment and  implementa-

  9  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything

 10  to  the  contrary  contained  in this section, a corporation that was in

 11  existence before January first, two thousand one and was subject to  tax

 12  under article nine-A of this chapter for its last taxable year beginning

 13  before  January  first,  two  thousand one, shall continue to be taxable

 14  under article nine-A of this chapter for all taxable years beginning  on

 15  or  after  January first, two thousand one and before January first, two

 16  thousand two. The preceding sentence shall not apply to any taxable year

 17  during which such corporation is  a  banking  corporation  described  in

 18  paragraphs one through eight of subsection (a) of this section. Notwith-

 19  standing  anything  to the contrary contained in this section, a banking

 20  corporation that was in existence before January first, two thousand one

 21  and was subject to tax under this article  for  its  last  taxable  year

 22  beginning  before  January first, two thousand one, shall continue to be

 23  taxable under this article for all taxable years beginning on  or  after

 24  January  first,  two thousand one and before January first, two thousand

 25  two.

 26    For purposes of this paragraph, a corporation shall be  considered  to

 27  be  subject  to  tax  under article nine-A of this chapter for a taxable

 28  year if such corporation was not a taxpayer but was properly included in

                                        118                        12026-02-1

  1  a combined report filed pursuant to section two hundred eleven  of  this

  2  chapter  for  such taxable year and a corporation shall be considered to

  3  be subject to tax under this article for a taxable year if  such  corpo-

  4  ration was not a taxpayer but was properly included in a combined return

  5  filed  pursuant  to  subsection  (f)  or (g) of section fourteen hundred

  6  sixty-two of this article for such taxable year. A corporation that  was

  7  in  existence before January first, two thousand one but first becomes a

  8  taxpayer in a taxable year beginning on  or  after  January  first,  two

  9  thousand  one  and  before  January  first,  two  thousand two, shall be

 10  considered for purposes of this paragraph to have been  subject  to  tax

 11  under article nine-A of this chapter for its last taxable year beginning

 12  before  January  first,  two thousand one if such corporation would have

 13  been subject to tax under such article for such taxable year if  it  had

 14  been  a  taxpayer  during  such  taxable year. A corporation that was in

 15  existence before January first, two thousand one  but  first  becomes  a

 16  taxpayer  in  a  taxable  year  beginning on or after January first, two

 17  thousand one and before  January  first,  two  thousand  two,  shall  be

 18  considered  for  purposes  of this paragraph to have been subject to tax

 19  under this article for its last taxable year  beginning  before  January

 20  first,  two  thousand one if such corporation would have been subject to

 21  tax under this article for such taxable year if it had been  a  taxpayer

 22  during such taxable year.

 23    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this

 24  section, a corporation formed on or after January  first,  two  thousand

 25  one  and  before January first, two thousand two may elect to be subject

 26  to tax under this article or under article nine-A of  this  chapter  for

 27  its first taxable year beginning on or after January first, two thousand

 28  one  and  before  January  first,  two  thousand two in which either (i)

                                        119                        12026-02-1

  1  sixty-five percent or more of its voting stock is owned  or  controlled,

  2  directly  or  indirectly  by  a  financial holding company, provided the

  3  corporation whose voting stock is so owned or controlled is  principally

  4  engaged  in  activities that are described in section 4(k)(4) or 4(k)(5)

  5  of the federal bank holding company act of nineteen  hundred  fifty-six,

  6  as  amended and the regulations promulgated pursuant to the authority of

  7  such section, or (ii) it is a financial subsidiary.

  8    An election under this paragraph may not  be  made  by  a  corporation

  9  described  in  paragraphs  one  through  eight of subsection (a) of this

 10  section or in subsection (e) of this section. In addition,  an  election

 11  under this paragraph may not be made by a corporation that is a party to

 12  a  reorganization,  as  defined  in subsection (a) of section 368 of the

 13  internal revenue code of 1986, as amended, of a corporation described in

 14  paragraph one of this subsection if both  corporations  were  sixty-five

 15  percent or more owned or controlled, directly or indirectly, by the same

 16  interests  at  the  time  of  the reorganization. An election under this

 17  paragraph must be made by the taxpayer on or before  the  due  date  for

 18  filing  its  return  (determined  with  regard to extensions of time for

 19  filing) for the applicable taxable year. The election to be taxed  under

 20  article  nine-A  of this chapter shall be made by the taxpayer by filing

 21  the report required pursuant to section two hundred eleven of this chap-

 22  ter and the election to be taxed under this article shall be made by the

 23  taxpayer by filing the return  required  pursuant  to  section  fourteen

 24  hundred  sixty-two  of  this article. Any election made pursuant to this

 25  paragraph shall be irrevocable and shall apply to each subsequent  taxa-

 26  ble  year  beginning  on  or  after  January first, two thousand one and

 27  before January first, two thousand two, provided that the  stock  owner-

 28  ship  requirements  described  in subparagraph (i) of this paragraph are

                                        120                        12026-02-1

  1  met or such corporation described in subparagraph (ii) of this paragraph

  2  continues as a financial subsidiary.

  3    (3)  For  purposes  of  this  section,  a financial subsidiary means a

  4  corporation (i) sixty-five percent or more  of  whose  voting  stock  is

  5  owned  or  controlled,  directly  or indirectly by a banking corporation

  6  described in paragraph one, two or  three  of  subsection  (a)  of  this

  7  section  and  (ii) is described in section 5136A(g) of the revised stat-

  8  utes of the United States or section 46 of the federal deposit insurance

  9  act. For purposes of this article, the term "banking corporation"  shall

 10  include  a  corporation electing to be taxed under this article pursuant

 11  to paragraph two of this subsection for so long as such  election  shall

 12  be in effect.

 13    §  5.  Paragraph 2 of subsection (f) of section 1462 of the tax law is

 14  amended by adding a new subparagraph (v) to read as follows:

 15    (v)(A) Notwithstanding any provision of this paragraph, any bank hold-

 16  ing company which during a taxable year beginning on  or  after  January

 17  first,  two  thousand one and before January first, two thousand two (I)

 18  is exercising its corporate franchise or doing business  in  the  state,

 19  and (II) registers for the first time during such taxable year under the

 20  federal  bank  holding  company act, as amended, and also elects to be a

 21  financial holding company, may make a return on a combined basis without

 22  seeking the permission of the commissioner for such taxable year or  for

 23  any  subsequent  taxable  year  beginning on or after January first, two

 24  thousand one and before January first, two thousand two with any banking

 25  corporation sixty-five percent or more of whose voting stock is owned or

 26  controlled, directly  or  indirectly,  by  such  bank  holding  company,

 27  provided  such banking corporation is exercising its corporate franchise

 28  or doing business in the state in a corporate or organized capacity.

                                        121                        12026-02-1

  1    (B) Notwithstanding any provision of this paragraph, the  commissioner

  2  may  not  require  a  bank  holding company which, during a taxable year

  3  beginning on or after January first, two thousand one and before January

  4  first, two thousand two, registers for the first time during such  taxa-

  5  ble  year  under  the  federal bank holding company act, as amended, and

  6  also elects to be a financial holding company, to make  a  return  on  a

  7  combined basis for any taxable year beginning on or after January first,

  8  two thousand one and before January first, two thousand two with a bank-

  9  ing  corporation  sixty-five  percent  or  more of whose voting stock is

 10  owned or controlled, directly or indirectly, by such bank holding compa-

 11  ny.

 12    § 6. Section 11-640 of the administrative code of the city of New York

 13  is amended by adding a new subdivision (h) to read as follows:

 14    (h) Transitional provisions relating to the enactment and  implementa-

 15  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything

 16  to  the  contrary  contained  in this section, a corporation that was in

 17  existence before January first, two thousand one and was subject to  tax

 18  under subchapter two of this chapter for its last taxable year beginning

 19  before  January  first,  two  thousand one, shall continue to be taxable

 20  under subchapter two of this chapter for all taxable years beginning  on

 21  or  after  January first, two thousand one and before January first, two

 22  thousand two. The preceding sentence shall not apply to any taxable year

 23  during which such corporation is  a  banking  corporation  described  in

 24  paragraphs  one  through  eight  of  subdivision  (a)  of  this section.

 25  Notwithstanding anything to the contrary contained in  this  section,  a

 26  banking  corporation  that  was  in  existence before January first, two

 27  thousand one and was subject to tax under this subchapter for  its  last

 28  taxable  year  beginning  before  January first, two thousand one, shall

                                        122                        12026-02-1

  1  continue to be taxable under  this  subchapter  for  all  taxable  years

  2  beginning on or after January first, two thousand one and before January

  3  first, two thousand two.

  4    For  purposes  of this paragraph, a corporation shall be considered to

  5  be subject to tax under subchapter two of this  chapter  for  a  taxable

  6  year if such corporation was not a taxpayer but was properly included in

  7  a  combined  report filed pursuant to subdivision four of section 11-605

  8  of this chapter for such taxable year and a corporation shall be consid-

  9  ered to be subject to tax under this subchapter for a  taxable  year  if

 10  such  corporation  was  not  a  taxpayer  but was properly included in a

 11  combined report filed pursuant to subdivision  (f)  or  (g)  of  section

 12  11-646  of  this  part  for such taxable year. A corporation that was in

 13  existence before January first, two thousand one  but  first  becomes  a

 14  taxpayer  in  a  taxable  year  beginning on or after January first, two

 15  thousand one and before  January  first,  two  thousand  two,  shall  be

 16  considered  for  purposes  of this paragraph to have been subject to tax

 17  under subchapter two of this chapter for its last taxable year beginning

 18  before January first, two thousand one if such  corporation  would  have

 19  been  subject  to  tax under such subchapter for such taxable year if it

 20  had been a taxpayer during such taxable year.  A corporation that was in

 21  existence before January first, two thousand one  but  first  becomes  a

 22  taxpayer  in  a  taxable  year  beginning on or after January first, two

 23  thousand one and before  January  first,  two  thousand  two,  shall  be

 24  considered  for  purposes  of this paragraph to have been subject to tax

 25  under this subchapter for its last taxable year beginning before January

 26  first, two thousand one if such corporation would have been  subject  to

 27  tax under this subchapter for such taxable year if it had been a taxpay-

 28  er during such taxable year.

                                        123                        12026-02-1

  1    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this

  2  section, a corporation formed on or after January  first,  two  thousand

  3  one  and  before January first, two thousand two may elect to be subject

  4  to tax under this subchapter or under subchapter two of this chapter for

  5  its first taxable year beginning on or after January first, two thousand

  6  one  and  before  January  first,  two  thousand two in which either (i)

  7  sixty-five percent or more of its voting stock is owned  or  controlled,

  8  directly  or  indirectly  by  a  financial holding company, provided the

  9  corporation whose voting stock is so owned or controlled is  principally

 10  engaged  in  activities that are described in section 4(k)(4) or 4(k)(5)

 11  of the federal bank holding company act of nineteen  hundred  fifty-six,

 12  as  amended and the regulations promulgated pursuant to the authority of

 13  such section or (ii) it is a financial  subsidiary.  An  election  under

 14  this  paragraph may not be made by a corporation described in paragraphs

 15  one through eight of subdivision (a) of this section or  in  subdivision

 16  (e)  of  this section. In addition, an election under this paragraph may

 17  not be made by a corporation that is a party  to  a  reorganization,  as

 18  defined in subsection (a) of section 368 of the internal revenue code of

 19  1986,  as  amended,  of a corporation described in paragraph one of this

 20  subdivision if both corporations were sixty-five percent or  more  owned

 21  or  controlled, directly or indirectly by the same interests at the time

 22  of the reorganization.

 23    An election under this paragraph must be made by the  taxpayer  on  or

 24  before  the  due  date  for filing its return (determined with regard to

 25  extensions of time for filing) for  the  applicable  taxable  year.  The

 26  election  to be taxed under subchapter two of this chapter shall be made

 27  by the taxpayer by filing the return required  pursuant  to  subdivision

 28  one of section 11-605 of this chapter and the election to be taxed under

                                        124                        12026-02-1

  1  this  subchapter  shall  be  made  by  the taxpayer by filing the return

  2  required pursuant to subdivision (a) of section 11-646 of this part. Any

  3  election made pursuant to this paragraph two shall  be  irrevocable  and

  4  shall  apply to each subsequent taxable year beginning on or after Janu-

  5  ary first, two thousand one and before January first, two thousand  two,

  6  provided that the stock ownership requirements described in subparagraph

  7  (i)  of this paragraph are met or such corporation described in subpara-

  8  graph (ii) of this paragraph continues as a financial subsidiary.

  9    (3) For purposes of this  section,  a  financial  subsidiary  means  a

 10  corporation  (i)  sixty-five  percent  or  more of whose voting stock is

 11  owned or controlled, directly or indirectly  by  a  banking  corporation

 12  described  in  paragraph  one,  two  or three of subdivision (a) of this

 13  section and (ii) is described in section 5136A(g) of the  revised  stat-

 14  utes of the United States or section 46 of the federal deposit insurance

 15  act.  For  purposes  of  this subchapter, the term "banking corporation"

 16  shall include a corporation electing to be taxed under  this  subchapter

 17  pursuant  to  paragraph  two  of  this  subdivision  for so long as such

 18  election shall be in effect.

 19    § 7. Paragraph 2 of subdivision (f) of section 11-646 of the  adminis-

 20  trative code of the city of New York is amended by adding a new subpara-

 21  graph (v) to read as follows:

 22    (v)(A) Notwithstanding any provision of this paragraph, any bank hold-

 23  ing  company  which  during a taxable year beginning on or after January

 24  first, two thousand one and before January first, two thousand  two  (I)

 25  is exercising its corporate franchise or doing business in the city, and

 26  (II)  registers  for  the  first time during such taxable year under the

 27  federal bank holding company act, as amended, and also elects  to  be  a

 28  financial holding company, may make a return on a combined basis without

                                        125                        12026-02-1

  1  seeking  the  permission of the commissioner of finance for such taxable

  2  year or for any subsequent taxable year beginning on  or  after  January

  3  first,  two thousand one and before January first, two thousand two with

  4  any banking corporation sixty-five percent or more of whose voting stock

  5  is  owned  or  controlled,  directly or indirectly, by such bank holding

  6  company, provided such banking corporation is exercising  its  corporate

  7  franchise  or  doing  business  in  the city in a corporate or organized

  8  capacity.

  9    (B) Notwithstanding any provision of this paragraph, the  commissioner

 10  of  finance may not require a bank holding company which, during a taxa-

 11  ble year beginning on or after  January  first,  two  thousand  one  and

 12  before  January  first,  two  thousand two, registers for the first time

 13  during such taxable year under the federal bank holding company act,  as

 14  amended,  and  also  elects to be a financial holding company, to make a

 15  return on a combined basis for any taxable year beginning  on  or  after

 16  January  first,  two thousand one and before January first, two thousand

 17  two with a banking corporation  sixty-five  percent  or  more  of  whose

 18  voting  stock  is  owned  or controlled, directly or indirectly, by such

 19  bank holding company.

 20    § 8. This act shall take effect immediately; provided,  however,  that

 21  sections  four  through  seven  of this act shall apply to taxable years

 22  beginning on or after January 1, 2001.

 23                                   PART K

 24    Section 1. Section 1 of part J of chapter 405  of  the  laws  of  1999

 25  amending  the  real  property tax law relating to improving the adminis-

 26  tration of the school tax relief  (STAR)  program  and  other  laws,  as

                                        126                        12026-02-1

  1  amended  by  chapter  414  of  the  laws  of 1999, is amended to read as

  2  follows:

  3    Section  1. Notwithstanding the provisions of article 5 of the general

  4  construction law, the provisions of the  tax  law  amended  by  sections

  5  94-a,  94-d and 94-g of chapter 2 of the laws of 1995 are hereby revived

  6  and shall continue in full force and effect as they existed on March 31,

  7  1999  until March 31, 2001, when upon such date they shall expire and be

  8  repealed . Sections 1, 2, 3, 4, and 5, and such part of  section  10  of

  9  chapter  336  of the laws of 1999 as relates to providing for the effec-

 10  tiveness of such sections 1, 2, 3, 4 and 5 shall be nullified in  effect

 11  on  the  effective date of this section, except that the amendments made

 12  to:  paragraph (2) of subdivision a of section 1612 of the  tax  law  by

 13  such section 1; and subdivision b of section 1612 of the tax law by such

 14  section  2;  and the repeal of section 152 of chapter 166 of the laws of

 15  1991 made by such section 5 shall continue to remain in effect.

 16    § 2. This act shall take effect immediately.

 17                                   PART L

 18    Section 1. The opening paragraph of subdivision a of section  1604  of

 19  the  tax  law, as amended by chapter 913 of the laws of 1977, is amended

 20  to read as follows:

 21    In addition to the powers and duties provided  in  other  sections  of

 22  this article, the division shall have the power and it shall be its duty

 23  to  operate  and  administer  the lottery within the state including any

 24   lottery for the support of winter sports physical education in  commem-

 25  oration of the XIII winter olympic games  joint, multi-jurisdiction, and

 26  out-of-state lottery in cooperation with a government-authorized lottery

                                        127                        12026-02-1

  1  of  one  or  more other jurisdictions, and to promulgate rules and regu-

  2  lations governing the establishment and operation thereof, including but

  3  not limited to the following:

  4    §  2.  Paragraph 3 of subdivision a of section 1612 of the tax law, as

  5  amended by chapter 2 of the laws of 1995, is amended to read as follows:

  6    (3) fifty percent of the total amount for which tickets have been sold

  7  for games known as: (A) the "Daily Numbers Game" or  "Win  4",  discrete

  8  games  in  which  the  participants select no more than three or four of

  9  their own numbers to match with three or four numbers drawn by the divi-

 10  sion for purposes of determining winners of such games, (B)  "Pick  10",

 11  offered  no  more  than  once daily, in which participants select from a

 12  specified field of numbers a subset of ten numbers to  match  against  a

 13  subset of numbers to be drawn by the division from such field of numbers

 14  for the purpose of determining winners of such game,  and  (C) "Take 5",

 15  offered  no  more  than  once daily, in which participants select from a

 16  specified field of numbers a subset of five numbers to match  against  a

 17  subset  of  five  numbers to be drawn by the division from such field of

 18  numbers for purposes of determining winners of such game,  and  (D)  any

 19  joint, multi-jurisdiction, and out-of-state lottery game; or

 20    § 3. Section 1617 of the tax law is REPEALED and a new section 1617 is

 21  added to read as follows:

 22    §  1617.  Joint,  multi-jurisdiction,  and out-of-state lottery.   The

 23  director may  enter  into  an  agreement  with  a  government-authorized

 24  lottery  of  one or more other jurisdictions providing for the operation

 25  and administration of  a  joint,  multi-jurisdiction,  and  out-of-state

 26  lottery.  Such a joint, multi-jurisdiction, and out-of-state lottery may

 27  include a combined drawing, a combined prize pool, the transfer of sales

 28  and prize monies to other jurisdictions as may be  necessary,  and  such

                                        128                        12026-02-1

  1  other cooperative arrangements as the director deems necessary or desir-

  2  able.

  3    § 4. This act shall take effect immediately.

  4                                   PART M

  5    Section  1. Paragraphs 1 and 2 of subsection (t) of section 606 of the

  6  tax law, as added by section 1 of part DD of chapter 63 of the  laws  of

  7  2000, are amended to read as follows:

  8    (1) General. A resident taxpayer shall be allowed the option of claim-

  9  ing  a  credit,  to  be  computed  as provided in paragraph four of this

 10  subsection, against the tax imposed by  this  article,  or  an  itemized

 11  deduction, to be computed as provided in paragraph four of  subdivision 

 12  subsection  (d)  of  section  six  hundred  fifteen of this article, for

 13  allowable college tuition expenses.

 14    (2) Allowable and qualified college tuition expenses. For the purposes

 15  of this credit and the itemized deduction provided by paragraph four  of

 16   subdivision   subsection  (d)  of  section  six hundred fifteen of this

 17  article , :

 18    (A)  the  The term "allowable college tuition expenses" shall mean the

 19  amount of qualified college tuition expenses of eligible  students  paid

 20  by  the  taxpayer  during  the  taxable  year,  limited  to ten thousand

 21  dollars , and (B) the  for each such student. In the case of  a  husband

 22  and  wife,  such  limitation shall be divided between them equally or in

 23  such manner as they both may elect.

 24    (B) The term "eligible student" shall mean the taxpayer,  the  taxpay-

 25  er's  spouse, and any dependent of the taxpayer with respect to whom the

                                        129                        12026-02-1

  1  taxpayer is allowed an exemption under section six  hundred  sixteen  of

  2  this article for the taxable year.

  3    (C)  The  term  "qualified  college  tuition  expenses" shall mean the

  4  tuition required for the enrollment or attendance of  the taxpayer,  the

  5  taxpayer's  spouse,  or a dependent of the taxpayer with respect to whom

  6  the taxpayer is allowed an exemption under section six  hundred  sixteen

  7  of this article,  an eligible student at an institution of higher educa-

  8  tion.  Provided,  however, tuition payments made pursuant to the receipt

  9  of any scholarships or financial aid, or tuition required for enrollment

 10  or attendance in a course of study leading to the  granting  of  a  post

 11  baccalaureate or other graduate degree, shall be excluded from the defi-

 12  nition of "qualified college tuition expenses".

 13    (D)  Expenses  paid  by dependent.   If an exemption under section six

 14  hundred sixteen of this article with respect to an individual is allowed

 15  to another taxpayer for a taxable year beginning in the calendar year in

 16  which such individual's taxable year begins,

 17    (i) no credit under this subsection or deduction under paragraph  four

 18  of  subsection  (d) of section six hundred fifteen of this article shall

 19  be allowed to such individual for such individual's taxable year, and

 20    (ii) for purposes of  such  credit  or  deduction,  qualified  college

 21  tuition  expenses paid by such individual during such individual's taxa-

 22  ble year shall be treated as paid by such other taxpayer.

 23    § 2. Subdivision (d) of section 11-1715 of the administrative code  of

 24  the  city  of New York is amended by adding a new paragraph 4 to read as

 25  follows:

 26    (4) allowable college tuition expenses, as defined in paragraph two of

 27  subsection (t) of section six hundred six of the tax law, multiplied  by

 28  the  applicable  percentage. Such applicable percentage shall be twenty-

                                        130                        12026-02-1

  1  five percent for taxable years beginning  in  two  thousand  one,  fifty

  2  percent  for  taxable  years beginning in two thousand two, seventy-five

  3  percent for taxable years  beginning  in  two  thousand  three  and  one

  4  hundred  percent  for  taxable years beginning after two thousand three.

  5  Provided, however, no deduction shall be allowed under this paragraph to

  6  a taxpayer who claims  the  credit  provided  under  subsection  (t)  of

  7  section six hundred six of the tax law.

  8    §  3.  This act shall take effect immediately and shall apply to taxa-

  9  ble years beginning on or after January 1, 2001.

 10                                   PART N

 11    Section 1. Subdivision (p) of section 406 of chapter 166 of  the  laws

 12  of  1991,  amending  the  tax  law  and other laws relating to taxes, as

 13  amended by chapter 452 of the laws  of  1999,  is  amended  to  read  as

 14  follows:

 15    (p) The amendments to section 1809 of the vehicle and traffic law made

 16  by sections three hundred thirty-seven and three hundred thirty-eight of

 17  this  act  shall not apply to any offense committed prior to such effec-

 18  tive date; provided, further, that section three  hundred  forty-one  of

 19  this act shall take effect immediately and shall expire November 1, 1993

 20  at  which  time  it  shall  be  deemed  repealed; sections three hundred

 21  forty-five and three hundred forty-six of this  act  shall  take  effect

 22  July  1,  1991;  sections three hundred fifty-five, three hundred fifty-

 23  six, three hundred fifty-seven and three hundred fifty-nine of this  act

 24  shall  take  effect immediately and shall expire June 30, 1995 and shall

 25  revert to and be read as if this act had not been enacted; section three

 26  hundred fifty-eight of this act shall take effect immediately and  shall

                                        131                        12026-02-1

  1  expire  June 30, 1998 and shall revert to and be read as if this act had

  2  not been enacted; section three hundred sixty-four through three hundred

  3  sixty-seven of this act shall apply to claims filed  on  or  after  such

  4  effective date;  sections three hundred sixty-nine, three hundred seven-

  5  ty-two,  three  hundred seventy-three, three hundred seventy-four, three

  6  hundred seventy-five and three hundred seventy-six  of  this  act  shall

  7  remain  in  effect  until  November 1, 2001, at which time they shall be

  8  deemed  repealed;  provided,  however,  that   the  mandatory  surcharge

  9  provided  in  section three hundred seventy-four of this act shall apply

 10  to parking violations occurring on or after said  effective  date;   and

 11  provided  further that the amendments made to section 235 of the vehicle

 12  and traffic law by section three hundred seventy-two of  this  act,  the

 13  amendments  made  to  section  1809  of  the  vehicle and traffic law by

 14  sections three hundred thirty-seven and three  hundred  thirty-eight  of

 15  this  act  and  the amendments made to section 215-a of the labor law by

 16  section three hundred seventy-five of this act shall expire on  November

 17  1,  2001  and  upon  such  date  the provisions of such subdivisions and

 18  sections shall revert to and be read as if the provisions  of  this  act

 19  had not been enacted;  the amendments to subdivisions 2 and 3 of section

 20  400.05 of the penal law made by sections three hundred seventy-seven and

 21  three hundred seventy-eight of this act shall expire on July 1, 1992 and

 22  upon  such  date  the  provisions  of such subdivisions shall revert and

 23  shall be read as if the provisions of this act had not been enacted; the

 24  state board of law examiners shall take such action as is  necessary  to

 25  assure  that all applicants for examination for admission to practice as

 26  an attorney and counsellor at law shall pay  the  increased  examination

 27  fee  provided  for by the amendment made to section 465 of the judiciary

 28  law by section three hundred eighty of  this  act  for  any  examination

                                        132                        12026-02-1

  1  given on or after the effective date of this act notwithstanding that an

  2  applicant  for  such  examination may have prepaid a lesser fee for such

  3  examination as required by the provisions of such section 465 as of  the

  4  date  prior to the effective date of this act; the provisions of section

  5  306-a of the civil practice law and rules  as  added  by  section  three

  6  hundred  eighty-one of this act shall apply to all actions pending on or

  7  commenced on or after September 1, 1991, provided, however, that for the

  8  purposes of this section service of such summons made prior to such date

  9  shall be deemed to  have  been  completed  on  September  1,  1991;  the

 10  provisions of section three hundred eighty-three of this act shall apply

 11  to  all  money  deposited  in connection with a cash bail or a partially

 12  secured bail bond on or after such effective date; and the provisions of

 13  sections three hundred eighty-four and three hundred eighty-five of this

 14  act shall apply only to jury service commenced during  a  judicial  term

 15  beginning on or after the effective date of this act; provided, however,

 16  that nothing contained herein shall be deemed to affect the application,

 17  qualification,  expiration  or repeal of any provision of law amended by

 18  any section of this act and such provisions shall be applied  or  quali-

 19  fied  or  shall  expire or be deemed repealed in the same manner, to the

 20  same extent and on the same  date  as  the  case  may  be  as  otherwise

 21  provided by law;

 22    §  2.  Subdivision 8 of section 1809 of the vehicle and traffic law is

 23  REPEALED.

 24    § 3. This act shall take effect April 1, 2001.

 25                                   PART O

                                        133                        12026-02-1

  1    Section 1. Section 470 of the tax law  is  amended  by  adding  a  new

  2  subdivision 14 to read as follows:

  3    14.  "Moist  snuff"  means  any  finely cut and ground tobacco that is

  4  intended to be placed in the mouth.

  5    § 2. Subdivision 1 of section 471-b of the  tax  law,  as  amended  by

  6  chapter 57 of the laws of 1993, is amended to read as follows:

  7    1.  There  is  hereby  imposed  and shall be paid a tax on all tobacco

  8  products possessed in this state by any person for sale, except that  no

  9  tax  shall  be imposed on tobacco products sold under such circumstances

 10  that this state is without power to impose such  tax,  or  sold  to  the

 11  United  States, or sold to or by a voluntary unincorporated organization

 12  of the armed forces of the United States operating a place for the  sale

 13  of  goods  pursuant to regulations promulgated by the appropriate execu-

 14  tive agency of the United States, to the extent provided in  such  regu-

 15  lations  and  policy  statements  of  such  an agency applicable to such

 16  sales. Such tax on tobacco products shall be imposed as follows: (a)  on

 17  tobacco  products  other than moist snuff, such tax shall be at the rate

 18  of twenty percent of the wholesale price, or (b) on  moist  snuff,  such

 19  tax  shall  be  at  the rate of thirty-nine cents per ounce. Such tax on

 20  tobacco products  and  is intended to be imposed only once upon the sale

 21  of any tobacco products. It shall be presumed that all tobacco  products

 22  within  the  state are subject to tax until the contrary is established,

 23  and the burden of proof that any tobacco products are not taxable  here-

 24  under shall be upon the person in possession thereof.

 25    §  3.  Subdivision  1  of  section 471-c of the tax law, as amended by

 26  chapter 57 of the laws of 1993, is amended to read as follows:

 27    1. There is hereby imposed and shall be paid  a  tax  on  all  tobacco

 28  products  used in the state by any person, except that no such tax shall

                                        134                        12026-02-1

  1  be imposed (1) if the tax provided in section four hundred seventy-one-b

  2  of this article is paid, or (2) on the use of tobacco products which are

  3  exempt from the tax imposed by said section, or (3) on the  use  of  two

  4  hundred  fifty  cigars or less or five pounds or less of tobacco brought

  5  into the state on, or in the possession of,  any  person.  Such  tax  on

  6  tobacco  products  shall  be imposed as follows: (a) on tobacco products

  7  other than moist snuff, such tax shall be at the rate of twenty  percent

  8  of  the  wholesale price or (b) on moist snuff, such tax shall be at the

  9  rate of thirty-nine cents per ounce.   Within  twenty-four  hours  after

 10  liability  for  the  tax  accrues,  each such person shall file with the

 11  commissioner  of taxation and finance  a return in such form as  he  the

 12  commissioner may prescribe together with a remittance of the  tax  shown

 13  to  be  due  thereon. For purposes of this article, the word "use" means

 14  the exercise of any right or power  actual  or  constructive  and  shall

 15  include  but  is  not  limited to the receipt, storage or any keeping or

 16  retention for any length of time, but shall not include  possession  for

 17  sale.  All  the  other  provisions of this article, if not inconsistent,

 18  shall apply to the administration and enforcement of the tax imposed  by

 19  this  section  in  the same manner as if the language of said provisions

 20  had been incorporated in full into this section.

 21    § 4. Subdivision 1 of section 473-a of the tax law, as added by  chap-

 22  ter 61 of the laws of 1989, is amended to read as follows:

 23    1.  Every  distributor  shall,  on or before the twentieth day of each

 24  month, file with the commissioner  of taxation and finance  a return  on

 25  forms  to  be  prescribed and furnished by the commissioner, showing the

 26  quantity and wholesale price of all tobacco products imported or  caused

 27  to  be imported into the state by  him  such distributor or manufactured

 28  in the state by  him  such distributor, during  the  preceding  calendar

                                        135                        12026-02-1

  1  month.  For  moist  snuff,  such return shall also include the weight in

  2  ounces. Every distributor authorized by the commissioner to make returns

  3  and pay the tax on tobacco products sold, shipped or delivered by   him 

  4  such  distributor to any person in the state shall file a return showing

  5  the quantity and wholesale  price  of  all  tobacco  products  so  sold,

  6  shipped  or  delivered  during  the  preceding calendar month. For moist

  7  snuff, such return shall also include the weight  in  ounces.  Provided,

  8  however,  the commissioner may, if  he  the commissioner deems it neces-

  9  sary in order to insure the payment of the taxes imposed by  this  arti-

 10  cle,  require returns to be made at such times and covering such periods

 11  as  he  the commissioner may deem necessary,  and,  by  regulation,  may

 12  permit  the  filing  of  returns  on  a quarterly, semi-annual or annual

 13  basis, or may waive the filing of returns by a distributor for such time

 14  and upon such terms as he may deem  proper  if  satisfied  that  no  tax

 15  imposed  by this article is or will be payable by  him  such distributor

 16  during the time for which returns are waived. Such returns shall contain

 17  such further information as the commissioner may require.

 18    § 5. Subdivisions 2, 3 and 4 of section 474 of the tax  law,  subdivi-

 19  sions 2 and 3 as added and subdivision 4 as amended by chapter 61 of the

 20  laws of 1989, are amended to read as follows:

 21    2.  Every  person who shall possess or transport more than two hundred

 22  fifty cigars or more than five pounds of tobacco upon the  public  high-

 23  ways,  roads or streets of the state, shall be required to have in  his 

 24  such person's actual possession invoices or delivery  tickets  for  such

 25  tobacco  products. Such invoices or delivery tickets shall show the name

 26  and address of the consignor or seller, the  name  and  address  of  the

 27  consignee  or purchaser, the quantity and brands of the tobacco products

 28  transported, and the name and address of the person  who  has  or  shall

                                        136                        12026-02-1

  1  assume the payment of the tax and the wholesale price or the tax paid or

  2  payable. For moist snuff such invoice or delivery ticket shall also show

  3  weight in ounces. The absence of such invoices or delivery tickets shall

  4  be prima facie evidence that such person is a dealer in tobacco products

  5  in this state and subject to the requirements of this article.

  6    3.  Every  dealer  or distributor or employee thereof, or other person

  7  acting on behalf of a dealer or distributor, who shall possess or trans-

  8  port more than fifty cigars or more than one pound of tobacco  upon  the

  9  public  highways,  roads  or  streets of the state, shall be required to

 10  have in  his  such persons' actual possession invoices or delivery tick-

 11  ets for such tobacco products. Such invoices or delivery  tickets  shall

 12  show  the  name  and  address  of  the consignor or seller, the name and

 13  address of the consignee or purchaser, the quantity and  brands  of  the

 14  tobacco products transported, and the name and address of the person who

 15  has  or  shall  assume the payment of the tax and the wholesale price or

 16  the tax paid or payable. For moist snuff such invoice or delivery ticket

 17  shall also show weight in ounces. The absence of such invoices or deliv-

 18  ery tickets shall be prima facie evidence that the tax imposed  by  this

 19  article on tobacco products has not been paid and is due and owing.

 20    4.  At  the  time of delivering cigarettes to any person each agent or

 21  wholesale dealer, and at the time of delivering tobacco products to  any

 22  person  each  distributor or wholesale dealer of tobacco products, shall

 23  make a true duplicate invoice showing the date of delivery,  the  number

 24  of packages and number of cigarettes contained therein, in each shipment

 25  of  cigarettes delivered, and the items and quantity and wholesale price

 26  of each item in each shipment of tobacco  products  delivered,  and  the

 27  name  of  the  purchaser  to whom delivery is made, and shall retain the

 28  same for a period of three years subject to the use  and  inspection  of

                                        137                        12026-02-1

  1  the commissioner  of taxation and finance . For moist snuff such invoice

  2  shall  also  show weight in ounces. Each dealer shall procure and retain

  3  invoices showing  the  number  of  packages  and  number  of  cigarettes

  4  contained therein, in each shipment of cigarettes received by  him  such

  5  dealer,  and  the items and quantity and wholesale price of each item in

  6  each shipment of tobacco products received by   him   such  dealer,  the

  7  date thereof, and the name of the shipper, and shall retain the same for

  8  a period of three years subject to the use and inspection of the commis-

  9  sioner   of  taxation  and  finance . For moist snuff such invoice shall

 10  also show weight in ounces. The commissioner  of taxation  and  finance 

 11  by  regulation  may provide that whenever cigarettes or tobacco products

 12  are shipped into the  state,  the  railroad  company,  express  company,

 13  trucking company or other public carrier transporting any shipment ther-

 14  eof shall file with the commissioner  of taxation and finance  a copy of

 15  the freight bill within ten days after the delivery in the state of each

 16  shipment.  All  dealers  shall  maintain  and keep for a period of three

 17  years such other records of cigarettes  or  tobacco  products  received,

 18  sold or delivered within the state as may be required by the commission-

 19  er  of taxation and finance . The commissioner  of taxation and finance 

 20  is  hereby  authorized  to examine the books, papers, invoices and other

 21  records of any person in possession, control or occupancy of  any  prem-

 22  ises  where  cigarettes  or tobacco products are placed, stored, sold or

 23  offered for sale, and the equipment of any such person pertaining to the

 24  stamping of cigarettes or the sale and delivery of cigarettes or tobacco

 25  products taxable under this article, as well as the stock of  cigarettes

 26  or tobacco products in any such premises or vehicle. To verify the accu-

 27  racy  of  the tax imposed and assessed by this article, each such person

 28  is hereby directed and required to give to the commissioner  of taxation

                                        138                        12026-02-1

  1  and finance  or his duly authorized representatives, the means,  facili-

  2  ties  and  opportunity  for such examinations as are herein provided for

  3  and required.

  4    §  6.  This  act  shall take effect on the first day of the month next

  5  succeeding 90 days after the date on which this act shall have become  a

  6  law, and shall apply to moist snuff which first becomes subject to taxa-

  7  tion  under  article  20 of the tax law on or after such date, provided,

  8  however, that any  rules  or  regulations  necessary  to  implement  the

  9  provisions  of this act may be promulgated and any procedures, forms, or

 10  instructions necessary for such implementation may be adopted and issued

 11  on and after the date this act shall have become a law.

 12    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-

 13  sion, section or part of this act shall be  adjudged  by  any  court  of

 14  competent  jurisdiction  to  be invalid, such judgment shall not affect,

 15  impair, or invalidate the remainder thereof, but shall  be  confined  in

 16  its  operation  to the clause, sentence, paragraph, subdivision, section

 17  or part thereof directly involved in the controversy in which such judg-

 18  ment shall have been rendered. It is hereby declared to be the intent of

 19  the legislature that this act would  have  been  enacted  even  if  such

 20  invalid provisions had not been included herein.

 21    §  3.  This  act shall take effect immediately provided, however, that

 22  the applicable effective date of Parts A through O of this act shall  be

 23  as specifically set forth in the last section of such Parts.