2002-03 Budget - Article 7 Bill s6260: Revenue

                STATE OF NEW YORK
       ________________________________________________________________________
  
         S. 6260                                                  A. 9762

                SENATE - ASSEMBLY
 
                                   January 28, 2002
                                      ___________
 
       IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
         cle seven of the Constitution -- read twice and ordered  printed,  and
         when printed to be committed to the Committee on Finance
 
       IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
         article seven of the Constitution -- read once  and  referred  to  the
         Committee on Ways and Means
 
       AN  ACT to amend chapter 405 of the laws of 1999 amending the real prop-
         erty tax law relating to improving the administration  of  the  school
         tax  relief (STAR) program and other laws, in relation to the authori-
         zation to operate the quick draw lottery game (Part A); to  amend  the
         tax law, in relation to eliminating various restrictions on the opera-
         tion  of  Quick  Draw  (Part  B); to amend the tax law, in relation to
         authorizing up to three instant  games  with  a  seventy-five  percent
         prize payout (Part C); to authorize and direct the comptroller to make
         deposits  to  the dedicated highway and bridge trust fund (Part D); to
         amend the tax law, in relation to making technical corrections regard-
         ing the reduced rate of sales tax on the sale of transportation, tran-
         smission or distribution of gas or electricity (Part E); to amend  the
         tax  law,  in relation to the residential fuel oil storage tank credit
         under the personal income tax; and to repeal certain provisions of the
         tax law relating thereto (Part F); to amend the state finance law  and
         the  tax  law, in relation to dedicating revenues from the tax imposed
         under article 28-A of the tax law to the dedicated highway and  bridge
         trust  fund (Part G); to amend the tax law, in relation to calculating
         the amount of tax required to be prepaid for purposes of  the  prepay-
         ment  of  sales  tax  on  cigarettes  (Part H); to amend the alcoholic
         beverage control law, in relation  to  permitting  the  inspection  of
         certain  stores,  premises  and other locations licensed to sell beer,
         liquor or wine at retail for off-premises  consumption  and  to  amend
         chapter 508 of the laws of 1993, amending the tax law and the criminal
         procedure  law  relating  to enhancing the enforcement of the taxes on
         alcoholic beverages with respect to liquors, in relation to the effec-
         tiveness thereof (Part I); to amend  the  alcoholic  beverage  control
         law,  in  relation  to the adjustment of license and permit fees (Part
         J); to amend the public housing law, in  relation  to  increasing  the
         dollar  amount  of  statewide limitation on the low-income housing tax
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12374-01-2

         S. 6260                             2                            A. 9762

  
           credit (Part K); 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 (Part L); to  amend  the
           tax law, in relation to providing reports to the comptroller to aid in
           the administration and enforcement of the abandoned property law (Part
           M);  to  amend  the tax law, in relation to the attribution of certain
           receipts of OTC derivatives dealers under article  9-A  thereof  (Part
           N);  to  amend  the tax law, in relation to participation in the elec-
           tronic funds transfer program prescribed by  section  9  of  such  law
           (Part  O);  to  amend  the  tax  law, in relation to sales and use tax
           filing and payment procedures for certain taxpayers (Part P); to amend
           the tax law, in relation to amending the definition of a new  business
           for  purposes  of  the  refundability  of certain new business credits
           under articles 9-A, 22, 32 and 33 of such law, and to make  conforming
           and  clarifying amendments; to amend the general municipal law and the
           tax law, in relation to extending the empire zone program  and  making
           technical  corrections  to  the empire zones program act; and to amend
           the tax law, in relation to the empire  zone  wage  tax  credit  under
           articles  9-A  and  22  of such law (Part Q); to amend the tax law, in
           relation to the ordering of credits under articles 9, 9-A, 32  and  33
           of  such law (Part R); and to amend the tax law and the administrative
           code of the city of New York, in relation to extending  the  tax  rate
           reduction  under  the  New York state real estate transfer tax and the
           New York city real property transfer tax for conveyances of real prop-
           erty to existing real estate investment trusts (Part S)
           The People of the State of New York, represented in Senate and  Assem-
         bly, do enact as follows:
      1    Section  1.  This  act enacts into law major components of legislation
      2  which are necessary to implement the state fiscal plan for the 2002-2003
      3  state fiscal year.  Each component is wholly  contained  within  a  Part
      4  identified  as Parts A through S. 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. Section 1 of part J of chapter 405 of  the  laws  of  1999,
     14  amending  the  real  property tax law relating to improving the adminis-
     15  tration of the school tax relief  (STAR)  program  and  other  laws,  as
     16  amended  by  section  1 of part M of chapter 383 of the laws of 2001, is
     17  amended to read as follows:
     18    Section 1. Notwithstanding the provisions of article 5 of the  general
     19  construction  law,  the  provisions  of  the tax law amended by sections
     20  94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby  revived
     21  and shall continue in full force and effect as they existed on March 31,
     22  1999  [through March 31, 2002, when upon such date they shall expire and
     23  be repealed]. Sections 1, 2, 3, 4, and 5, and such part of section 10 of
     24  chapter 336 of the laws of 1999 as relates to providing for  the  effec-

         S. 6260                             3                            A. 9762

      1  tiveness  of such sections 1, 2, 3, 4 and 5 shall be nullified in effect
      2  on the effective date of this section, except that the  amendments  made
      3  to:  paragraph  (2)  of  subdivision a of section 1612 of the tax law by
      4  such section 1; and subdivision b of section 1612 of the tax law by such
      5  section  2;  and the repeal of section 152 of chapter 166 of the laws of
      6  1991 made by such section 5 shall continue to remain in effect.
      7    § 2. This act shall take effect immediately.
      8                                   PART B
      9    Section 1. Paragraph 1 of subdivision a of section  1612  of  the  tax
     10  law,  as amended by chapter 2 of the laws of 1995, is amended to read as
     11  follows:
     12    (1) sixty percent of the total amount for which tickets have been sold
     13  for [a lawful lottery game introduced on or after the effective date  of
     14  this paragraph, subject to the following provisions:
     15    (A)  drawings  in such game shall be held during no more than thirteen
     16  hours each day, no more than eight hours of which shall be consecutive;
     17    (B) such game shall be available only on premises occupied by licensed
     18  lottery sales agents, subject to the following provisions:
     19    (i) if the licensee holds a license issued pursuant to  the  alcoholic
     20  beverage  control law to sell alcoholic beverages for consumption on the
     21  premises, then not less than twenty-five percent of the gross sales must
     22  result from sales of food;
     23    (ii) if the licensee does not hold a license issued  pursuant  to  the
     24  alcoholic  beverage control law to sell alcoholic beverages for consump-
     25  tion on the premises, then the  premises  must  have  a  minimum  square
     26  footage greater than two thousand five hundred square feet;
     27    (iii)  notwithstanding  the foregoing provisions, television equipment
     28  that  automatically  displays  the  results  of  such  drawings  may  be
     29  installed and used without regard to the percentage of food sales or the
     30  square footage if such premises are used as:
     31    (I) a commercial bowling establishment, or
     32    (II)  a facility authorized under the racing, pari-mutuel wagering and
     33  breeding law to accept pari-mutuel wagers;
     34    (C) the] a game currently called "Quick Draw". The rules for the oper-
     35  ation of such game shall be as prescribed by regulations promulgated and
     36  adopted by the division, provided however, that such rules shall provide
     37  that no person under the age of twenty-one may participate in such games
     38  on the premises of a licensee who holds a license issued pursuant to the
     39  alcoholic beverage control law to sell alcoholic beverages for  consump-
     40  tion on the premises[; and, provided, further, that such regulations may
     41  be  revised  on  an emergency basis not later than ninety days after the
     42  enactment of this paragraph in order to conform such regulations to  the
     43  requirements of this paragraph]; or
     44    §  2.  This act shall take effect immediately; provided, however, that
     45  the amendment to paragraph 1 of subdivision a of section 1612 of the tax
     46  law made by section one of this act shall not affect the repeal of  such
     47  paragraph and shall be deemed repealed therewith.
     48                                   PART C
     49    Section  1.  Paragraph  2  of subdivision a of section 1612 of the tax
     50  law, as amended by chapter 336 of the laws of 1999, is amended  to  read
     51  as follows:

         S. 6260                             4                            A. 9762

      1    (2) sixty-five percent of the total amount for which tickets have been
      2  sold  for  the  "Instant Cash" game in which the participant purchases a
      3  preprinted ticket on which dollar amounts or symbols  are  concealed  on
      4  the  face  or the back of such ticket, provided however up to three such
      5  games may be offered during the fiscal year, seventy-five percent of the
      6  total  amount  for  which tickets have been sold for such three games in
      7  which the participant purchases a  preprinted  ticket  on  which  dollar
      8  amounts or symbols are concealed on the face or the back of such ticket;
      9  or
     10    § 2. Subdivision b of section 1612 of the tax law, as amended by chap-
     11  ter 336 of the laws of 1999, is amended to read as follows:
     12    b. Notwithstanding section one hundred twenty-one of the state finance
     13  law,  on  or  before the twentieth day of each month, the division shall
     14  pay into the state treasury, to the credit of  the  state  lottery  fund
     15  created  by section ninety-two-c of the state finance law, not less than
     16  forty-five percent of the total amount for which tickets have been  sold
     17  for  games  defined  in  paragraph four of subdivision a of this section
     18  during the preceding month, not less than  thirty-five  percent  of  the
     19  total amount for which tickets have been sold for games defined in para-
     20  graph three of subdivision a of this section during the preceding month,
     21  not  less than twenty percent of the total amount for which tickets have
     22  been sold for games defined in paragraph two of subdivision  a  of  this
     23  section during the preceding month, provided however that for games with
     24  a  prize  payout  of  seventy-five percent of the total amount for which
     25  tickets have been sold, the division shall pay not less than ten percent
     26  of sales into the state treasury and not less than  twenty-five  percent
     27  of  the  total amount for which tickets have been sold for games defined
     28  in paragraph one of subdivision a of this section during  the  preceding
     29  month.  Within  twenty days after any award of lottery prizes, the divi-
     30  sion shall pay into the state treasury,  to  the  credit  of  the  state
     31  lottery  fund,  the  balance of all moneys received from the sale of all
     32  tickets for the lottery in which  such  prizes  were  awarded  remaining
     33  after provision for the payment of prizes as herein provided. Any reven-
     34  ues  derived  from  the  sale of advertising on lottery tickets shall be
     35  deposited in the state lottery fund.
     36    § 3. This act shall take effect immediately.
     37                                   PART D
     38    Section 1. Notwithstanding any other law, rule or  regulation  to  the
     39  contrary,  the  comptroller is hereby authorized and directed to deposit
     40  in equal monthly installments the amounts listed below to the credit  of
     41  the  dedicated  highway  and  bridge trust fund from taxes now deposited
     42  into the general fund pursuant to the  provisions  of  the  vehicle  and
     43  traffic  law:    one  hundred  seventy-one  million six hundred thousand
     44  dollars from April 1, 2002 through  March  31,  2003;  and  one  hundred
     45  fifty-two  million  seven  hundred  thousand  dollars from April 1, 2003
     46  through March 31, 2004.
     47    § 2. This act shall take effect April 1, 2002; provided,  however,  if
     48  this  act  shall become a law after such date it shall take effect imme-
     49  diately and shall be deemed to have been in full force and effect on and
     50  after April 1, 2002.
     51                                   PART E

         S. 6260                             5                            A. 9762

      1    Section 1. Section 1105-C of the tax law is amended by  adding  a  new
      2  subdivision (d) to read as follows:
      3    (d) For the purpose of the reduced rate of tax provided by subdivision
      4  (a)  of  this section, the following shall apply to a sale, other than a
      5  sale for resale, of the transportation, transmission or distribution  of
      6  gas  or  electricity  by  a vendor not subject to the supervision of the
      7  public service commission where  such  transportation,  transmission  or
      8  distribution  service  being sold is wholly within a service area of the
      9  state wherein the public  service  commission  shall  have  approved  by
     10  formal order a single retailer model for the regulated utility which has
     11  the responsibility to serve that area. Where such a vendor makes a sale,
     12  other than a sale for resale, of gas or electricity to be delivered to a
     13  customer  within such service area and, for the purpose of transporting,
     14  transmitting or distributing such gas or electricity, also makes a  sale
     15  of  transportation, transmission or distribution service to such custom-
     16  er, the charge for the transportation, transmission or  distribution  of
     17  gas  or electricity wholly within such service area made by such vendor,
     18  notwithstanding paragraph three of subdivision  (b)  of  section  eleven
     19  hundred  one  of  this article, shall not be included in the receipt for
     20  such gas or electricity, and, therefore, shall qualify for such  reduced
     21  rate.
     22    §  2.  This  act  shall take effect immediately and shall be deemed to
     23  have been in full force and effect on and after September 1,  2000,  and
     24  shall  apply  to sales made, services rendered and uses occurring on and
     25  after such date although made,  rendered  or  occurring  under  a  prior
     26  contract.
     27                                   PART F
     28    Section 1. Subsection (p-1) of section 606 of the tax law, as added by
     29  section  1  of  part  N of chapter 63 of the laws of 2000, is amended to
     30  read as follows:
     31    (p-1) Residential fuel oil storage tank credit. (1) Allowance of cred-
     32  it.  A taxpayer shall be allowed a credit, to be computed as hereinafter
     33  provided, against the tax imposed by this article for the removal[,]  or
     34  permanent  closure  [or]  and  installation  of a below-ground or above-
     35  ground residential fuel oil storage tank used to  provide  heating  fuel
     36  for single to four-family residences located in this state.
     37    (2)  Amount of credit. The amount of the credit shall be equal to [the
     38  sum of:
     39    (A)] the costs of removal  [during  the  taxable  year]  or  permanent
     40  closure of an existing unprotected below-ground or above-ground residen-
     41  tial fuel oil tank[, not to exceed two hundred fifty dollars;
     42    (B) the costs of permanently closing during the taxable year an exist-
     43  ing  unprotected below-ground or above-ground residential fuel oil tank,
     44  not to exceed two hundred fifty dollars; and
     45    (C)] and the purchase and installation costs of a new below-ground  or
     46  above-ground residential fuel oil storage tank which is installed during
     47  the taxable year [and], where such new tank is used in place of [a] such
     48  formerly  used unprotected below-ground or above-ground residential fuel
     49  oil tank [and provided that such unprotected tank] which was removed  or
     50  permanently  closed during the taxable year or the immediately preceding
     51  taxable year, not to exceed [two] five hundred [fifty] dollars.
     52    (3) Limitation. [The costs described in subparagraphs (A), (B) and (C)
     53  of paragraph two of this subsection with respect to a  particular  resi-
     54  dence  may be used only once in computing a] A credit allowed under this

         S. 6260                             6                            A. 9762

      1  subsection may be allowed only once with respect to a  particular  resi-
      2  dence.
      3    (4)  Carryover.  If  the  amount  of  the  credit allowable under this
      4  subsection exceeds the taxpayer's tax for any taxable year,  the  excess
      5  may  be  carried over to the following year or years and may be deducted
      6  from the taxpayer's tax for such year or years.
      7    § 2.  Subsection (p-1) of section 606 of the tax law is REPEALED.
      8    § 3. This act shall take effect April 1, 2002; except that section two
      9  of this act shall take effect January 1, 2004;  and  provided  that  the
     10  amendments  to  subsection  (p-1) of section 606 of the tax law, made by
     11  section one of this act, shall apply to taxable years beginning in  2002
     12  and 2003 and only for any existing residential fuel oil tanks removed or
     13  closed after March 31, 2002.
     14                                   PART G
     15    Section 1. Paragraph (a) of subdivision 3 of section 89-b of the state
     16  finance  law,  as  amended by section 12 of part EE of chapter 63 of the
     17  laws of 2000, is amended to read as follows:
     18    (a) The special obligation reserve and payment account  shall  consist
     19  (i)  of all moneys required to be deposited in the dedicated highway and
     20  bridge trust fund pursuant to the provisions  of  sections  two  hundred
     21  eighty-nine-e, three hundred one-j [and], five hundred fifteen and elev-
     22  en  hundred  sixty-seven of the tax law, section four hundred one of the
     23  vehicle and traffic law, and section thirty-one of [this] chapter [which
     24  amends this sentence] fifty-six of the laws of nineteen hundred  ninety-
     25  three,  (ii)  all fees, fines or penalties collected by the commissioner
     26  of transportation pursuant to section fifty-two and  subdivisions  five,
     27  eight and twelve of section eighty-eight of the highway law, subdivision
     28  fifteen  of section three hundred eighty-five of the vehicle and traffic
     29  law, section fifteen of this chapter, excepting  moneys  deposited  with
     30  the  state  on  account of betterments performed pursuant to subdivision
     31  twenty-seven or subdivision thirty-five of section ten  of  the  highway
     32  law, and (iii) any other moneys collected therefor or credited or trans-
     33  ferred thereto from any other fund, account or source.
     34    §  2. Section 1165 of the tax law, as added by chapter 190 of the laws
     35  of 1990, is amended to read as follows:
     36    § 1165. Administrative provisions. The tax imposed by  section  eleven
     37  hundred  sixty  of this article shall be administered and collected in a
     38  like manner as and jointly with the taxes  imposed  by  sections  eleven
     39  hundred  five  and  eleven  hundred  ten of article twenty-eight of this
     40  chapter. All of the provisions  of  such  article  twenty-eight  (except
     41  sections  eleven  hundred  seven,  eleven  hundred  eight  [and], eleven
     42  hundred nine and eleven hundred forty-eight) relating to  or  applicable
     43  to the administration, collection[,] and review [and disposition] of the
     44  taxes  imposed  by  such sections eleven hundred five and eleven hundred
     45  ten, including, but not limited to, the  provisions  relating  to  defi-
     46  nitions, exemptions, returns, personal liability for the tax, collection
     47  of  tax from the customer, collection of tax at the time of registration
     48  of a motor vehicle and payment of tax by a person  required  to  file  a
     49  return,  shall  apply  to the tax imposed by this article so far as such
     50  provisions can be made applicable to the tax  imposed  by  this  article
     51  with  such  limitations  as set forth in this article and such modifica-
     52  tions as may be necessary in order to adapt such language to the tax  so
     53  imposed.  Such  provisions shall apply with the same force and effect as
     54  if the language of those provisions had been set forth in full  in  this

         S. 6260                             7                            A. 9762

      1  article  except  to the extent that any provision is either inconsistent
      2  with a provision of this article or is not relevant to the  tax  imposed
      3  by  this article. For purposes of this article, any reference in article
      4  twenty-eight to the tax or taxes imposed by such article shall be deemed
      5  to  refer  to  the  tax  imposed by this article also unless a different
      6  meaning is  clearly  required.  Provided,  further,  however,  that  the
      7  provisions  of  subdivision  seven of section eleven hundred eighteen of
      8  this chapter shall apply to the tax on uses within this state imposed by
      9  section eleven hundred sixty of this article only in the event that  the
     10  rate of the retail sales or use tax paid, under the conditions described
     11  in such subdivision seven, to any other state or jurisdiction within any
     12  other  state  exceeds  the  aggregate  rate  of the compensating use tax
     13  imposed under section eleven hundred ten of this chapter and any compen-
     14  sating use tax imposed pursuant to the authority of article  twenty-nine
     15  of  this  chapter, and in such event only with respect to the difference
     16  between the rate paid to such other state or  jurisdiction  thereof  and
     17  such  aggregate rate. Provided, further, that for purposes of this arti-
     18  cle and for articles twenty-eight and twenty-nine of this  chapter,  the
     19  provisions of section eleven hundred seventeen of this chapter shall not
     20  apply  to  the rental, as such term is defined in this article, of motor
     21  vehicles and that the provisions contained  in  section  eleven  hundred
     22  thirty-six  of  this  chapter  with  respect  to filing a part-quarterly
     23  return monthly and section eleven hundred thirty-seven-A of this chapter
     24  relating to returns and payments of estimated tax shall not apply to the
     25  tax imposed under this article.
     26    § 3. The tax law is amended by adding a new section 1167  to  read  as
     27  follows:
     28    §  1167.  Deposit  and disposition of revenue. All taxes, interest and
     29  penalties collected or received by the commissioner under  this  article
     30  shall be deposited and disposed of pursuant to the provisions of section
     31  one  hundred seventy-one-a of this chapter, except as otherwise provided
     32  in section eighty-nine-b of the state finance law.
     33    § 4. This act shall take effect immediately and shall apply to  taxes,
     34  penalties  and  interest  collected  or  received by the commissioner of
     35  taxation and finance under article 28-A of the tax law on or after April
     36  1, 2002.
     37                                   PART H
     38    Section 1. Subdivision (j) of section 1111 of the tax law, as added by
     39  chapter 2 of the laws of 1995, is amended to read as follows:
     40    (j) (1) The tax required to be  prepaid  pursuant  to  section  eleven
     41  hundred  three of this article shall be computed by multiplying the base
     42  retail price by a tax rate of seven  percent  and  rounding  the  result
     43  thereof to the nearest whole cent per package.
     44    (2) For purposes of this subdivision, the base retail price shall mean
     45  for  the  period  September first, nineteen hundred ninety-five, through
     46  August thirty-first, nineteen hundred ninety-six, one  dollar  for  each
     47  package of cigarettes containing ten cigarettes or fraction thereof, and
     48  two  dollars for each package of cigarettes containing twenty cigarettes
     49  or fraction thereof in excess of ten and, if  a  package  contains  more
     50  than  twenty  cigarettes,  the  base  retail price shall be increased by
     51  fifty cents for each five cigarettes or fraction thereof  in  excess  of
     52  twenty. [Provided, however, if the United States of America enacts a law
     53  by  July first, nineteen hundred ninety-five, imposing on manufacturers,
     54  distributors, wholesalers, retailers, agents  or  other  persons,  other

         S. 6260                             8                            A. 9762

      1  than  retail  consumers, a new or additional excise tax on cigarettes or
      2  repealing or reducing the rate of  such  a  tax,  and  such  imposition,
      3  repeal  or  reduction  becomes  effective no later than September first,
      4  nineteen  hundred  ninety-five,  then the base retail price set forth in
      5  the preceding sentence shall be increased by the amount of  the  new  or
      6  additional federal excise tax or reduced by the amount of such repeal or
      7  reduction,  as  effective on or before September first, nineteen hundred
      8  ninety-five, applicable to such quantities  of  cigarettes.  Commencing]
      9  Effective  for  the  twelve-month  period commencing on the first day of
     10  September[, nineteen hundred ninety-six, and on the first day of Septem-
     11  ber] of each year [thereafter], the base retail price [then in effect on
     12  the immediately preceding August  thirty-first]  for  any  such  package
     13  shall  be  adjusted as follows: [Such] As soon as practicable after June
     14  first of each year, the base retail price in effect for the twelve-month
     15  period commencing on the immediately preceding September first shall  be
     16  multiplied  by  a fraction, the numerator of which is the [sum] total of
     17  the sums of the [monthly consumer price indices for all urban  consumers
     18  for  the  northeast urban region (unadjusted) published by the bureau of
     19  labor statistics of the United States department of labor for the  cate-
     20  gory of commodities designated tobacco and smoking products] manufactur-
     21  ers' list price for a carton of standard brand cigarettes containing ten
     22  packages of twenty cigarettes and the amount of cigarette tax imposed by
     23  subdivision  one  of section four hundred seventy-one of this chapter on
     24  such a carton of cigarettes, in effect on the first day of  each  month,
     25  for  each  of the twelve consecutive months ending with [the immediately
     26  preceding] such month of [May] June, and the denominator of which is the
     27  [sum] total of the sums of the [monthly consumer price indices  for  all
     28  urban consumers for the northeast urban region (unadjusted) published by
     29  such  bureau of labor statistics for such category of products] manufac-
     30  turers' list price for such a carton of cigarettes  and  the  amount  of
     31  cigarette  tax imposed by subdivision one of section four hundred seven-
     32  ty-one of this chapter on such a carton of cigarettes, in effect on  the
     33  first  day  of  each  month,  for  each of the twelve consecutive months
     34  ending with the month of [May in]  June  of  the  immediately  preceding
     35  year. Provided, however, for purposes of the adjustment to any such base
     36  retail  price  required  for  the period commencing September first, two
     37  thousand two, the denominator shall be such total with  respect  to  the
     38  twelve  consecutive  months  ending  with  the  month  of June, nineteen
     39  hundred ninety-seven. The manufacturers' list  price  for  a  carton  of
     40  standard  brand  cigarettes containing ten packages of twenty cigarettes
     41  in effect on the first day of a month shall be determined by calculating
     42  a weighted average of each of the major manufacturer's list  prices  for
     43  such a carton of cigarettes in effect on the first day of such month, as
     44  such  list  prices are reported to the department by such manufacturers,
     45  in the department's determination of the cost of cigarettes under  arti-
     46  cle  twenty-A  of  this  chapter,  and using the most recently published
     47  annual national market shares of such major manufacturers.  The  commis-
     48  sioner  shall  cause  to  be  published in the section for miscellaneous
     49  notices in the state register, and give other appropriate general notice
     50  of, the base retail price adjustment calculation and the resulting  base
     51  retail  price  fixed by this section for the period commencing September
     52  first of each year beginning September first, nineteen  hundred  ninety-
     53  six,  no  later  than the immediately preceding first day of August. The
     54  calculation and publication  of  the  base  retail  price  so  fixed  by
     55  provisions  of  this section shall not be included within the definition
     56  of "rule" as defined in paragraph (a) of subdivision two of section  one

         S. 6260                             9                            A. 9762

      1  hundred  two  of the state administrative procedure act. The base retail
      2  prices determined pursuant to this paragraph shall  be  rounded  to  the
      3  nearest one-tenth of one cent for each package containing ten cigarettes
      4  or  fraction thereof, for each package containing twenty cigarettes and,
      5  if packages are sold in excess of twenty cigarettes and stamps have been
      6  issued therefor, for each such package.
      7    § 2. This act shall take effect immediately and shall apply to adjust-
      8  ments and determinations regarding the base retail price required to  be
      9  made for periods beginning on and after September 1, 2002.
     10                                   PART I
     11    Section  1.  Section  105  of  the  alcoholic  beverage control law is
     12  amended by adding a new subdivision 23 to read as follows:
     13    23. All premises licensed  under  sections  fifty-four,  fifty-four-a,
     14  sixty-three  and  seventy-nine  of  this  chapter  shall  be  subject to
     15  inspection by any peace officer acting pursuant to his  special  duties,
     16  or  police  officer  or  any duly authorized representative of the state
     17  liquor authority, during the hours when the said premises are  open  for
     18  the transaction of business.
     19    §  2.  Section 16 of chapter 508 of the laws of 1993, amending the tax
     20  law and the criminal procedure law relating to enhancing the enforcement
     21  of the taxes on alcoholic beverages with respect to liquors, as  amended
     22  by  section 103 of part A of chapter 389 of the laws of 1997, is amended
     23  to read as follows:
     24    § 16.  This act shall take effect on the first day of the first  month
     25  beginning more than 90 days after this act shall become a law; provided,
     26  however,  that  any  rules  or  regulations  necessary  to implement the
     27  provisions of this act may be promulgated and any procedures, forms,  or
     28  instructions necessary for such implementation may be adopted and issued
     29  on  or after the date this act shall have become a law [provided, howev-
     30  er, that all the provisions contained in this act shall remain  in  full
     31  force  and  effect until October 31, 2002 at which time such sections of
     32  the tax law shall revert to the language of such  sections  such  as  it
     33  existed  on  the  date  immediately preceding the effective date of this
     34  act].
     35    § 3. This act shall take effect immediately.
     36                                   PART J
     37    Section 1. The alcoholic beverage control law is amended by  adding  a
     38  new section 131 to read as follows:
     39    §  131.  Adjustment  of license and permit fees.  1. The payment of an
     40  adjusted fee shall be required for every license and permit provided for
     41  in this chapter.
     42    2. Except as provided in subdivision four of this section, for license
     43  or permit periods commencing on or after  the  effective  date  of  this
     44  section, the adjusted fee of a license provided for in subdivision four,
     45  nine  or  ten of section fifty-six of this chapter or in subdivision one
     46  of section seventy-nine-a of this chapter shall be the sum of the stated
     47  fee plus one-third of the  remainder  of  a  subtraction  in  which  the
     48  subtrahend is the stated fee and the minuend is the product of the stat-
     49  ed fee multiplied by a fraction the numerator of which is the sum of the
     50  monthly  producer  price  index  (unadjusted) published by the bureau of
     51  labor statistics of the United States department of labor for the  cate-
     52  gory  of  commodities  designated  "alcoholic  beverages" for the twelve

         S. 6260                            10                            A. 9762

      1  consecutive months ending with the month of December  two  thousand  one
      2  and  the  denominator  of which is the sum of the monthly producer price
      3  index (unadjusted) published by the bureau of labor  statistics  of  the
      4  United States department of labor for the category of commodities desig-
      5  nated  "alcoholic  beverages"  for  the twelve consecutive months ending
      6  with the month of December nineteen hundred ninety-two.
      7    3. Except as provided in subdivision five of this section, for license
      8  or permit periods commencing on or after  the  effective  date  of  this
      9  section,  the  adjusted  fee  for any license or permit not specified in
     10  subdivision two of this section shall be the sum of the stated fee  plus
     11  one-third  of  the remainder of a subtraction in which the subtrahend is
     12  the stated fee and the minuend is the product of the stated  fee  multi-
     13  plied  by  a  fraction  the numerator of which is the sum of the monthly
     14  producer price index (unadjusted)  published  by  the  bureau  of  labor
     15  statistics  of the United States department of labor for the category of
     16  commodities designated "alcoholic beverages" for the twelve  consecutive
     17  months ending with the month of December two thousand one and the denom-
     18  inator  of  which  is the sum of the monthly producer price index (unad-
     19  justed) published by the bureau of labor statistics of the United States
     20  department of labor for the category of commodities designated "alcohol-
     21  ic beverages" for the twelve consecutive months ending with the month of
     22  December nineteen hundred seventy-six.
     23    4. Except as provided in subdivision six of this section, for  license
     24  or  permit  periods  commencing  on  or after the first day of April two
     25  thousand three the adjusted fee of a  license  provided  in  subdivision
     26  four, nine or ten of section fifty-six of this chapter or in subdivision
     27  one  of  section  seventy-nine-a of this chapter shall be the sum of the
     28  stated fee plus two-thirds of the remainder of a  subtraction  in  which
     29  the  subtrahend  is the stated fee and the minuend is the product of the
     30  stated fee multiplied by a fraction the numerator of which is the sum of
     31  the monthly producer price index (unadjusted) published by the bureau of
     32  labor statistics of the United States department of labor for the  cate-
     33  gory  of  commodities  designated  "alcoholic  beverages" for the twelve
     34  consecutive months ending with the month of December  two  thousand  one
     35  and  the  denominator  of which is the sum of the monthly producer price
     36  index (unadjusted) published by the bureau of labor  statistics  of  the
     37  United States department of labor for the category of commodities desig-
     38  nated  "alcoholic  beverages"  for  the twelve consecutive months ending
     39  with the month of December nineteen hundred ninety-two.
     40    5. Except as provided  in  subdivision  seven  of  this  section,  for
     41  license  or permit periods commencing on or after the first day of April
     42  two thousand three, the adjusted fee for any license or permit not spec-
     43  ified in subdivision four of this section shall be the sum of the stated
     44  fee plus two-thirds of the remainder  of  a  subtraction  in  which  the
     45  subtrahend is the stated fee and the minuend is the product of the stat-
     46  ed fee multiplied by a fraction the numerator of which is the sum of the
     47  monthly  producer  price  index  (unadjusted) published by the bureau of
     48  labor statistics of the United States department of labor for the  cate-
     49  gory  of  commodities  designated  "alcoholic  beverages" for the twelve
     50  consecutive months ending with the month of December  two  thousand  one
     51  and  the  denominator  of which is the sum of the monthly producer price
     52  index (unadjusted) published by the bureau of labor  statistics  of  the
     53  United States department of labor for the category of commodities desig-
     54  nated  "alcoholic  beverages"  for  the twelve consecutive months ending
     55  with the month of December nineteen hundred seventy-six.

         S. 6260                            11                            A. 9762

      1    6. For license or permit periods commencing on or after the first  day
      2  of  April  two thousand four, the adjusted fee of a license provided for
      3  in subdivision four, nine or ten of section fifty-six of this chapter or
      4  in subdivision one of section seventy-nine-a of this  chapter  shall  be
      5  the  product of the stated fee multiplied by a fraction the numerator of
      6  which is the sum  of  the  monthly  producer  price  index  (unadjusted)
      7  published by the bureau of labor statistics of the United States depart-
      8  ment  of  labor  for  the  category of commodities designated "alcoholic
      9  beverages" for the twelve consecutive months ending with  the  month  of
     10  December two thousand one and the denominator of which is the sum of the
     11  monthly  price  index  (unadjusted)  published  by  the  bureau of labor
     12  statistics of the United States  department  of  labor  for  the  twelve
     13  consecutive  months  ending  with the month of December nineteen hundred
     14  ninety-two.
     15    7. For license or permit periods commencing on or after the  first  of
     16  April  two thousand four, the adjusted fee for any license or permit not
     17  specified in subdivision six of this section shall be the product of the
     18  stated fee multiplied by a fraction the numerator of which is the sum of
     19  the monthly producer price index (unadjusted) published by the bureau of
     20  labor statistics of the United States department of labor for the  cate-
     21  gory  of  commodities  designated  "alcoholic  beverages" for the twelve
     22  consecutive months ending with the month of December  two  thousand  one
     23  and  the  denominator  of  which  is  the sum of the monthly price index
     24  (unadjusted) published by the bureau of labor statistics of  the  United
     25  States department of labor for the twelve consecutive months ending with
     26  the month of December nineteen hundred seventy-six.
     27    8.  The adjusted fees computed in this section shall be rounded to the
     28  nearest dollar.
     29    9. Where the chairman  of  the  liquor  authority  decides  that  with
     30  respect  of  a  certain  alcoholic  beverage business any of the methods
     31  prescribed in this section do not fairly and equitably reflect alcoholic
     32  beverage control license and permit fees  in  the  state,  the  chairman
     33  shall  prescribe  methods  of  attribution  which  fairly  and equitably
     34  reflect alcoholic beverage control license and permit fees in the state.
     35    § 2. This act shall take effect on the first day of a  month  starting
     36  not less than 60 days after this act becomes a law.
     37                                   PART K
     38    Section  1.  Subdivision 4 of section 22 of the public housing law, as
     39  added by section 1 of part CC of chapter 63 of  the  laws  of  2000,  is
     40  amended to read as follows:
     41    4.  Statewide  limitation. The aggregate dollar amount of credit which
     42  the commissioner may allocate to  eligible  low-income  buildings  under
     43  this  article  shall  be  [two]  four  million  dollars.  The limitation
     44  provided by this subdivision applies only to allocation of the aggregate
     45  dollar amount of credit by the  commissioner,  and  does  not  apply  to
     46  allowance  to  a taxpayer of the credit with respect to an eligible low-
     47  income building for each year of the credit period.
     48    § 2. This act shall take effect immediately.
     49                                   PART L
     50    Section 1. Paragraphs 1 and 2 of subsection (t) of section 606 of  the
     51  tax  law,  as added by section 1 of part DD of chapter 63 of the laws of
     52  2000, are amended to read as follows:

         S. 6260                            12                            A. 9762

      1    (1) General. A resident taxpayer shall be allowed the option of claim-
      2  ing a credit, to be computed as  provided  in  paragraph  four  of  this
      3  subsection,  against  the  tax  imposed  by this article, or an itemized
      4  deduction, to be computed as provided in paragraph four of [subdivision]
      5  subsection  (d)  of  section  six  hundred  fifteen of this article, for
      6  allowable college tuition expenses.
      7    (2) Allowable and qualified college tuition expenses. For the purposes
      8  of this credit and the itemized deduction provided by paragraph four  of
      9  [subdivision]  subsection  (d)  of  section  six hundred fifteen of this
     10  article[,]:
     11    (A) [the] The term "allowable college tuition expenses" shall mean the
     12  amount of qualified college tuition expenses of eligible  students  paid
     13  by  the  taxpayer  during  the  taxable  year,  limited  to ten thousand
     14  dollars[, and] for each such student;
     15    (B) [the] The term "eligible student" shall  mean  the  taxpayer,  the
     16  taxpayer's  spouse,  and  any  dependent of the taxpayer with respect to
     17  whom the taxpayer is allowed an  exemption  under  section  six  hundred
     18  sixteen of this article for the taxable year;
     19    (C)  The  term  "qualified  college  tuition  expenses" shall mean the
     20  tuition required for the enrollment or attendance of [the taxpayer,  the
     21  taxpayer's  spouse,  or a dependent of the taxpayer with respect to whom
     22  the taxpayer is allowed an exemption under section six  hundred  sixteen
     23  of this article,] an eligible student at an institution of higher educa-
     24  tion.  Provided,  however, tuition payments made pursuant to the receipt
     25  of any scholarships or financial aid, or tuition required for enrollment
     26  or attendance in a course of study leading to the  granting  of  a  post
     27  baccalaureate or other graduate degree, shall be excluded from the defi-
     28  nition of "qualified college tuition expenses".
     29    (D)  Expenses  paid  by  dependent.  If an exemption under section six
     30  hundred sixteen of this article with respect to an individual is allowed
     31  to another taxpayer for a taxable year beginning in the calendar year in
     32  which such individual's taxable year begins,
     33    (i) no credit under this subsection or deduction under paragraph  four
     34  of  subsection  (d) of section six hundred fifteen of this article shall
     35  be allowed to such individual for such individual's taxable year, and
     36    (ii) for purposes of  such  credit  or  deduction,  qualified  college
     37  tuition  expenses paid by such individual during such individual's taxa-
     38  ble year shall be treated as paid by such other taxpayer.
     39    § 2. Subdivision (d) of section 11-1715 of the administrative code  of
     40  the  city  of New York is amended by adding a new paragraph 4 to read as
     41  follows:
     42    (4) allowable college tuition expenses, as defined in paragraph two of
     43  subsection (t) of section six hundred six of the state tax  law,  multi-
     44  plied  by the applicable percentage. Such applicable percentage shall be
     45  twenty-five percent for taxable years beginning  in  two  thousand  one,
     46  fifty  percent for taxable years beginning in two thousand two, seventy-
     47  five percent for taxable years beginning in two thousand three  and  one
     48  hundred  percent  for  taxable years beginning after two thousand three.
     49  Provided, however, no deduction shall be allowed under this paragraph to
     50  a taxpayer who claims  the  credit  provided  under  subsection  (t)  of
     51  section six hundred six of the state tax law.
     52    § 3. This act shall take effect immediately and shall apply to taxable
     53  years beginning on or after January 1, 2001.
     54                                   PART M

         S. 6260                            13                            A. 9762

      1    Section  1.  Section  211  of  the  tax law is amended by adding a new
      2  subdivision 12 to read as follows:
      3    12.  (a)  Notwithstanding  the provisions of subdivision eight of this
      4  section, the commissioner and the comptroller shall enter into an agree-
      5  ment pursuant to which the commissioner shall, upon request, provide the
      6  comptroller with a report,  not  more  frequently  than  annually,  with
      7  respect  to  corporations  or other entities which have filed a business
      8  corporation franchise tax report under this article for any taxable year
      9  within ten calendar years prior to the report to  the  comptroller  made
     10  pursuant  to  this  subdivision, providing the following information, to
     11  the extent that such information is readily available from  the  depart-
     12  ment's system for identifying taxpayer indicative data:
     13    (1) business name and legal name, if different;
     14    (2) business address and mailing address;
     15    (3) federal employer identification number;
     16    (4) date entered into business.
     17    (b)  Each  report to the comptroller made pursuant to this subdivision
     18  shall list each corporation or other entity with respect to  which  such
     19  report is made according to the total assets reported for the end of the
     20  year  on  its  most  recent available business corporation franchise tax
     21  report, in descending order. Such reports to the comptroller  shall  not
     22  disclose  the  actual  amount  of total assets reported on such business
     23  corporation franchise tax reports.
     24    (c) The information provided  to  the  comptroller  pursuant  to  this
     25  subdivision shall be used only for administration and enforcement of the
     26  abandoned  property  law. The comptroller may redisclose the information
     27  provided under  this  subdivision  only  to  the  extent  necessary  for
     28  enforcement or administration of the abandoned property law.
     29    (d)  The  reports  to  the comptroller required under this subdivision
     30  shall be submitted by electronic means or in some other format which  is
     31  mutually acceptable to the comptroller and the commissioner. The written
     32  agreement  with  the  comptroller  shall  set  forth  the procedures for
     33  providing the information the commissioner is allowed to disclose pursu-
     34  ant to this subdivision.
     35    (e) Notwithstanding article six of the  public  officers  law  or  any
     36  other  provision  of law, the reports to be furnished to the comptroller
     37  pursuant to this subdivision  shall  not  be  open  to  the  public  for
     38  inspection.
     39    § 2. This act shall take effect immediately.
     40                                   PART N
     41    Section  1.  Clause (B) of subparagraph 9 of paragraph (a) of subdivi-
     42  sion 3 of section 210 of the tax law, as added by section 2 of part K of
     43  chapter 63 of the laws of 2000, is amended to read as follows:
     44    (B) For purposes of this subparagraph,  the  term  "securities"  shall
     45  have  the  same  meaning as in section 475(c)(2) of the internal revenue
     46  code and the term "commodities"  shall  have  the  same  meaning  as  in
     47  section  475(e)(2)  of  the  internal revenue code. The term "registered
     48  securities or commodities broker or dealer" means  a  broker  or  dealer
     49  registered  as  such  by  the  securities and exchange commission or the
     50  commodities futures trading commission, and shall include an OTC deriva-
     51  tives dealer as defined under regulations of the securities and exchange
     52  commission at title 17, part 240, section 3b-12 of the code  of  federal
     53  regulations (17 CFR 240.3b-12).

         S. 6260                            14                            A. 9762

      1    § 2. This act shall take effect immediately and shall apply to taxable
      2  years beginning on or after January 1, 2003.
      3                                   PART O
      4    Section 1. Subparagraphs (B) and (C) of paragraph 2 of subdivision (b)
      5  of  section  9  of  the  tax law, as added by chapter 170 of the laws of
      6  1994, are amended to read as follows:
      7    (B) (i) By September first, [nineteen hundred ninety-four]  two  thou-
      8  sand  two,  the  commissioner shall, by certified mail, notify taxpayers
      9  newly required to participate in the electronic funds  transfer  program
     10  during  the July first, [nineteen hundred ninety-four through June thir-
     11  tieth, nineteen hundred ninety-five] two thousand two through June thir-
     12  tieth, two thousand three program  period.  Such  notice  shall  contain
     13  language  advising  the  taxpayer of the enrollment procedure and of the
     14  consequences of failure to enroll in such program, as  well  as  of  the
     15  taxpayer's  obligation to enroll in the program within forty-five calen-
     16  dar days of the mailing of the notice unless  such  taxpayer  challenges
     17  such  determination  of  required  participation by requesting a hearing
     18  within forty-five calendar days of the mailing of such notice. In  addi-
     19  tion,  such  notice  shall  specify  that such a taxpayer shall make its
     20  first payment of tax by electronic funds transfer by an  applicable  due
     21  date in January, [nineteen hundred ninety-five] two thousand three.
     22    [(C)]  (ii) By June first, [nineteen hundred ninety-five] two thousand
     23  three and by each succeeding June  first,  the  commissioner  shall,  by
     24  certified  mail,  notify  taxpayers newly required to participate in the
     25  electronic funds transfer program.  Such notice shall  contain  language
     26  advising  the  taxpayer  of  the  enrollment procedure and of the conse-
     27  quences of failure to enroll in such program, as well as of the  taxpay-
     28  er's  right  to  challenge  such determination of required participation
     29  provided a hearing is requested within twenty calendar days of the mail-
     30  ing of such notice. In addition, such notice shall specify that  such  a
     31  taxpayer  shall make its first payment of tax by electronic funds trans-
     32  fer by an applicable due date occurring on or after thirty calendar days
     33  following receipt by the taxpayer of the notice but no later than  sixty
     34  calendar days following receipt by the taxpayer of the notice.
     35    (iii) If a taxpayer does not enroll within forty-five or twenty calen-
     36  dar  days  (as  the  case  may  be)  of the mailing of [such] the notice
     37  provided for in clause (i) or (ii)  of  this  subparagraph  or  where  a
     38  taxpayer's challenge to mandatory participation is not sustained and the
     39  taxpayer has not enrolled within ten calendar days of notification ther-
     40  eof,  the  commissioner shall mail another notice, in addition to making
     41  other reasonable attempts, to inform the taxpayer of the  civil  penalty
     42  that  has  been assessed pursuant to subdivision (h) of this section, of
     43  the opportunity for abatement of such penalty, and of the future  penal-
     44  ties that may result from continued failure to enroll.
     45    §  2. Subdivision (d) of section 9 of the tax law, as amended by chap-
     46  ter 170 of the laws of 1994, is amended to read as follows:
     47    (d) Exemptions. A taxpayer  shall  be  exempt  from  the  requirements
     48  contained  in subdivision (b) of this section if such taxpayer proves to
     49  the satisfaction of the commissioner that aggregate tax withheld, pursu-
     50  ant to the most recent reconciliation of withholding, is less than [four
     51  hundred thousand] one hundred thousand dollars.
     52    § 3. Subdivision (h) of section 9 of the tax law, as added by  chapter
     53  170 of the laws of 1994, is amended to read as follows:

         S. 6260                            15                            A. 9762

      1    (h)  Civil  penalty  for  failure to enroll. If a taxpayer required to
      2  participate in the electronic funds transfer program prescribed by  this
      3  section  fails to enroll in such program in accordance with the terms of
      4  subparagraph [(C)] (B) of paragraph  two  of  subdivision  (b)  of  this
      5  section,  such  taxpayer  shall  pay  a  penalty  equal to five thousand
      6  dollars; provided, however, that if such taxpayer enrolls in the program
      7  within twenty calendar days after notification  of  assessment  of  such
      8  penalty  is sent by the department by certified mail for program periods
      9  beginning on or after July first,  [nineteen  hundred  ninety-five]  two
     10  thousand  two,  then  such  penalty  shall  be  abated. If such taxpayer
     11  continues to fail to enroll in the program after  such  twenty  calendar
     12  day period, the taxpayer shall pay an additional penalty of five hundred
     13  dollars if the failure is for not more than one month with an additional
     14  five  hundred  dollars  for  each  additional  month or fraction thereof
     15  during which such  failure  continues.  The  penalty  provided  by  this
     16  section  shall  be  paid  upon  notice and demand and shall be assessed,
     17  collected and paid in the same manner as the withholding taxes  referred
     18  to  in  paragraph one of subdivision (b) of this section; and any refer-
     19  ence in the provisions of part VI of article twenty-two of this chapter,
     20  which apply to the administration of and procedures with respect to  the
     21  provisions of this section, shall be deemed also to refer to the penalty
     22  provided by this section.
     23    § 4. This act shall take effect immediately and shall apply to program
     24  periods beginning on or after July 1, 2002.
     25                                   PART P
     26    Section  1.  Subparagraph  (A)  of paragraph 1 and subparagraph (A) of
     27  paragraph 4 of subdivision (b) of section 10 of the  tax  law,  subpara-
     28  graph  (A)  of  paragraph 1 as amended by chapter 38 of the laws of 1997
     29  and subparagraph (A) of paragraph 4 as amended by chapter 2 of the  laws
     30  of 1995, are amended to read as follows:
     31    (A) more than [one million] five hundred thousand dollars of state and
     32  local  sales  and compensating use taxes imposed by article twenty-eight
     33  and pursuant to the authority of article  twenty-nine  of  this  chapter
     34  where such taxes are administered by the commissioner, or
     35    (A)  If  a  taxpayer having liability described in subparagraph (A) of
     36  paragraph one of this subdivision can demonstrate to the satisfaction of
     37  the commissioner that (i) for the two most recent consecutive  quarters,
     38  the state and local sales and compensating use taxes properly payable by
     39  such  taxpayer  are less than fifty percent of the state and local sales
     40  and compensating use taxes properly payable by  such  taxpayer  for  the
     41  comparable  two  quarters of the preceding year and (ii) the sum of such
     42  taxpayer's state and local sales and compensating use tax liability  for
     43  such  most  recent consecutive quarters together with the product of the
     44  state and local sales and compensating use  taxes  properly  payable  by
     45  such taxpayer for the two consecutive quarters immediately preceding the
     46  quarters  referred  to  in clause (i) of this subparagraph multiplied by
     47  the percentage arrived at under such clause is less than [five  hundred]
     48  two  hundred  fifty thousand dollars in amount, then such taxpayer shall
     49  not be required to participate in the program prescribed by this section
     50  for the remaining quarters of the sales tax year ending on the next  May
     51  thirty-first and for the immediately succeeding four sales tax quarters.
     52    § 2. This act shall take effect immediately, provided that section one
     53  of this act shall apply to program periods beginning on or after Septem-
     54  ber  1, 2002; provided, however, that effective immediately, the commis-

         S. 6260                            16                            A. 9762

      1  sioner of taxation and finance shall be authorized to make the addition,
      2  amendment and/or repeal of any rule  or  regulation  necessary  for  the
      3  implementation  of  this  act  on  its effective date are authorized and
      4  directed to be made and completed on or before such effective date.
      5                                   PART Q
      6    Section  1.  Subparagraph  3  of  paragraph  (j)  of subdivision 12 of
      7  section 210 of the tax law, as amended by chapter 1043 of  the  laws  of
      8  1981, is amended to read as follows:
      9    (3)  has  been  subject to tax under this article for more than [four]
     10  five taxable years (excluding short taxable years) [prior to the taxable
     11  year during which the taxpayer first becomes eligible for the investment
     12  tax credit].
     13    § 2. Paragraph (e) of subdivision 19 of section 210 of the tax law, as
     14  amended by chapter 708 of the laws  of  1993,  is  amended  to  read  as
     15  follows:
     16    (e) The credit and carryovers of such credit allowed under this subdi-
     17  vision  for any taxable year shall not, in the aggregate, reduce the tax
     18  due for such year to less than the higher of the amounts  prescribed  in
     19  paragraphs  (c)  and (d) of subdivision one of this section. However, if
     20  the amount of credit or carryovers of  such  credit,  or  both,  allowed
     21  under  this  subdivision  for  any  taxable year reduces the tax to such
     22  amount, or if any part of the credit or carryovers of  such  credit  may
     23  not  be  deducted  from  the  tax  otherwise  due by reason of the final
     24  sentence of paragraph (d) hereof, any amount of credit or carryovers  of
     25  such credit thus not deductible in such taxable year may be carried over
     26  to the following year or years and may be deducted from the tax for such
     27  year or years. In lieu of such carryover, any such taxpayer which quali-
     28  fies as a new business under paragraph (j) of subdivision twelve of this
     29  section  may  elect,  on its report for its taxable year with respect to
     30  which such credit is allowed, to treat fifty percent of  the  amount  of
     31  such  carryover  as  an overpayment of tax to be credited or refunded in
     32  accordance with the provisions of section ten hundred eighty-six of this
     33  chapter. Provided, however, the provisions of subsection (c) of  section
     34  ten  hundred  eighty-eight  of this chapter notwithstanding, no interest
     35  shall be paid thereon. [In applying such paragraph (j), the reference to
     36  investment tax credit shall be deemed to be a reference  to  the  credit
     37  provided  for under this subdivision, and the reference to "four taxable
     38  years" shall be deemed to be a reference to the four taxable years prior
     39  to each taxable year during which the taxpayer became eligible for  such
     40  credit.]
     41    §  3. Paragraph 10 of subsection (a) of section 606 of the tax law, as
     42  added by chapter 103 of the laws of 1981, subparagraph (B) as amended by
     43  chapter 1043 of the laws of 1981, is amended to read as follows:
     44    (10) For purposes of paragraph five of this subsection, an  individual
     45  who is either a sole proprietor or a member of a partnership shall qual-
     46  ify as an owner of a new business unless:
     47    (A)  [the individual has previously received a refund of an investment
     48  tax credit  pursuant  to  the  provisions  of  paragraph  five  of  this
     49  subsection;
     50    (B)] the business of which the individual is an owner is substantially
     51  similar  in  operation and in ownership to a business entity taxable, or
     52  previously taxable, under section one hundred eighty-three, one  hundred
     53  eighty-four,  one hundred eighty-five or one hundred eighty-six of arti-
     54  cle nine; article [nine-a] nine-A, thirty-two or  thirty-three  of  this

         S. 6260                            17                            A. 9762

      1  chapter;  article  twenty-three of this chapter or which would have been
      2  subject to tax under such article twenty-three (as such article  was  in
      3  effect  on  January  first,  nineteen  hundred eighty) or the income (or
      4  losses) of which is (or was) includable under article twenty-two of this
      5  chapter  whereby  the intent and purpose of this paragraph and paragraph
      6  five of this subsection with respect to refunding of credit to new busi-
      7  ness would be evaded; or
      8    [(C)] (B) the individual has operated such new business entity in this
      9  state for more than [four] five taxable years [prior to the first day of
     10  the taxable year during which such individual first becomes eligible for
     11  the investment tax credit for which the refund is claimed  with  respect
     12  to such new business entity] (excluding short years of the business).
     13    §  4. 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
     27  following credit                        section two hundred ten
     28  under this section:                     or section fourteen
     29                                          hundred fifty-six of this
     30                                          chapter is:
     31  Investment tax credit                   Investment credit base
     32  under subsection (a)                    or qualified
     33                                          rehabilitation
     34                                          expenditures under
     35                                          subdivision twelve of
     36                                          section two hundred ten
     37  Empire zone                             Cost or other basis
     38  investment tax credit                   under subdivision
     39  under subsection (j)                    twelve-B
     40                                          of section two hundred
     41                                          ten
     42  Empire zone                             Eligible wages under
     43  wage tax credit                         subdivision nineteen of
     44  under subsection (k)                    section two hundred ten
     45                                          or subsection (e) of
     46                                          section fourteen hundred
     47                                          fifty-six
     48  Empire zone                             Qualified investments
     49  capital tax credit                      and contributions under
     50  under subsection (1)                    subdivision twenty of
     51                                          section two hundred ten

         S. 6260                            18                            A. 9762

      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 of section two
     19                                          hundred ten
     20  Empire zone                             Applicable investment
     21  employment                              credit under sub-
     22  incentive credit under                  division twelve-C
     23  subsection (j-1)                        of section two hundred ten
     24  Alternative fuels credit                Cost under subdivision
     25  under subsection (p)                    twenty-four of section two
     26                                          hundred ten
     27  Qualified emerging                      Applicable credit base
     28  technology company                      under subdivision twelve-E
     29  employment credit                       of section two hundred ten
     30  under subsection (q)
     31  Qualified emerging                      Qualified investments under
     32  technology company                      subdivision twelve-F of
     33  capital tax credit                      section two hundred ten
     34  under subsection (r)
     35  Credit for purchase of an               Cost of an automated
     36  automated external defibrillator        external defibrillator under
     37  under subsection (s)                    subdivision twenty-five of
     38                                          section two hundred ten
     39                                          or subsection (j) of section
     40                                          fourteen hundred fifty-six
     41  Low-income housing                      Credit amount under
     42  credit under subsection (x)             subdivision thirty
     43                                          of section two hundred ten or
     44                                          subsection (1) of section
     45                                          fourteen hundred fifty-six

         S. 6260                            19                            A. 9762

      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] benefit period
     16  under subsection (cc)                   factor, employment increase factor
     17                                          and zone allocation
     18                                          factor (without regard
     19                                          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
     25                                          as determined under
     26                                          subdivision (f) of section sixteen
     27  Green building credit                   Amount of green building credit
     28  under subsection (y)                    under subdivision thirty-one
     29                                          of section two hundred ten
     30                                          or subsection (m) of section
     31                                          fourteen hundred fifty-six
     32  Credit for long-term                    Qualified costs under
     33  care insurance premiums                 subdivision twenty-five-a of
     34  under subsection (aa)                   section two hundred ten
     35                                          or subsection (k) of section
     36                                          fourteen hundred fifty-six
     37    §  5.  Paragraph 5 of subsection (k) of section 606 of the tax law, as
     38  amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
     39  follows:
     40    (5)  If the amount of the credit and carryovers of such credit allowed
     41  under this subsection for any taxable year shall exceed  the  taxpayer's
     42  tax  for  such  year,  the  excess, as well as any part of the credit or
     43  carryovers of such credit, or both, which may not be deducted  from  the
     44  tax  otherwise  due  by  reason  of the final sentence in paragraph four
     45  hereof, may be carried over to the following year or years  and  may  be
     46  deducted  from  the  taxpayer's  tax for such year or years.  In lieu of
     47  carrying over any such excess, a taxpayer who qualifies as an owner of a
     48  new business for purposes of paragraph ten of  subsection  (a)  of  this
     49  section  may,  at  his option, receive fifty percent of such excess as a
     50  refund. Any refund paid pursuant to this paragraph shall be deemed to be
     51  a refund of an overpayment of tax as provided  in  section  six  hundred

         S. 6260                            20                            A. 9762

      1  eighty-six of this article, provided, however, that no interest shall be
      2  paid  thereon. [In applying such paragraph ten, the reference to invest-
      3  ment tax credit shall be deemed to be a reference to the credit provided
      4  for  under  this  subsection  and the reference to "four years" shall be
      5  deemed to be a reference to the four years prior to  each  taxable  year
      6  during which the individual became eligible for such credit.]
      7    §  6.  Paragraph 5 of subsection (q) of section 606 of the tax law, as
      8  added by section 2 of part I of chapter 407 of  the  laws  of  1999,  is
      9  amended to read as follows:
     10    (5)  If the amount of the credit and carryovers of such credit allowed
     11  under this subsection for any taxable year shall exceed  the  taxpayer's
     12  tax  for  such  year,  the  excess, as well as any part of the credit or
     13  carryovers of such credit, or both, may be carried over to the following
     14  year or years and may be deducted from the taxpayer's tax for such  year
     15  or  years.  In lieu of carrying over any such excess, a taxpayer who (A)
     16  qualifies as an owner of a new business (in the case of  such  qualified
     17  emerging  technology  company)  under paragraph ten of subsection (a) of
     18  this section without regard to subparagraph [(C)] (B) of such paragraph,
     19  and (B) [the taxpayer] has not operated such new business entity, in the
     20  case of a sole proprietorship, or where such new business  entity  is  a
     21  partnership  or  a New York S corporation, such entity has not operated,
     22  for more than six taxable years (excluding short taxable years) prior to
     23  the taxable year with respect to which the taxpayer first becomes eligi-
     24  ble for the credit herein provided for with respect to such company,  or
     25  for  more than eight taxable years if such new business entity's primary
     26  business or product requires federal regulatory approval or involves the
     27  discovery and sale of substances requiring clinical trials  as  part  of
     28  the  federal drug administration's required approval process for the use
     29  of such substances by humans, may, at his or her  option,  receive  such
     30  excess  as a refund. Any refund paid pursuant to this paragraph shall be
     31  deemed to be a refund of an overpayment of tax as  provided  in  section
     32  six  hundred  eighty-six  of  this  article,  provided, however, that no
     33  interest shall be paid thereon.
     34    § 7. Subparagraph (C) of paragraph 8 of subsection (i) of section 1456
     35  of the tax law, as added by section 27 of part A of chapter  56  of  the
     36  laws of 1998, is amended to read as follows:
     37    (C)  has  been  subject to tax under this article for more than [four]
     38  five taxable years (excluding short taxable years) [prior to the taxable
     39  year during which the taxpayer first becomes eligible for the investment
     40  tax credit].
     41    § 8. Subparagraph (C) of paragraph 7 of  subdivision  (q)  of  section
     42  1511  of  the  tax law, as added by section 1 of part L of chapter 63 of
     43  the laws of 2000, is amended to read as follows:
     44    (C) has been subject to tax under this article for  more  than  [four]
     45  five taxable years (excluding short taxable years) [prior to the taxable
     46  year during which the taxpayer first becomes eligible for the investment
     47  tax credit].
     48    §  9.  Subdivision (a) of section 969 of the general municipal law, as
     49  amended by chapter 537 of the laws of 1996 and as further amended pursu-
     50  ant to section 15 of part GG of chapter 63  of  the  laws  of  2000,  is
     51  amended to read as follows:
     52    (a)  Except as provided in this section, any designation of an area as
     53  an empire zone shall remain in effect during the period beginning on the
     54  date of designation and ending [July] December thirty-first,  two  thou-
     55  sand [four] twenty.

         S. 6260                            21                            A. 9762

      1    §  10.  Section 14 of the tax law, as added by section 2 of part GG of
      2  chapter 63 of the laws of 2000 and subdivision (b)  as  further  amended
      3  pursuant  to section 15 of part GG of chapter 63 of the laws of 2000, is
      4  amended to read as follows:
      5    §  14. Empire zones program.  (a) Qualified empire zone enterprise.  A
      6  business enterprise which is certified under article eighteen-B  of  the
      7  general  municipal law prior to July first, two thousand five shall be a
      8  "qualified empire zone enterprise":
      9    (1) for purposes of articles nine-A, twenty-two, thirty-two and  thir-
     10  ty-three  of this chapter, for each of the [fifteen] taxable years [next
     11  following the test year (which fifteen year period shall constitute  the
     12  "benefit period")] within the "business tax benefit period," which peri-
     13  od shall consist of (A) in the case of a business enterprise with a test
     14  date occurring on or before December thirty-first, two thousand one, the
     15  first  fifteen  taxable  years  beginning on or after January first, two
     16  thousand one, and (B) in the case of a business enterprise with  a  test
     17  date  occurring on or after January first, two thousand two, the fifteen
     18  taxable years next following the business enterprise's  test  year,  but
     19  only with respect to each of such fifteen years for which the employment
     20  test is met, and
     21    (2)  for  purposes  of  articles  twenty-eight and twenty-nine of this
     22  chapter, [for each day falling within each of the ten taxable years next
     23  following the test year, but only with respect to each of such ten years
     24  if the taxable year immediately preceding such taxable  year  meets  the
     25  employment  test]  during  the  "sales and use tax benefit period." Such
     26  period shall consist of one hundred twenty months beginning on the later
     27  of (A) March first, two thousand one, or (B) the first day of the  month
     28  next  following  the  date of issuance of a qualified empire zone enter-
     29  prise certification by the commissioner under subdivision  (h)  of  this
     30  section. Provided however, such period shall not include any month fall-
     31  ing  within  a  taxable year immediately preceded by a taxable year with
     32  respect to which the business enterprise did  not  meet  the  employment
     33  test.
     34    [(3) for business enterprises with a test date falling within the year
     35  two  thousand,  the term "next following the test year" shall be read as
     36  "next following the taxable year following the test year".]
     37    (b) Employment test. (1) General. The employment  test  shall  be  met
     38  with  respect  to a taxable year if the business enterprise's employment
     39  number in [economic development] empire zones  [with  respect  to  which
     40  such  enterprise  is  certified  pursuant  to  article eighteen-B of the
     41  general municipal law] for such  taxable  year  equals  or  exceeds  its
     42  employment  number in such zones for the base period, and its employment
     43  number in the state outside of such zones for such taxable  year  equals
     44  or  exceeds its employment number in the state outside of such zones for
     45  the base period.  If the base period is zero years  and  the  enterprise
     46  has  an employment number in such zone of greater than zero with respect
     47  to a taxable year, then the employment test will  be  met  only  if  the
     48  enterprise  qualifies  as  a  new business under subdivision (j) of this
     49  section.
     50    (2) Change in zone boundaries or newly designated  zones.    Provided,
     51  however, where there has been one or more revisions of the boundaries of
     52  an empire zone that resulted in the inclusion of the business enterprise
     53  within  such  zone, the employment test shall be determined with respect
     54  to a taxable year as if the boundaries of the revised zone on  the  last
     55  day of the taxable year existed during the base period and test year and
     56  as  if  the  enterprise  had been located in the revised zone during its

         S. 6260                            22                            A. 9762

      1  base period and test year. In addition, where an  area  has  been  newly
      2  designated  as  an  empire zone, the employment test shall be determined
      3  with respect to a taxable year as if such newly designated zone  existed
      4  during  the  base period and test year and as if the enterprise had been
      5  located in the newly designated zone during its  base  period  and  test
      6  year.
      7    (3)  Relocation  from  a business incubator facility. Where a business
      8  enterprise relocates to an empire zone from a business incubator facili-
      9  ty operated by a municipality or by a public or  private  not-for-profit
     10  entity  which  provides space or business support services or both space
     11  and business support services  to  newly  established  enterprises,  the
     12  employment test shall be determined with respect to a taxable year as if
     13  such  business enterprise was located in the empire zone during the base
     14  period.
     15    (c) Base period. The term "base period" means the five  taxable  years
     16  immediately  preceding  the  test  year.  If the business enterprise has
     17  fewer than five such years, then the term "base period" means such smal-
     18  ler set of years.
     19    (d) Test year. The term "test year" means the last taxable year of the
     20  business enterprise ending on or before the test date.   If  a  business
     21  enterprise  does not have a taxable year that ends on or before the test
     22  date, such enterprise shall be deemed to have a test year which shall be
     23  either the last calendar year ending on or before its test date,  or  if
     24  the  enterprise  has  as  its  taxable year a fiscal year, the last such
     25  fiscal year ending on or before its test date (whether or not the enter-
     26  prise in fact had a taxable year during that period).
     27    (e) Test date. The term "test date" means the later of July first, two
     28  thousand or the date prior to July first, two thousand five on which the
     29  business enterprise was first certified under article eighteen-B of  the
     30  general municipal law.
     31    (f)  Taxable  year.  The term "taxable year" means the taxable year of
     32  the business enterprise under  section  one  hundred  eighty-three,  one
     33  hundred  eighty-four,  one  hundred  eighty-five  or  former section one
     34  hundred eighty-six of article [nine-a] nine, or  under  article  nine-A,
     35  twenty-two,  thirty-two  or thirty-three of this chapter.  If a business
     36  enterprise does not have a taxable year because it is exempt from  taxa-
     37  tion  or  otherwise  not  required  to  file  a return under any of such
     38  sections of article nine or under article nine-A, twenty-two, thirty-two
     39  or thirty-three, then the term "taxable year"  means  (i)  the  business
     40  enterprise's  federal  taxable year, or, (ii) if the enterprise does not
     41  have a federal taxable year, the calendar year.
     42    (g) Employment number. The term "employment  number"  shall  mean  the
     43  average  number of individuals, excluding general executive officers (in
     44  the case of a corporation), employed full-time by the enterprise for  at
     45  least  one-half  of  the  taxable year. Such number shall be computed by
     46  determining the number of such individuals employed by the  taxpayer  on
     47  the  thirty-first day of March, the thirtieth day of June, the thirtieth
     48  day of September and the thirty-first day of December during the  appli-
     49  cable  taxable  year,  adding  together  the  number of such individuals
     50  determined to be so employed on each of such dates and dividing the  sum
     51  so obtained by the number of such dates occurring within such applicable
     52  taxable year.  Such number shall not include individuals employed within
     53  the  immediately preceding sixty months by a related person to the QEZE,
     54  as such term "related person" is defined in subparagraph  (c)  of  para-
     55  graph  three of subsection (b) of section four hundred sixty-five of the
     56  internal revenue code.

         S. 6260                            23                            A. 9762

      1    (h) Sales and use tax. (1) In addition to the  other  requirements  of
      2  this  section,  in order for the exemptions described in subdivision (z)
      3  of section eleven hundred fifteen of this chapter or any like exemptions
      4  from taxes imposed pursuant to the authority of article  twenty-nine  of
      5  this  chapter  to  apply  with respect to a qualified empire zone enter-
      6  prise, such enterprise shall apply to the commissioner of  taxation  and
      7  finance   for  the  issuance  of  a  qualified  empire  zone  enterprise
      8  [exemption certificate] certification, in the manner prescribed by  such
      9  commissioner.  If  such commissioner grants such [a certificate] certif-
     10  ication, [its use] such certification shall  be  subject  to  conditions
     11  specified  by such commissioner. An enterprise to which the commissioner
     12  issues such [a certificate] certification may furnish a qualified empire
     13  zone enterprise exempt purchase [certification] certificate to a  person
     14  required  to  collect  sales and compensating use taxes imposed under or
     15  pursuant to the authority of article twenty-eight or twenty-nine of this
     16  chapter, which [certification] certificate shall  be  deemed  to  be  an
     17  exemption  certificate  under  subdivision (c) of section eleven hundred
     18  thirty-two of this chapter. Nothing herein or in any other law shall  be
     19  construed to prohibit the disclosure, in such manner as the commissioner
     20  of taxation and finance deems appropriate, of the names and other appro-
     21  priate identifying information of those persons holding qualified empire
     22  zone  enterprise [certificates] certifications pursuant to this subdivi-
     23  sion, those persons whose  qualified  empire  zone  enterprise  [certif-
     24  icates]  certifications  have been revoked or those persons whose quali-
     25  fied empire zone enterprise [certificates] certifications have expired.
     26    (2) During the period that a business enterprise is eligible to apply,
     27  or is qualified, for exemptions from sales and  compensating  use  taxes
     28  under  this  section, the commissioner of economic development shall, at
     29  the time such commissioner certifies or decertifies  a  business  enter-
     30  prise  under article eighteen-B of the general municipal law, notify the
     31  commissioner of taxation and finance of such certification or  decertif-
     32  ication,  which  notification shall include the full legal name, address
     33  and federal employer identification number  of  such  enterprise.    The
     34  commissioner  of  economic  development  shall,  at the time of any such
     35  certification, also advise such enterprise of the requirements in  para-
     36  graph one of this subdivision.
     37    (i)  Cessation  of  status.  A business enterprise shall cease to be a
     38  qualified empire zone enterprise:
     39    (1) for purposes of articles nine-A, twenty-two, thirty-two and  thir-
     40  ty-three  of  this  chapter, on the first day of the taxable year during
     41  which revocation of its certification under article  eighteen-B  of  the
     42  general municipal law occurs, and
     43    (2)  for  purposes  of  articles  twenty-eight and twenty-nine of this
     44  chapter, on the day such revocation occurs.
     45    (j) New business. (1) A new business shall  include  any  corporation,
     46  except  a corporation which is substantially similar in operation and in
     47  ownership to a business entity  (or  entities)  taxable,  or  previously
     48  taxable,  under  section  one  hundred eighty-three, one hundred eighty-
     49  four, one hundred eighty-five or one hundred eighty-six of article nine;
     50  article nine-A, article thirty-two  or  thirty-three  of  this  chapter;
     51  article twenty-three of this chapter or which would have been subject to
     52  tax  under  such  article twenty-three (as such article was in effect on
     53  January first, nineteen hundred eighty) or the  income  (or  losses)  of
     54  which is (or was) includable under article twenty-two of this chapter.
     55    (2)  For purposes of article twenty-two of this chapter, an individual
     56  who is either a sole proprietor or a member of a partnership shall qual-

         S. 6260                            24                            A. 9762

      1  ify as an owner of a new business unless the business of which the indi-
      2  vidual is an owner is substantially similar in operation and  in  owner-
      3  ship  to a business entity taxable, or previously taxable, under section
      4  one  hundred  eighty-three, one hundred eighty-four, one hundred eighty-
      5  five or one hundred eighty-six of article nine; article nine-A,  thirty-
      6  two  or thirty-three of this chapter; article twenty-three of this chap-
      7  ter or  which  would  have  been  subject  to  tax  under  such  article
      8  twenty-three  (as  such article was in effect on January first, nineteen
      9  hundred eighty) or the income (or losses) of which is (or was)  includa-
     10  ble under article twenty-two.
     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    §  11.  Subdivision  (b)  of  section  15  of the tax law, as added by
     16  section 2 of part GG of chapter 63 of the laws of 2000,  is  amended  to
     17  read as follows:
     18    (b)  Amount  of credit.  The amount of the credit shall be the product
     19  (or pro rata share of the product, in the case of a member of a partner-
     20  ship) of (i) the benefit period factor,  (ii)  the  employment  increase
     21  factor  and  (iii)  the eligible real property taxes paid or incurred by
     22  the QEZE during the taxable year.  However, the amount of the credit may
     23  not exceed the credit limitation set forth in subdivision  (f)  of  this
     24  section.
     25    §  12. Subdivisions (d) and (e) of section 15 of the tax law, as added
     26  by section 2 of part GG of chapter 63 of the laws of 2000 and  paragraph
     27  1  of subdivision (d) and subdivision (e) as further amended pursuant to
     28  section 15 of part GG of chapter 63 of the laws of 2000, are amended  to
     29  read as follows:
     30    (d) Employment increase factor.  The employment increase factor is the
     31  amount, not to exceed 1.0, which is the greater of:
     32    (1)  the  excess  of  the [taxpayer's] QEZE's employment number in the
     33  empire zones with respect to which  the  [taxpayer]  QEZE  is  certified
     34  pursuant  to  article  eighteen-B  of  the general municipal law for the
     35  taxable year, over the [taxpayer's] QEZE's test year  employment  number
     36  in  such  zones,  divided  by  such  test year employment number in such
     37  zones; or
     38    (2) the excess of the [taxpayer's] QEZE's employment  number  in  such
     39  zones  for  the  taxable  year  over  the  [taxpayer's] QEZE's test year
     40  employment number in such zones, divided by 100.
     41    (3) For purposes of paragraph one of this subdivision, where there  is
     42  an  excess  as  described  in  such  paragraph,  and where the test year
     43  employment number is zero, then the employment increase factor shall  be
     44  1.0.
     45    (e)  Eligible  real property taxes.   The term "eligible real property
     46  taxes" means taxes imposed on  real  property  which  is  owned  by  the
     47  [taxpayer]  QEZE  and  located in an empire [zones] zone with respect to
     48  which the [taxpayer] QEZE is certified pursuant to article eighteen-B of
     49  the general municipal law [for the taxable year],  provided  such  taxes
     50  become  a  lien  on the real property during a taxable year in which the
     51  owner of the real property is both certified pursuant to  article  eigh-
     52  teen-B  of  the general municipal law and a qualified empire zone enter-
     53  prise.
     54    § 13. Subdivision (f) of section 15  of  the  tax  law  is  relettered
     55  subdivision  (h)  and two new subdivisions (f) and (g) are added to read
     56  as follows:

         S. 6260                            25                            A. 9762

      1    (f) The credit limitation shall  be  the  greater  of  the  employment
      2  increase limitation or the capital investment limitation.
      3    (1) The employment increase limitation shall be the product of (A) ten
      4  thousand  dollars  and (B) the excess of the QEZE's employment number in
      5  the empire zones with respect to which the QEZE is certified pursuant to
      6  article eighteen-B of the general municipal law for  the  taxable  year,
      7  over the QEZE's test year employment number in such zones.
      8    (2)  The capital investment limitation shall be the product of (A) ten
      9  percent of the greater of (i) the cost or other basis for federal income
     10  tax purposes, determined on the later of January first, two thousand one
     11  or the effective date of the QEZE's certification  pursuant  to  article
     12  eighteen-B  of  the  general  municipal law, of real property, including
     13  buildings and structural components of buildings, owned by the QEZE  and
     14  located  in  empire  zones  with  respect to which the QEZE is certified
     15  pursuant to such article eighteen-B of the  general  municipal  law,  or
     16  (ii)  the  cost  or  other basis for federal income tax purposes of such
     17  real property described in clause (i) of this subparagraph on  the  last
     18  day  of  the  taxable year, and (B) the percentage of such real property
     19  described in clause (i) of subparagraph (A) of this paragraph  which  is
     20  physically  occupied  and used by the QEZE or by a related person to the
     21  QEZE, as the term "related person" is defined  in  subparagraph  (c)  of
     22  paragraph  three of subsection (b) of section four hundred sixty-five of
     23  the internal revenue code.
     24    (g) Credit recapture. Where a  QEZE's  eligible  real  property  taxes
     25  which  were the basis for the allowance of the credit provided for under
     26  this section are subsequently reduced as a result of a  final  order  in
     27  any proceeding under article seven of the real property tax law or other
     28  provision  of  law,  the taxpayer shall add back, in the taxable year in
     29  which such final order is issued, the excess of (1) the amount of credit
     30  originally allowed for a taxable year over  (2)  the  amount  of  credit
     31  determined  based upon the reduced eligible real property taxes. If such
     32  final order reduces real property taxes for  more  than  one  year,  the
     33  taxpayer  must  determine  how much of such reduction is attributable to
     34  each year covered by such final order and calculate the amount of credit
     35  which is required by this subsection to  be  recaptured  for  each  year
     36  based on such reduction.
     37    §  14.  Subdivisions (b), (e) and (f) of section 16 of the tax law, as
     38  added by section 2 of part GG of chapter 63 of  the  laws  of  2000  and
     39  subdivision  (e) as further amended pursuant to section 15 of part GG of
     40  chapter 63 of the laws of 2000, are amended to read as follows:
     41    (b) Amount of credit. The amount of the credit shall  be  the  product
     42  [(or  pro  rata share of the product, in the case of a member of a part-
     43  nership)] of (i) the benefit period factor, (ii) the employment increase
     44  factor, (iii) the zone allocation factor and (iv) the tax factor.
     45    (e) Zone allocation factor. The zone allocation factor  shall  be  the
     46  percentage  representing  the  [taxpayer's]  QEZE's economic presence in
     47  empire zones with respect to which  the  [taxpayer]  QEZE  is  certified
     48  under  article  eighteen-B of the general municipal law. This percentage
     49  shall be computed [pursuant to the method prescribed in subdivision  two
     50  of  section  two hundred nine-B of this chapter (without regard to para-
     51  graph (b) of such subdivision), except that references  therein  to  the
     52  metropolitan  commuter  transportation  district  shall  be deemed to be
     53  references to the areas of this state constituting such  empire  zones.]
     54  by:
     55    (1)  ascertaining the percentage which the average value of the QEZE's
     56  real and tangible personal property, whether owned or rented to  it,  in

         S. 6260                            26                            A. 9762

      1  empire  zones  with respect to which the QEZE is certified under article
      2  eighteen-B of the general municipal law during the period covered by the
      3  taxpayer's report or return bears to the average  value  of  the  QEZE's
      4  real  and  tangible  personal  property,  whether owned or rented to it,
      5  within the state during such period; provided that the  term  "value  of
      6  the  QEZE's  real  and  tangible  personal property" shall have the same
      7  meaning as such term has in subparagraph one of paragraph (a) of  subdi-
      8  vision three of section two hundred ten of this chapter; and
      9    (2) ascertaining the percentage of the total wages, salaries and other
     10  personal service compensation, similarly computed, during such period of
     11  employees,  except  general  executive  officers,  of the QEZE in empire
     12  zones with respect to which the QEZE is certified  under  article  eigh-
     13  teen-B  of  the  general municipal law, to the total wages, salaries and
     14  other personal service compensation,  similarly  computed,  during  such
     15  period,  of  all  the  QEZE's employees within the state, except general
     16  executive officers; and
     17    (3) adding together the percentages so  determined  and  dividing  the
     18  result by the number of percentages.
     19    For  purposes  of  article  twenty-two of this chapter, references [in
     20  section two hundred nine-B of this chapter] in this subdivision to prop-
     21  erty, wages, salaries and other personal service compensation  shall  be
     22  deemed  to  be  references to such items connected with the conduct of a
     23  business.
     24    (f) Tax factor. (1) General. The tax factor shall be, in the  case  of
     25  article  nine-A of this chapter, the larger of the amounts of tax deter-
     26  mined for the taxable year under paragraphs (a) and (c)  of  subdivision
     27  one of section two hundred ten of such article. The tax factor shall be,
     28  in  the  case  of article twenty-two of this chapter, the tax determined
     29  for the taxable year under subsections (a) through (d)  of  section  six
     30  hundred  one  of  such  article. The tax factor shall be, in the case of
     31  article thirty-two of this chapter, the larger of  the  amounts  of  tax
     32  determined  for  the taxable year under subsection (a) and paragraph two
     33  of subsection (b) of section fourteen hundred fifty-five of  such  arti-
     34  cle.  The  tax  factor  shall be, in the case of article thirty-three of
     35  this chapter, the larger of the amounts of tax determined for the  taxa-
     36  ble  year  under  paragraphs one and three of subdivision (a) of section
     37  fifteen hundred two of such article.
     38    (2) Sole proprietors, partners and S corporation  shareholders.    (A)
     39  Where  the  taxpayer  is  a  sole  proprietor of a qualified empire zone
     40  enterprise, the taxpayer's tax factor  shall  be  that  portion  of  the
     41  amount  determined in paragraph one of this subdivision which is attrib-
     42  utable to the income of the qualified  empire  zone  enterprise.    Such
     43  attribution shall be made in accordance with the ratio of the taxpayer's
     44  income  from  the  qualified empire zone enterprise allocated within the
     45  state, entering into New York adjusted gross income, to  the  taxpayer's
     46  New York adjusted gross income, or in accordance with such other methods
     47  as  the  commissioner  may prescribe as providing an apportionment which
     48  reasonably reflects the portion of the taxpayer's  tax  attributable  to
     49  the income of the qualified empire zone enterprise.  In no event may the
     50  ratio so determined exceed 1.0.
     51    (B)(i)  Where  the  taxpayer  is  a member of a partnership which is a
     52  qualified empire zone enterprise, the taxpayer's  tax  factor  shall  be
     53  that  portion of the amount determined in paragraph one of this subdivi-
     54  sion which is attributable to the income of the partnership. Such attri-
     55  bution shall be made in accordance  with  the  ratio  of  the  partner's
     56  income  from the partnership allocated within the state to the partner's

         S. 6260                            27                            A. 9762

      1  entire income, or in accordance with such other methods as  the  commis-
      2  sioner  may  prescribe  as  providing  an apportionment which reasonably
      3  reflects the portion of the partner's tax attributable to the income  of
      4  the partnership.  In no event may the ratio so determined exceed 1.0.
      5    (ii)  For  purposes  of  article nine-A, thirty-two or thirty-three of
      6  this chapter, the term "partner's income  from  the  partnership"  means
      7  partnership  items  of  income,  gain,  loss and deduction, and New York
      8  modifications thereto, entering into entire net income, minimum  taxable
      9  income,  alternative entire net income or entire net income plus compen-
     10  sation and the term "partner's entire income" means entire  net  income,
     11  minimum  taxable  income,  alternative  entire  net income or entire net
     12  income plus compensation, allocated within the state.  For  purposes  of
     13  article  twenty-two of this chapter, the term "partner's income from the
     14  partnership"  means  partnership  items  of  income,  gain,   loss   and
     15  deduction,  and  New  York modifications thereto, entering into New York
     16  adjusted gross income, and the term "partner's entire income" means  New
     17  York adjusted gross income.
     18    (C)  Where  the  taxpayer is a shareholder of a New York S corporation
     19  which is a qualified  empire  zone  enterprise,  the  shareholder's  tax
     20  factor  shall  be that portion of the amount determined in paragraph one
     21  of this subdivision which is attributable to the income of the S  corpo-
     22  ration.  Such  attribution shall be made in accordance with the ratio of
     23  the shareholder's income from the S  corporation  allocated  within  the
     24  state,  entering  into New York adjusted gross income, to the sharehold-
     25  er's New York adjusted gross income, or in accordance  with  such  other
     26  methods  as the commissioner may prescribe as providing an apportionment
     27  which reasonably reflects the portion of the shareholder's tax attribut-
     28  able to the income of the qualified empire zone enterprise.  In no event
     29  may the ratio so determined exceed 1.0.
     30    (3) Combined returns or reports. (A) Where the taxpayer is a qualified
     31  empire zone enterprise and is required or permitted to make a return  or
     32  report  on  a combined basis under article nine-A, thirty-two or thirty-
     33  three of this chapter, the taxpayer's tax factor  shall  be  the  amount
     34  determined in paragraph one of this subdivision which is attributable to
     35  the  income  of  the  qualified empire zone enterprise. Such attribution
     36  shall be made in accordance with the ratio of the qualified empire  zone
     37  enterprise's  income  allocated within the state to the combined group's
     38  income, or in accordance with such other methods as the commissioner may
     39  prescribe as providing an apportionment which  reasonably  reflects  the
     40  portion  of  the  combined group's tax attributable to the income of the
     41  qualified empire zone enterprise. In no event may the  ratio  so  deter-
     42  mined exceed 1.0.
     43    (B)  The  term  "income of the qualified empire zone enterprise" means
     44  entire net income, minimum taxable income, alternative entire net income
     45  or entire net income plus compensation calculated as if the taxpayer was
     46  filing separately and the term "combined group's  income"  means  entire
     47  net  income,  minimum  taxable  income, alternative entire net income or
     48  entire net income plus compensation as shown on the combined  return  or
     49  report, allocated within the state.
     50    (4)  If  the amount determined in paragraph one of this subdivision is
     51  less than zero, a taxpayer shall not be  allowed  a  credit  under  this
     52  section.
     53    § 15. Paragraph (d) of subdivision 19 of section 210 of the tax law is
     54  amended by adding a new subparagraph 3 to read as follows:
     55    (3)  For purposes of calculating the amount of the credit, individuals
     56  employed within an empire zone within the  immediately  preceding  sixty

         S. 6260                            28                            A. 9762

      1  months  by a related person, as such term is defined in subparagraph (c)
      2  of paragraph three of subsection (b) of section four hundred  sixty-five
      3  of  the  internal  revenue  code,  shall  not be included in the average
      4  number  of individuals described in subparagraph one or subparagraph two
      5  of this paragraph, unless such related person was never allowed a credit
      6  under this subdivision with respect to such employees.
      7    § 16. Paragraph 4 of subsection (k) of section 606 of the tax  law  is
      8  amended by adding a new subparagraph (iii) to read as follows:
      9    (iii)  For  purposes of calculating the amount of the credit, individ-
     10  uals employed within an empire zone  within  the  immediately  preceding
     11  sixty  months  by  a related person, as such term is defined in subpara-
     12  graph (c) of paragraph three of subsection (b) of section  four  hundred
     13  sixty-five  of  the  internal revenue code, shall not be included in the
     14  average number of individuals described in subparagraph (i) or  subpara-
     15  graph  (ii)  of  this  paragraph,  unless  such related person was never
     16  allowed a credit under this subsection with respect to such employees.
     17    § 17. Paragraph 1 of subdivision (z) of section 1115 of the  tax  law,
     18  as  added by section 9 of part GG of chapter 63 of the laws of 2000, and
     19  as further amended pursuant to section 15 of part GG of  chapter  63  of
     20  the laws of 2000, is amended to read as follows:
     21    (1)  Receipts  from  the  retail  sale  of  tangible personal property
     22  described in subdivision (a) of section  eleven  hundred  five  of  this
     23  article,  receipts from every sale of services described in subdivisions
     24  (b) and (c) of such section eleven hundred five and consideration  given
     25  or contracted to be given for, or for the use of, such tangible personal
     26  property  or  services  shall  be  exempt from the taxes imposed by this
     27  article where such tangible personal property or services are sold to  a
     28  qualified  empire  zone  enterprise,  provided that (i) such property or
     29  property upon which such a service has been performed  or  such  service
     30  (other  than  a  service  described in subdivision (b) of section eleven
     31  hundred five) is directly and predominantly, or such a service described
     32  in clause (A) or (D) of paragraph one of such subdivision (b) of section
     33  eleven hundred five is directly and exclusively,  used  or  consumed  by
     34  such  enterprise  in  an  area  designated as an empire zone pursuant to
     35  article eighteen-B of the general municipal law with  respect  to  which
     36  such  enterprise  is  certified  pursuant to such article eighteen-B, or
     37  (ii) such a service described in clause (B) or (C) of paragraph  one  of
     38  such  subdivision  (b)  of  section eleven hundred five is delivered and
     39  billed to such enterprise at an address in such empire  zone;  provided,
     40  further,  that,  in order for a motor vehicle, as defined in subdivision
     41  (c) of section eleven hundred seventeen of  this  article,  or  tangible
     42  personal property related to such a motor vehicle to be found to be used
     43  predominantly in such a zone, at least fifty percent of [its] such motor
     44  vehicle's  use  shall  be exclusively within such zone or at least fifty
     45  percent of [its] such motor vehicle's use shall be in activities  origi-
     46  nating  or  terminating  in  such zone, or both; and either or both such
     47  usages shall be computed either on the basis of mileage or hours of use,
     48  at the discretion of such enterprise.  For purposes of this subdivision,
     49  tangible personal property related to such a motor vehicle shall include
     50  a battery, diesel motor fuel, an engine, engine components, motor  fuel,
     51  a  muffler,  tires  and similar tangible personal property used in or on
     52  such a motor vehicle.
     53    § 18. This act shall take effect immediately; provided that:
     54    a. Section four shall apply to taxable years beginning  on  and  after
     55  January  1,  2002  and  sections five through nine, twelve and thirteen,
     56  other than the addition of subdivision (f) of section 15 of the tax  law

         S. 6260                            29                            A. 9762

      1  by  such section thirteen, shall apply to taxable years beginning on and
      2  after January 1, 2001.
      3    b.   The IMB credit for energy taxes under subsection (t-1) of section
      4  606 of the tax law referenced in section four of this act  shall  expire
      5  on  the same date as provided in subdivision (a) of section 49 of part Y
      6  of chapter 63 of the laws of 2000.
      7    c. Except as otherwise provided in this subdivision,  section  ten  of
      8  this  act shall apply to taxable years beginning on and after January 1,
      9  2001. Provided, however, the amendments made by section ten of this  act
     10  which define the term "new business" in subdivision (j) of section 14 of
     11  the tax law, as added  by section ten of this act, and reference to such
     12  definition  shall  take  effect July 1, 2002, but shall not apply to any
     13  taxpayer which was a qualified empire zone enterprise prior to  July  1,
     14  2002  or  to any taxpayer which has received a written letter of commit-
     15  ment regarding empire zone benefits  from  the  department  of  economic
     16  development  prior  to  July  1,  2002.  Provided, further, however, the
     17  amendments made by such section  ten  to  the  definition  of  the  term
     18  "employment  number" in subdivision (g) of section 14 of the tax law, as
     19  amended by such section ten, shall apply to taxable years  beginning  on
     20  or after January 1, 2002.
     21    d.  Section  eleven  of this act, subdivision (f) of section 15 of the
     22  tax law, as added by section thirteen of this act, and sections  fifteen
     23  and  sixteen  of  this  act shall apply to taxable years beginning on or
     24  after January 1, 2002.
     25    e. Section seventeen of this act shall be deemed to have been in  full
     26  force  and  effect  on  and after March 1, 2001 and shall apply to sales
     27  made and uses occurring on and after March 1, 2001.
     28                                   PART R
     29    Section 1. The tax law is amended by adding a  new  section  187-f  to
     30  read as follows:
     31    §  187-f. Order of credits. Credits allowable under this article which
     32  cannot be carried over and which are not refundable  shall  be  deducted
     33  first.  Credits  allowable under this article which can be carried over,
     34  and carryovers of such credits, shall be deducted next, and  among  such
     35  credits,  those whose carryover is of limited duration shall be deducted
     36  before those whose carryover is of unlimited duration. Credits allowable
     37  under this article which are refundable shall be deducted last.
     38    § 2. Subdivision 26 of section 210 of the tax law, as amended by chap-
     39  ter 686 of the laws of 1986 and as renumbered by section 1 of part J  of
     40  chapter 407 of the laws of 1999, is amended to read as follows:
     41    26.  [Credits  allowable under this section which can be carried over,
     42  and carryovers of such credits, shall be deducted after  credits  allow-
     43  able  under this section which cannot be carried over. The credit allow-
     44  able under subdivision nineteen of this section, and carryovers of  such
     45  credit,  shall  be  deducted  prior  to  the  other credits which can be
     46  carried over and prior to carryovers of such credits.] Order of credits.
     47  Credits allowable under this article which cannot be  carried  over  and
     48  which  are  not refundable shall be deducted first. The credit allowable
     49  under subdivision nineteen of this section shall be deducted immediately
     50  after the deduction of all credits allowable under  this  article  which
     51  cannot  be  carried  over and which are not refundable, whether or not a
     52  portion of such credit is refundable. Credits allowable under this arti-
     53  cle which can be carried over, and carryovers of such credits, shall  be
     54  deducted next after the deduction of the credit allowable under subdivi-

         S. 6260                            30                            A. 9762

      1  sion  nineteen  of  this  section,  and  among such credits, those whose
      2  carryover is of limited duration shall be deducted  before  those  whose
      3  carryover is of unlimited duration. Credits allowable under this article
      4  which  are refundable (other than the credit allowable under subdivision
      5  nineteen of this section) shall be deducted last.
      6    § 3. Subsection (g) of section 1456 of the  tax  law,  as  amended  by
      7  section  8  of  part  E of chapter 63 of the laws of 2000, is amended to
      8  read as follows:
      9    (g) [Credits allowable under this section which can be  carried  over,
     10  and  carryovers  of such credits, shall be deducted after credits allow-
     11  able under this section which cannot be carried over. The credit allowed
     12  pursuant to subsection (a) of this section shall be deducted  after  the
     13  credit  allowed  pursuant to subsection (d) of this section, which shall
     14  be deducted after the credit allowed pursuant to subsection (b) of  this
     15  section.  The  credit  and  carryovers of the credit allowed pursuant to
     16  subsection (c) of this section shall be deducted after the  credits  and
     17  carryovers  of  the credits allowed pursuant to subsections (e), (f) and
     18  (k) of this section.] Order of credits.  Credits  allowable  under  this
     19  article  which cannot be carried over and which are not refundable shall
     20  be deducted first. Credits allowable under this  article  which  can  be
     21  carried  over,  and  carryovers of such credits, shall be deducted next,
     22  and among such credits, those whose carryover  is  of  limited  duration
     23  shall be deducted before those whose carryover is of unlimited duration;
     24  provided,  however,  that  the  credit allowable under subsection (e) of
     25  this section shall be deducted prior to all other credits  described  in
     26  this sentence. Credits allowable under this article which are refundable
     27  shall be deducted last.
     28    §  4.  Subdivision  (m)  of section 1511 of the tax law, as amended by
     29  chapter 639 of the laws of 1996 and as relettered by section 5 of part J
     30  of chapter 407 of the laws of 1999, is amended to read as follows:
     31    (m) [The] Order of credits. Notwithstanding the  succeeding  sentences
     32  of  this  subdivision,  the credits provided for in subdivisions (g) and
     33  (h) of this section shall be deducted before any other credits allowable
     34  under this article, and the credit provided for in such subdivision  (g)
     35  shall be deducted after the credit provided for in such subdivision (h).
     36  [The remaining credits allowable under this section which can be carried
     37  over,  and  carryovers  of  such  credits,  shall  be deducted after the
     38  remaining credits allowable under this section which cannot  be  carried
     39  over.  The  credits allowed pursuant to subdivisions (a), (c) and (i) of
     40  this section shall be deducted after  the  credit  allowed  pursuant  to
     41  subdivision  (d)  of  this  section.]  After  application  of  the first
     42  sentence of this subdivision, the credits allowable under  this  article
     43  which  cannot  be  carried  over  and  which are not refundable shall be
     44  deducted first. Credits  allowable  under  this  article  which  can  be
     45  carried  over,  and  carryovers of such credits, shall be deducted next,
     46  and among such credits, those whose carryover  is  of  limited  duration
     47  shall be deducted before those whose carryover is of unlimited duration.
     48  Credits  allowable  under  this  article  which  are refundable shall be
     49  deducted last. Credits under subdivisions (g) and (h)  of  this  section
     50  may  not  be  deducted  from  the limitation on tax computed pursuant to
     51  section fifteen hundred five of this article.
     52    § 5. Subdivision (t) of section 1511 of the tax  law,  as  amended  by
     53  chapter 639 of the laws of 1996 and as relettered by section 9 of part E
     54  of chapter 63 of the laws of 2000, is amended to read as follows:
     55    (t)  [The]  Order of credits. Notwithstanding the succeeding sentences
     56  of this subdivision, the credits provided for in  subdivisions  (g)  and

         S. 6260                            31                            A. 9762

      1  (h) of this section shall be deducted before any other credits allowable
      2  under  this article, and the credit provided for in such subdivision (g)
      3  shall be deducted after the credit provided for in such subdivision (h).
      4  [The remaining credits allowable under this section which can be carried
      5  over,  and  carryovers  of  such  credits,  shall  be deducted after the
      6  remaining credits allowable under this section which cannot  be  carried
      7  over.  The  credits allowed pursuant to subdivisions (a), (c) and (i) of
      8  this section shall be deducted after  the  credit  allowed  pursuant  to
      9  subdivision  (d)  of  this  section.]  After  application  of  the first
     10  sentence of this subdivision, the credits allowable under  this  article
     11  which  cannot  be  carried  over  and  which are not refundable shall be
     12  deducted first. Credits  allowable  under  this  article  which  can  be
     13  carried  over,  and  carryovers of such credits, shall be deducted next,
     14  and among such credits, those whose carryover  is  of  limited  duration
     15  shall be deducted before those whose carryover is of unlimited duration.
     16  Credits  allowable  under  this  article  which  are refundable shall be
     17  deducted last. Credits under subdivisions (g) and (h)  of  this  section
     18  may  not  be  deducted  from  the limitation on tax computed pursuant to
     19  section fifteen hundred five of this article.
     20    § 6. This act shall take effect immediately; provided, that the amend-
     21  ments made by sections one, two, three and four of this act shall  apply
     22  to  taxable  years beginning on or after January 1, 2000; and the amend-
     23  ments made by section five of this act shall take effect January 1, 2002
     24  and shall apply to taxable years beginning on or after January 1, 2002.
     25                                   PART S
     26    Section 1. The opening paragraph of subparagraph (B) of paragraph 2 of
     27  subdivision (b) of section 1402 of the tax law, as amended by section  1
     28  of  part  G  of  chapter  407 of the laws of 1999, is amended to read as
     29  follows:
     30    For purposes of this subdivision, the phrase "real  estate  investment
     31  trust  transfer" shall mean any conveyance of real property or an inter-
     32  est therein to a REIT, or to a partnership or  corporation  in  which  a
     33  REIT  owns  a controlling interest immediately following the conveyance,
     34  which conveyance (I) occurs in connection with the initial formation  of
     35  the REIT, provided that the conditions set forth in clauses (i) and (ii)
     36  of  this  subparagraph  are  satisfied,  or (II) in the case of any real
     37  estate investment trust transfer occurring on or after July  thirteenth,
     38  nineteen  hundred  ninety-six  and  before September first, two thousand
     39  [two] five, is described in the last sentence of this subparagraph.
     40    § 2. Subparagraph 2 of paragraph (xi) of subdivision  (b)  of  section
     41  1201 of the tax law, as amended by section 2 of part G of chapter 407 of
     42  the laws of 1999, is amended to read as follows:
     43    (2)  any  issuance or transfer of an interest in a REIT, or in a part-
     44  nership or corporation in which a REIT owns a controlling interest imme-
     45  diately following the issuance or transfer, in connection with a  trans-
     46  action  described  in subparagraph one. Notwithstanding the foregoing, a
     47  transaction described in the preceding sentence shall not  constitute  a
     48  real estate investment trust transfer unless (A) it occurs in connection
     49  with  the  initial formation of the REIT and the conditions described in
     50  subparagraphs three and four of this paragraph are satisfied, or (B)  in
     51  the  case  of  any real estate investment trust transfer occurring on or
     52  after July thirteenth, nineteen hundred ninety-six and before  September
     53  first,  two thousand [two] five, the condition described in subparagraph
     54  five of this paragraph is satisfied.

         S. 6260                            32                            A. 9762

      1    § 3. Subparagraph (B) of paragraph  2  of  subdivision  e  of  section
      2  11-2102  of  the administrative code of the city of New York, as amended
      3  by section 3 of part G of chapter 407 of the laws of 1999, is amended to
      4  read as follows:
      5    (B)  any  issuance or transfer of an interest in a REIT, or in a part-
      6  nership or corporation in which a REIT owns a controlling interest imme-
      7  diately following the issuance or transfer in connection with  a  trans-
      8  action  described  in subparagraph (A). Notwithstanding the foregoing, a
      9  transaction described in the preceding sentence shall not  constitute  a
     10  real estate investment trust transfer unless (i) it occurs in connection
     11  with  the  initial formation of the REIT and the conditions described in
     12  subparagraphs (C) and (D) of this paragraph are satisfied,  or  (ii)  in
     13  the  case  of  any real estate investment trust transfer occurring on or
     14  after July thirteenth, nineteen hundred ninety-six and before  September
     15  first,  two thousand [two] five, the condition described in subparagraph
     16  (E) of this paragraph is satisfied.
     17    § 4. This act shall take effect immediately.
     18    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     19  sion, section or part of this act shall be  adjudged  by  any  court  of
     20  competent  jurisdiction  to  be invalid, such judgment shall not affect,
     21  impair, or invalidate the remainder thereof, but shall  be  confined  in
     22  its  operation  to the clause, sentence, paragraph, subdivision, section
     23  or part thereof directly involved in the controversy in which such judg-
     24  ment shall have been rendered. It is hereby declared to be the intent of
     25  the legislature that this act would  have  been  enacted  even  if  such
     26  invalid provisions had not been included herein.
     27    §  3.  This  act shall take effect immediately provided, however, that
     28  the applicable effective date of Parts A through S of this act shall  be
     29  as specifically set forth in the last section of such Parts.
  

Memorandum in Support