Bill - 2003-04 Revenue


              STATE OF NEW YORK
       ________________________________________________________________________
 
           S. 1410                                                  A. 2110
 
              SENATE - ASSEMBLY
 
                                   January 29, 2003
                                      ___________
 
       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 298 of the laws of 1985, amending the tax law
         relating to the franchise tax on banking corporations imposed  by  the
         tax  law,  authorized to be imposed by any city having a population of
         one million or more by chapter 772 of the laws of 1966 and imposed  by
         the  administrative code of the city of New York and relating to other
         provisions of the tax law, chapter 883 of the laws  of  1975  and  the
         administrative  code  of  the  city  of New York which relates to such
         franchise tax, to amend chapter 817 of the laws of 1987, amending  the
         tax law and the environmental conservation law, constituting the busi-
         ness  tax  reform and rate reduction act of 1987, and to amend chapter
         525 of the laws of 1988, amending the tax law and  the  administrative
         code  of  the  city of New York relating to the imposition of taxes in
         the city of New York, in relation  to  the  effectiveness  of  certain
         provisions  of such chapters; and to amend the tax law, in relation to
         permitting certain banking corporations otherwise subject to tax under
         article 32 of the tax law to make an election to be taxed under  arti-
         cle  9-A of such law; and to amend the administrative code of the city
         of New York, in relation to permitting  certain  banking  corporations
         otherwise  subject  to tax under subchapter 3 of chapter 6 of title 11
         of the administrative code of the city of New York to be  taxed  under
         subchapter  2 of such code (Part A); to amend the tax law, in relation
         to simplifying the tax on insurance corporations to eliminate the  tax
         on  such  corporations based on income, capital or subsidiary capital;
         to repeal various sections of article 33 of the tax law relating ther-
         eto; to amend the tax law, in relation to the tax on insurance  corpo-
         rations  based  on  income,  capital  or subsidiary capital; to repeal
         subparagraph 15 of paragraph (a) of subdivision 9 of  section  208  of
         the  tax  law relating to the determination of entire net income of an
         attorney-in-fact for a mutual insurance company  which  is  an  inter-
         insurer  or  reciprocal  insurer;  and  to amend the insurance law, in
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12114-01-3
       S. 1410                             2                            A. 2110
 
         relation to annuities and providing for the repeal of such  provisions
         of  the  insurance  law upon expiration thereof (Part B); to amend the
         tax law, in relation to exemptions from  sales  and  compensating  use
         taxes  for  certain  clothing  and footwear (Part C); to amend the tax
         law, in relation to certain fees imposed on limited  liability  compa-
         nies  and  limited  liability partnerships (Part D); to amend the real
         property tax law, in relation to providing refunds  of  real  property
         taxes  paid  by qualified empire zone enterprises and to amend the tax
         law, in relation to the credit for real  property  taxes  provided  to
         qualified  empire  zone enterprises (Part E); to amend the tax law, in
         relation to establishing income modifications for  certain  deductions
         claimed  with respect to sport utility vehicles (Part F); to amend the
         tax law, in relation to payments of  estimated  tax  by  partnerships,
         limited  liability  companies, and S corporations on behalf of certain
         partners, members and shareholders (Part G); to amend the tax law  and
         the  parks,  recreation  and historic preservation law, in relation to
         providing a credit  against  income  tax  for  the  rehabilitation  of
         historic  homes or for the purchase of rehabilitated historic homes in
         certain instances (Part H); to amend  the  tax  law,  in  relation  to
         establishing  certified  capital  company  program  four  to encourage
         investments in  high  technology  companies  through  state  supported
         research  centers  (Part  I); and to amend the tax law, in relation to
         enhancing the provisions relating to the operation of video  terminals
         at  race tracks; and to amend chapter 383 of the laws of 2001 amending
         the tax law relating to authorizing the division  of  the  lottery  to
         conduct  a  pilot  program  involving  the  operation of video lottery
         terminals at certain race tracks, in relation to eliminating the expi-
         ration of and making permanent certain provisions thereof (Part J)
 
         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 2003-2004
    3  state fiscal year.  Each component is wholly  contained  within  a  Part
    4  identified  as Parts A through J. 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 51 of chapter 298 of the laws of 1985, amending the
   14  tax law relating to the franchise tax on banking corporations imposed by
   15  the tax law, authorized to be imposed by any city having a population of
   16  one million or more by chapter 772 of the laws of 1966  and  imposed  by
   17  the  administrative  code  of the city of New York and relating to other
   18  provisions of the tax law, chapter 883 of  the  laws  of  1975  and  the
   19  administrative  code of the city of New York which relates to such fran-
   20  chise tax, as amended by section 1 of part P of chapter 383 of the  laws
   21  of 2001, is amended to read as follows:
       S. 1410                             3                            A. 2110
 
    1    §  51. This act shall take effect immediately and shall apply to taxa-
    2  ble years beginning on or after January 1, 1985[, except that:
    3    (a) sections one through eight shall not apply to taxable years begin-
    4  ning on or after January 1, 2003;
    5    (b)  sections  nine,  twelve,  the  amendment  made  to paragraph 9 of
    6  subsection (a) of section 1452 of  the  tax  law  by  section  thirteen,
    7  sections  fifteen,  sixteen,  eighteen,  nineteen, twenty, twenty-three,
    8  twenty-seven, thirty and thirty-two, the amendment made to  paragraph  9
    9  of  subdivision  (a) of section 11-640 of the administrative code of the
   10  city of New York by section thirty-three, sections thirty-five,  thirty-
   11  six, thirty-eight, thirty-nine, forty, and forty-five shall not apply to
   12  corporations  other than savings banks and savings and loan associations
   13  for taxable years beginning on or after January 1, 2003;
   14    (c)  sections  twenty-one,  twenty-two,  twenty-four,  forty-one   and
   15  forty-two  shall  not apply to corporations other than savings banks and
   16  savings and loan associations for taxable years beginning  on  or  after
   17  January 1, 2003, provided, however, that the provisions of such sections
   18  which  relate  to the alternative minimum tax measured by taxable assets
   19  shall continue to apply to all taxpayers for taxable years beginning  on
   20  or after January 1, 2003;
   21    (d)  the amendment to the section heading and the opening paragraph of
   22  section 11-643.3 of the administrative code of the city of New York made
   23  by section forty-three  shall  not  apply  to  corporations  other  than
   24  savings banks and savings and loan associations for taxable years begin-
   25  ning  on  or  after  January 1, 2003 with respect to those provisions of
   26  such section 11-643.3 which relate to the basic tax measured  by  entire
   27  net income; and
   28    (e)  section twenty-eight, and the addition of new section 11-643.5 of
   29  the administrative code of the city of New York made by  section  forty-
   30  four  shall  not  apply  to  corporations  other  than savings banks and
   31  savings and loan associations for taxable years beginning  on  or  after
   32  January 1, 2003, provided, however, that the provisions of such sections
   33  which relate to the alternative minimum taxes measured by assets, issued
   34  capital  stock  and  one  hundred  twenty-five dollars shall continue to
   35  apply to all taxpayers for taxable years beginning on or  after  January
   36  1, 2003].
   37    §  2.  Subdivisions  (d)  and (f) of section 110 of chapter 817 of the
   38  laws of 1987, amending the tax law and  the  environmental  conservation
   39  law,  constituting  the  business  tax  reform and rate reduction act of
   40  1987, as amended by section 2 of part P of chapter 383 of  the  laws  of
   41  2001, are amended to read as follows:
   42    (d)  The provisions of section sixty-seven except insofar as it amends
   43  paragraph 10 of subsection (b) of section 1453 of the tax law,  seventy-
   44  one and seventy-four shall apply to taxable years beginning after Decem-
   45  ber  31,  1986[,  provided,  however,  that  new paragraphs 11 and 12 of
   46  subsection (b) of section 1453 of  the  tax  law  as  added  by  section
   47  sixty-seven  of  this act, the amendments made by section seventy-one of
   48  this act, and new subsection (i) of section 1453 of the tax law as added
   49  by section seventy-four of this act shall not  apply  to  taxable  years
   50  beginning on or after January 1, 2003];
   51    (f) The provisions of section one hundred four of this act shall apply
   52  to taxable years beginning after December 31, 1986[, and shall not apply
   53  to  corporations  other  than savings banks and savings and loan associ-
   54  ations for  taxable  years  beginning  on  or  after  January  1,  2003,
   55  provided,  however,  that the provisions of such section which relate to
   56  the alternative minimum tax measured by taxable assets shall continue to
       S. 1410                             4                            A. 2110
 
    1  apply to all taxpayers for taxable years beginning on or  after  January
    2  1, 2003].
    3    § 3. Subdivisions (c) and (d) of section 68 of chapter 525 of the laws
    4  of 1988, amending the tax law and the administrative code of the city of
    5  New York relating to the imposition of taxes in the city of New York, as
    6  amended  by  section 3 of part P of chapter 383 of the laws of 2001, are
    7  amended to read as follows:
    8    (c) The provisions of sections one,  thirty-one,  thirty-two,  thirty-
    9  three,  thirty-six,  thirty-seven, forty through forty-five, forty-seven
   10  and forty-eight shall apply to taxable years  beginning  after  December
   11  31, 1986[, provided, however, that the amendments made by sections thir-
   12  ty-six  and  forty-one  of  this act, and new subdivision (i) of section
   13  11-641 of the administrative code of the city of New York  as  added  by
   14  section  forty-four  of this act shall not apply to taxable years begin-
   15  ning on or after January 1, 2003];
   16    (d) The provisions of section forty-six shall apply to  taxable  years
   17  beginning  after December 31, 1986[, and shall not apply to corporations
   18  other than savings banks and savings and loan associations  for  taxable
   19  years beginning on or after January 1, 2003, provided, however, that the
   20  provisions  of  such section which relate to the alternative minimum tax
   21  measured by taxable assets shall continue to apply to all taxpayers  for
   22  taxable years beginning on or after January 1, 2003];
   23    § 4. Section 1452 of the tax law is amended by adding a new subsection
   24  (j) to read as follows:
   25    (j)  Transitional provisions relating to the enactment and implementa-
   26  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything
   27  to the contrary contained in this section, a  corporation  that  was  in
   28  existence  before  January  first, two thousand three and was subject to
   29  tax under article nine-A of this  chapter  for  its  last  taxable  year
   30  beginning before January first, two thousand three, shall continue to be
   31  taxable under article nine-A for all taxable years beginning on or after
   32  January first, two thousand three and before January first, two thousand
   33  four.  The preceding sentence shall not apply to any taxable year during
   34  which such corporation is a banking corporation described in  paragraphs
   35  one  through  eight  of  subsection (a) of this section. Notwithstanding
   36  anything to the contrary contained in this  section,  a  banking  corpo-
   37  ration  that  was  in existence before January first, two thousand three
   38  and was subject to tax under this article  for  its  last  taxable  year
   39  beginning before January first, two thousand three, shall continue to be
   40  taxable  under  this article for all taxable years beginning on or after
   41  January first, two thousand three and before January first, two thousand
   42  four. Provided, however, that nothing in this subsection shall  prohibit
   43  a corporation that elected pursuant to subsection (d) of this section to
   44  be  taxable  under  article  nine-A  of  this chapter from revoking that
   45  election in accordance with such subsection (d).
   46    For purposes of this paragraph, a corporation shall be  considered  to
   47  be  subject  to  tax  under article nine-A of this chapter for a taxable
   48  year if such corporation was not a taxpayer but was properly included in
   49  a combined report filed pursuant to section two hundred eleven  of  this
   50  chapter  for  such taxable year and a corporation shall be considered to
   51  be subject to tax under this article for a taxable year if  such  corpo-
   52  ration was not a taxpayer but was properly included in a combined return
   53  filed  pursuant  to  subsection  (f)  or (g) of section fourteen hundred
   54  sixty-two of this article for such taxable year. A corporation that  was
   55  in  existence before January first, two thousand three but first becomes
   56  a taxpayer in a taxable year beginning on or after  January  first,  two
       S. 1410                             5                            A. 2110
 
    1  thousand  three  and  before  January first, two thousand four, shall be
    2  considered for purposes of this paragraph to have been  subject  to  tax
    3  under article nine-A of this chapter for its last taxable year beginning
    4  before  January first, two thousand three if such corporation would have
    5  been subject to tax under such article for such taxable year if  it  had
    6  been  a  taxpayer  during  such  taxable year. A corporation that was in
    7  existence before January first, two thousand three but first  becomes  a
    8  taxpayer  in  a  taxable  year  beginning on or after January first, two
    9  thousand three and before January first, two  thousand  four,  shall  be
   10  considered  for  purposes  of this paragraph to have been subject to tax
   11  under this article for its last taxable year  beginning  before  January
   12  first, two thousand three if such corporation would have been subject to
   13  tax  under  this article for such taxable year if it had been a taxpayer
   14  during such taxable year.
   15    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this
   16  section,  a  corporation  formed on or after January first, two thousand
   17  three and before January first,  two  thousand  four  may  elect  to  be
   18  subject  to tax under this article or under article nine-A of this chap-
   19  ter for its first taxable year beginning on or after January first,  two
   20  thousand  three  and  before  January  first, two thousand four in which
   21  either (i) sixty-five percent or more of its voting stock  is  owned  or
   22  controlled,  directly  or  indirectly  by  a  financial holding company,
   23  provided the corporation whose voting stock is so owned or controlled is
   24  principally engaged in activities that are described in section  4(k)(4)
   25  or  4(k)(5)  of the federal bank holding company act of nineteen hundred
   26  fifty-six, as amended and the regulations promulgated  pursuant  to  the
   27  authority of such section, or (ii) it is a financial subsidiary.
   28    An  election  under  this  paragraph  may not be made by a corporation
   29  described in paragraphs one through eight  of  subsection  (a)  of  this
   30  section  or  in subsection (e) of this section. In addition, an election
   31  under this paragraph may not be made by a corporation that is a party to
   32  a reorganization, as defined in subsection (a) of  section  368  of  the
   33  internal revenue code of 1986, as amended, of a corporation described in
   34  paragraph  one  of  this subsection if both corporations were sixty-five
   35  percent or more owned or controlled, directly or indirectly, by the same
   36  interests at the time of the  reorganization.  An  election  under  this
   37  paragraph  must  be  made  by the taxpayer on or before the due date for
   38  filing its return (determined with regard  to  extensions  of  time  for
   39  filing) for the applicable taxable year.  The election to be taxed under
   40  article  nine-A  of this chapter shall be made by the taxpayer by filing
   41  the report required pursuant to section two hundred eleven of this chap-
   42  ter and the election to be taxed under this article shall be made by the
   43  taxpayer by filing the return  required  pursuant  to  section  fourteen
   44  hundred  sixty-two  of  this article. Any election made pursuant to this
   45  paragraph shall be irrevocable and shall apply to each subsequent  taxa-
   46  ble  year  beginning  on  or after January first, two thousand three and
   47  before January first, two thousand four, provided that the stock  owner-
   48  ship  requirements  described  in subparagraph (i) of this paragraph are
   49  met or such corporation described in subparagraph (ii) of this paragraph
   50  continues as a financial subsidiary.
   51    (3) For purposes of this  section,  a  financial  subsidiary  means  a
   52  corporation  (i)  sixty-five  percent  or  more of whose voting stock is
   53  owned or controlled, directly or indirectly  by  a  banking  corporation
   54  described  in  paragraph  one,  two  or  three of subsection (a) of this
   55  section and (ii) is described in section 5136A(g) of the  revised  stat-
   56  utes of the United States or section 46 of the federal deposit insurance
       S. 1410                             6                            A. 2110
 
    1  act.  For purposes of this article, the term "banking corporation" shall
    2  include a corporation electing to be taxed under this  article  pursuant
    3  to  paragraph  two of this subsection for so long as such election shall
    4  be in effect.
    5    §  5.  Subparagraph  (iv)  of paragraph 2 of subsection (f) of section
    6  1462 of the tax law, as amended by section 6 of part P of chapter 383 of
    7  the laws of 2001, is amended to read as follows:
    8    (iv) (A) Notwithstanding any provision of  this  paragraph,  any  bank
    9  holding  company exercising its corporate franchise or doing business in
   10  the state may make a return on a  combined  basis  without  seeking  the
   11  permission  of  the commissioner with any banking corporation exercising
   12  its corporate franchise or doing business in the state in a corporate or
   13  organized capacity sixty-five percent or more of whose voting  stock  is
   14  owned or controlled, directly or indirectly, by such bank holding compa-
   15  ny,  for the first taxable year beginning on or after January first, two
   16  thousand and before January first,  two  thousand  [three]  four  during
   17  which  such  bank holding company registers for the first time under the
   18  federal bank holding company act, as amended, and also elects  to  be  a
   19  financial holding company. In addition, for each subsequent taxable year
   20  beginning  after  January  first, two thousand and before January first,
   21  two thousand [three] four, any such bank holding company may file  on  a
   22  combined  basis  without seeking the permission of the commissioner with
   23  any banking corporation that is exercising its  corporate  franchise  or
   24  doing  business  in  the  state  and sixty-five percent or more of whose
   25  voting stock is owned or controlled, directly  or  indirectly,  by  such
   26  bank  holding  company  if either such banking corporation is exercising
   27  its corporate franchise or doing business in the state in a corporate or
   28  organized capacity for the first time  during  such  subsequent  taxable
   29  year,  or sixty-five percent or more of the voting stock of such banking
   30  corporation is owned or controlled, directly or indirectly, by such bank
   31  holding company for the first time during such subsequent taxable  year.
   32  Provided however, for each subsequent taxable year beginning after Janu-
   33  ary  first,  two thousand and before January first, two thousand [three]
   34  four, a banking corporation described in either  of  the  two  preceding
   35  sentences  which  filed  on  a combined basis with any such bank holding
   36  company in a previous taxable year, must continue to file on a  combined
   37  basis with such bank holding company if such banking corporation, during
   38  such  subsequent taxable year, continues to exercise its corporate fran-
   39  chise or do business in the state in a corporate or  organized  capacity
   40  and  sixty-five  percent  or  more  of such banking corporation's voting
   41  stock continues to be owned or controlled, directly  or  indirectly,  by
   42  such bank holding company, unless the permission of the commissioner has
   43  been  obtained  to  file on a separate basis for such subsequent taxable
   44  year. Provided further, however, for each subsequent taxable year begin-
   45  ning after January first, two thousand and  before  January  first,  two
   46  thousand  [three] four, a banking corporation described in either of the
   47  first two sentences of this clause which did  not  file  on  a  combined
   48  basis with any such bank holding company in a previous taxable year, may
   49  not  file  on a combined basis with such bank holding company during any
   50  such subsequent taxable year unless the permission of  the  commissioner
   51  has  been obtained to file on a combined basis for such subsequent taxa-
   52  ble year.
   53    (B) Notwithstanding any provision of this paragraph other than  clause
   54  (A)  of this subparagraph, the commissioner may not require a bank hold-
   55  ing company which, during a taxable year beginning on or  after  January
   56  first, two thousand and before January first, two thousand [three] four,
       S. 1410                             7                            A. 2110
 
    1  registers  for the first time during such taxable year under the federal
    2  bank holding company act, as amended, and also elects to be a  financial
    3  holding  company,  to  make a return on a combined basis for any taxable
    4  year  beginning on or after January first, two thousand and before Janu-
    5  ary first, two thousand [three] four with a banking  corporation  sixty-
    6  five  percent  or  more  of  whose  voting stock is owned or controlled,
    7  directly or indirectly, by such bank holding company.
    8    § 6. Section 11-640 of the administrative code of the city of New York
    9  is amended by adding a new subdivision (i) to read as follows:
   10    (i) Transitional provisions relating to the enactment and  implementa-
   11  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything
   12  to  the  contrary  contained  in this section, a corporation that was in
   13  existence before January first, two thousand three and  was  subject  to
   14  tax  under  subchapter  two  of  this  chapter for its last taxable year
   15  beginning before January first, two thousand three, shall continue to be
   16  taxable under subchapter two for all taxable years beginning on or after
   17  January first, two thousand three and before January first, two thousand
   18  four. The preceding sentence shall not apply to any taxable year  during
   19  which  such corporation is a banking corporation described in paragraphs
   20  one through eight of subdivision (a) of  this  section.  Notwithstanding
   21  anything  to  the  contrary  contained in this section, a banking corpo-
   22  ration that was in existence before January first,  two  thousand  three
   23  and  was  subject to tax under this subchapter for its last taxable year
   24  beginning before January first, two thousand three, shall continue to be
   25  taxable under this subchapter for all  taxable  years  beginning  on  or
   26  after  January  first,  two thousand three and before January first, two
   27  thousand four. Provided, however, that nothing in this subdivision shall
   28  prohibit a corporation that elected pursuant to subdivision (d) of  this
   29  section to be taxable under subchapter two of this chapter from revoking
   30  that election in accordance with subdivision (d) of this section.
   31    For  purposes  of this paragraph, a corporation shall be considered to
   32  be subject to tax under subchapter two of this  chapter  for  a  taxable
   33  year if such corporation was not a taxpayer but was properly included in
   34  a  combined  report filed pursuant to subdivision four of section 11-605
   35  of this chapter for such taxable year and a corporation shall be consid-
   36  ered to be subject to tax under this subchapter for a  taxable  year  if
   37  such  corporation  was  not  a  taxpayer  but was properly included in a
   38  combined report filed pursuant to subdivision  (f)  or  (g)  of  section
   39  11-646  of this chapter for such taxable year. A corporation that was in
   40  existence before January first, two thousand three but first  becomes  a
   41  taxpayer  in  a  taxable  year  beginning on or after January first, two
   42  thousand three and before January first, two  thousand  four,  shall  be
   43  considered  for  purposes  of this paragraph to have been subject to tax
   44  under subchapter two of this chapter for its last taxable year beginning
   45  before January first, two thousand three if such corporation would  have
   46  been  subject  to  tax under such subchapter for such taxable year if it
   47  had been a taxpayer during such taxable year. A corporation that was  in
   48  existence  before  January first, two thousand three but first becomes a
   49  taxpayer in a taxable year beginning on  or  after  January  first,  two
   50  thousand  three  and  before  January first, two thousand four, shall be
   51  considered for purposes of this paragraph to have been  subject  to  tax
   52  under this subchapter for its last taxable year beginning before January
   53  first, two thousand three if such corporation would have been subject to
   54  tax under this subchapter for such taxable year if it had been a taxpay-
   55  er during such taxable year.
       S. 1410                             8                            A. 2110
 
    1    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this
    2  section, a corporation formed on or after January  first,  two  thousand
    3  three  and  before  January  first,  two  thousand  four may elect to be
    4  subject to tax under this subchapter or under  subchapter  two  of  this
    5  chapter  for its first taxable year beginning on or after January first,
    6  two thousand three and before January first, two thousand four in  which
    7  either  (i)  sixty-five  percent or more of its voting stock is owned or
    8  controlled, directly or  indirectly  by  a  financial  holding  company,
    9  provided the corporation whose voting stock is so owned or controlled is
   10  principally  engaged in activities that are described in section 4(k)(4)
   11  or 4(k)(5) of the federal bank holding company act of  nineteen  hundred
   12  fifty-six,  as  amended  and the regulations promulgated pursuant to the
   13  authority of such section or (ii)  it  is  a  financial  subsidiary.  An
   14  election under this paragraph may not be made by a corporation described
   15  in paragraphs one through eight of subdivision (a) of this section or in
   16  subdivision  (e)  of  this  section. In addition, an election under this
   17  paragraph may not be made by a corporation that is a party to a reorgan-
   18  ization, as defined in subsection (a) of section  368  of  the  internal
   19  revenue  code  of  1986, as amended, of a corporation described in para-
   20  graph one of this  subdivision  if  both  corporations  were  sixty-five
   21  percent  or more owned or controlled, directly or indirectly by the same
   22  interests at the time of the reorganization.
   23    An election under this paragraph must be made by the  taxpayer  on  or
   24  before  the  due  date  for filing its return (determined with regard to
   25  extensions of time for filing) for  the  applicable  taxable  year.  The
   26  election  to be taxed under subchapter two of this chapter shall be made
   27  by the taxpayer by filing the return required  pursuant  to  subdivision
   28  one of section 11-605 of this chapter and the election to be taxed under
   29  this  subchapter  shall  be  made  by  the taxpayer by filing the return
   30  required pursuant to subdivision (a) of section 11-646 of this  chapter.
   31  Any  election  made  pursuant to this paragraph shall be irrevocable and
   32  shall apply to each subsequent taxable year beginning on or after  Janu-
   33  ary  first,  two  thousand  three and before January first, two thousand
   34  four, provided  that  the  stock  ownership  requirements  described  in
   35  subparagraph (i) of this paragraph are met or such corporation described
   36  in  subparagraph (ii) of this paragraph continues as a financial subsid-
   37  iary.
   38    (3) For purposes of this  section,  a  financial  subsidiary  means  a
   39  corporation  (i)  sixty-five  percent  or  more of whose voting stock is
   40  owned or controlled, directly or indirectly  by  a  banking  corporation
   41  described  in  paragraph  one,  two  or three of subdivision (a) of this
   42  section and (ii) is described in section 5136A(g) of the  revised  stat-
   43  utes of the United States or section 46 of the federal deposit insurance
   44  act.  For  purposes  of  this subchapter, the term "banking corporation"
   45  shall include a corporation electing to be taxed under  this  subchapter
   46  pursuant  to  paragraph  two  of  this  subdivision  for so long as such
   47  election shall be in effect.
   48    § 7. Subparagraph (iv) of paragraph 2 of subdivision  (f)  of  section
   49  11-646 of the administrative code of the city of New York, as amended by
   50  section  9  of  part P of chapter 383 of the laws of 2001, is amended to
   51  read as follows:
   52    (iv) (A) Notwithstanding any provision of  this  paragraph,  any  bank
   53  holding  company exercising its corporate franchise or doing business in
   54  the city may make a return on  a  combined  basis  without  seeking  the
   55  permission  of  the commissioner with any banking corporation exercising
   56  its corporate franchise or doing business in the city in a corporate  or
       S. 1410                             9                            A. 2110
 
    1  organized  capacity  sixty-five percent or more of whose voting stock is
    2  owned or controlled, directly or indirectly, by such bank holding compa-
    3  ny, for the first taxable year beginning on or after January first,  two
    4  thousand  and  before  January  first,  two thousand [three] four during
    5  which such bank holding company registers for the first time  under  the
    6  federal  bank  holding  company act, as amended, and also elects to be a
    7  financial holding company. In addition, for each subsequent taxable year
    8  beginning after January first, two thousand and  before  January  first,
    9  two  thousand  [three] four, any such bank holding company may file on a
   10  combined basis without seeking the permission of the  commissioner  with
   11  any  banking  corporation  that is exercising its corporate franchise or
   12  doing business in the city and  sixty-five  percent  or  more  of  whose
   13  voting  stock  is  owned  or controlled, directly or indirectly, by such
   14  bank holding company if either such banking  corporation  is  exercising
   15  its  corporate franchise or doing business in the city in a corporate or
   16  organized capacity for the first time  during  such  subsequent  taxable
   17  year,  or sixty-five percent or more of the voting stock of such banking
   18  corporation is owned or controlled, directly or indirectly, by such bank
   19  holding company for the first time during such subsequent taxable  year.
   20  Provided however, for each subsequent taxable year beginning after Janu-
   21  ary  first,  two thousand and before January first, two thousand [three]
   22  four, a banking corporation described in either  of  the  two  preceding
   23  sentences  which  filed  on  a combined basis with any such bank holding
   24  company in a previous taxable year, must continue to file on a  combined
   25  basis with such bank holding company if such banking corporation, during
   26  such  subsequent taxable year, continues to exercise its corporate fran-
   27  chise or do business in the city in a corporate  or  organized  capacity
   28  and  sixty-five  percent  or  more  of such banking corporation's voting
   29  stock continues to be owned or controlled, directly  or  indirectly,  by
   30  such bank holding company, unless the permission of the commissioner has
   31  been  obtained  to  file on a separate basis for such subsequent taxable
   32  year.   Provided further, however,  for  each  subsequent  taxable  year
   33  beginning  after  January  first, two thousand and before January first,
   34  two thousand [three] four, a banking corporation described in either  of
   35  the  first two sentences of this clause which did not file on a combined
   36  basis with any such bank holding company in a previous taxable year, may
   37  not file on a combined basis with such bank holding company  during  any
   38  such  subsequent  taxable year unless the permission of the commissioner
   39  has been obtained to file on a combined basis for such subsequent  taxa-
   40  ble year.
   41    (B)  Notwithstanding any provision of this paragraph other than clause
   42  (A) of this subparagraph, the commissioner may not require a bank  hold-
   43  ing  company  which, during a taxable year beginning on or after January
   44  first, two thousand and before January first, two thousand [three] four,
   45  registers for the first time during such taxable year under the  federal
   46  bank  holding company act, as amended, and also elects to be a financial
   47  holding company, to make a return on a combined basis  for  any  taxable
   48  year  beginning on or after January first, two thousand and before Janu-
   49  ary first, two thousand [three] four with a banking  corporation  sixty-
   50  five  percent  or  more  of  whose  voting stock is owned or controlled,
   51  directly or indirectly, by such bank holding company.
   52    § 8. This act shall take effect immediately.
 
   53                                   PART B
       S. 1410                            10                            A. 2110
 
    1    Section 1. Subdivision (e) of section 1500 of the tax law, as  amended
    2  by  section 148 of part A of chapter 389 of the laws of 1997, is amended
    3  to read as follows:
    4    (e) The term "taxpayer" means any insurance corporation subject to the
    5  tax  imposed  under section [fifteen hundred one or] fifteen hundred ten
    6  or any captive insurance  company  subject  to  the  tax  imposed  under
    7  section fifteen hundred two-b of this article.
    8    § 2. Subdivisions (g), (h), (i) and (j) of section 1500 of the tax law
    9  are REPEALED and subdivision (k) is relettered subdivision (g).
   10    § 3. Section 1501 of the tax law is REPEALED.
   11    § 4. Section 1502 of the tax law is REPEALED.
   12    §  5.  Subdivision  (a)  of section 1502-b of the tax law, as added by
   13  section 149 of part A of chapter 389 of the laws of 1997, is amended  to
   14  read as follows:
   15    (a)  In  lieu  of  the  [taxes and] tax [surcharges] surcharge and tax
   16  imposed by sections [fifteen hundred one,] fifteen hundred five-a[,] and
   17  fifteen hundred ten of this article,  every  captive  insurance  company
   18  licensed  by  the superintendent of insurance pursuant to the provisions
   19  of article seventy of the insurance law,  other  than  the  metropolitan
   20  transportation  authority  which is expressly exempt from the payment of
   21  fees, taxes or assessments whether state or local, shall, for the privi-
   22  lege of exercising its corporate franchise, pay a tax on (1)  all  gross
   23  direct  premiums, less return premiums thereon, written on risks located
   24  or resident in this state and (2) all assumed reinsurance premiums, less
   25  return premiums thereon, written on risks located or  resident  in  this
   26  state.    The  rate of the tax imposed on gross direct premiums shall be
   27  four-tenths of one percent on all  or  any  part  of  the  first  twenty
   28  million  dollars  of premiums, three-tenths of one percent on all or any
   29  part of the second twenty million dollars of premiums, two-tenths of one
   30  percent on all or any part of the third twenty million dollars of premi-
   31  ums, and seventy-five thousandths of  one  percent  on  each  dollar  of
   32  premiums  thereafter.  The rate of the tax on assumed reinsurance premi-
   33  ums shall be two hundred twenty-five thousandths of one percent  on  all
   34  or any part of the first twenty million dollars of premiums, one hundred
   35  and  fifty  thousandths  of one percent on all or any part of the second
   36  twenty million dollars of premiums, fifty thousandths of one percent  on
   37  all  or  any  part  of  the third twenty million dollars of premiums and
   38  twenty-five thousandths of one percent on each dollar of premiums there-
   39  after.  The tax imposed by this section shall be equal to the greater of
   40  (i) the sum of the tax imposed on gross  direct  premiums  and  the  tax
   41  imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   42    § 6. Section 1503 of the tax law is REPEALED.
   43    § 7. Section 1504 of the tax law is REPEALED.
   44    § 8. Section 1505 of the tax law is REPEALED.
   45    §  9.  Subdivision (a) of section 1505-a of the tax law, as amended by
   46  section 7 of part D of chapter 20 of the laws of  2001,  is  amended  to
   47  read as follows:
   48    (a)  Every  domestic  insurance corporation and every foreign or alien
   49  insurance corporation, and every life insurance corporation described in
   50  subdivision (b) of section fifteen hundred [one] ten  of  this  article,
   51  for  the  privilege of exercising its corporate franchise, or of [doing]
   52  carrying on business[, or of employing capital, or of owning or  leasing
   53  property]  in  the  metropolitan  commuter  transportation district in a
   54  corporate or organized capacity[, or of maintaining  an  office  in  the
   55  metropolitan  commuter  transportation district,] for all or any part of
   56  its taxable years commencing on or after January first, nineteen hundred
       S. 1410                            11                            A. 2110
 
    1  eighty-two, but ending before December thirty-first, two thousand  five,
    2  except  corporations  specified  in  subdivision  (c) of section fifteen
    3  hundred twelve of this article, shall annually pay, in addition  to  the
    4  [taxes]  tax  imposed  by  [sections  fifteen  hundred  one and] section
    5  fifteen hundred ten of this  article  [as  limited  by  section  fifteen
    6  hundred  five  of  this  article],  a  tax  surcharge on the [taxes] tax
    7  imposed under [sections fifteen hundred one and] section fifteen hundred
    8  ten of this article [as limited by section fifteen hundred five of  this
    9  article]  after  the  deduction of any credits otherwise allowable under
   10  this article as allocated to such district.  Such [taxes] tax  shall  be
   11  allocated  to such district for purposes of computing such tax surcharge
   12  [by applying the methodology, procedures and computations set  forth  in
   13  subdivisions  (a)  and (b) of section fifteen hundred four of this arti-
   14  cle, except that references to terms denoting  New  York  premiums,  and
   15  total  wages,  salaries,  personal  service compensation and commissions
   16  within New York shall be read as denoting within the metropolitan commu-
   17  ter transportation district and terms denoting total premiums and  total
   18  wages,  salaries, personal service compensation and commissions shall be
   19  read as denoting within the state.  If it shall appear  to  the  commis-
   20  sioner  that the application of the methodology, procedures and computa-
   21  tions set forth in such subdivisions  (a)  and  (b)  does  not  properly
   22  reflect the activity, business or income of a taxpayer within the metro-
   23  politan commuter transportation district, then the commissioner shall be
   24  authorized,  in  the commissioner's discretion, to adjust such methodol-
   25  ogy, procedures and computations for  the  purpose  of  allocating  such
   26  taxes by:
   27    (1) excluding one or more factors therein;
   28    (2)  including  one  or  more other factors therein, such as expenses,
   29  purchases, receipts other  than  premiums,  real  property  or  tangible
   30  personal property; or
   31    (3)  any  other similar or different method which allocates such taxes
   32  by attributing a fair and proper portion of such taxes to the  metropol-
   33  itan  commuter  transportation  district.  The commissioner from time to
   34  time shall publish all rulings of general public interest  with  respect
   35  to  any  application  of  the  provisions of the preceding sentence. The
   36  commissioner may promulgate rules and regulations to  further  implement
   37  the  provisions of this section] pursuant to a fraction, the denominator
   38  of which shall be the direct  premiums  subject  to  tax  under  section
   39  fifteen hundred ten of this article, and the numerator of which shall be
   40  the  direct premiums subject to tax under section fifteen hundred ten of
   41  this article that are written on risks located or resident in the metro-
   42  politan commuter transportation district,  including  premiums  written,
   43  procured   or  received  in  the  metropolitan  commuter  transportation
   44  district on business that cannot be specifically assigned as located  or
   45  resident  in an area of New York state outside the metropolitan commuter
   46  transportation district, or in another state or states; provided, howev-
   47  er, in the case of special risk premiums, the  numerator  shall  include
   48  only  those  premiums  written, procured or received in the metropolitan
   49  commuter transportation district on property or risks located  or  resi-
   50  dent  in  the  metropolitan  commuter  transportation district. Such tax
   51  surcharge shall be computed at the rate of eighteen per  centum  of  the
   52  taxes imposed under sections fifteen hundred one and fifteen hundred ten
   53  of this article as limited by section fifteen hundred five of this arti-
   54  cle  (as those sections were in effect prior to January first, two thou-
   55  sand three), as allocated to such district, for such  taxable  years  or
   56  any  part  of  such  taxable  years ending before December thirty-first,
       S. 1410                            12                            A. 2110
 
    1  nineteen hundred eighty-three after the deduction of any credits  other-
    2  wise  allowable  under  this article, [and] at the rate of seventeen per
    3  centum of the taxes imposed under such sections as  limited  by  section
    4  fifteen  hundred  five of this article (as those sections were in effect
    5  prior to January first,  two  thousand  three),  as  allocated  to  such
    6  district,  for  such  taxable  years  or  any part of such taxable years
    7  ending on or after December thirty-first, nineteen hundred  eighty-three
    8  and  before January first, two thousand three after the deduction of any
    9  credits otherwise allowable under this  article,  and  at  the  rate  of
   10  seventeen  per  centum  of the tax imposed under section fifteen hundred
   11  ten of this article, as allocated to such  district,  for  such  taxable
   12  years  or  any  part  of  such taxable years ending on or after December
   13  thirty-first, two thousand three after  the  deduction  of  any  credits
   14  otherwise  allowable under this article; provided, however, that the tax
   15  surcharge imposed by this section shall not be imposed upon any taxpayer
   16  for more than two hundred seventy-six months.  Provided,  however,  that
   17  for  taxable  years  commencing on or after July first, two thousand and
   18  before January first, two thousand three, such surcharge shall be calcu-
   19  lated as if (i) the rate of the tax  computed  under  paragraph  one  of
   20  subdivision  (a) of section fifteen hundred two of this article (as that
   21  section was in effect prior to January first, two  thousand  three)  was
   22  nine  percent  and  (ii)  the rate of the limitation on tax set forth in
   23  section fifteen hundred five of this article (as  that  section  was  in
   24  effect prior to January first, two thousand three) for domestic, foreign
   25  and  alien  insurance  corporations, except life insurance corporations,
   26  was two and six-tenths percent.
   27    § 10. Paragraph 2 of subdivision (d) of section 1505-a of the tax law,
   28  as amended by chapter 999 of the laws of 1984, is  amended  to  read  as
   29  follows:
   30    (2)  If,  by  the  laws  of any state other than this state, or by the
   31  action of any public official of such other state, any insurer organized
   32  or domiciled in this state,  or  the  duly  authorized  agents  thereof,
   33  subject  to the business tax surcharge imposed by this section, shall be
   34  required to pay taxes for the privilege of doing business in such  other
   35  state,  which taxes are imposed or assessed because of the taxes imposed
   36  or assessed under this section for taxable years beginning before  Janu-
   37  ary  first,  two  thousand  three,  in computing the tax imposed by this
   38  section, a credit shall be allowed for taxes paid to other states, which
   39  credit shall be determined pursuant to the provisions of  this  section;
   40  provided, however, that the credit allowed any insurer under this subdi-
   41  vision  shall  in  no event be greater than the tax surcharge payable by
   42  such insurer pursuant to this section for the taxable year with  respect
   43  to which such amount has been imposed or assessed by such other states.
   44    §  11. Subdivision (e) of section 1505-a of the tax law, as amended by
   45  chapter 166 of the laws of 1991, is amended to read as follows:
   46    (e) The provisions concerning returns under  section  fifteen  hundred
   47  fifteen of this article shall be applicable to this section, except that
   48  for  purposes  of  an  automatic  extension  for six months for filing a
   49  return covering the tax surcharges imposed by this section,  such  auto-
   50  matic  extension  shall  be  allowed  only  if a taxpayer files with the
   51  commissioner an application for extension in such  form  and  manner  as
   52  said  commissioner may prescribe by regulation and such taxpayer pays on
   53  or before the date of such filing, in  addition  to  any  other  amounts
   54  required  under  this  article,  either ninety percent of the entire tax
   55  required to be paid under this section for the applicable period, or not
   56  less than the tax surcharge shown  on  the  taxpayer's  return  for  the
       S. 1410                            13                            A. 2110
 
    1  preceding  taxable  year,  if  such preceding taxable year was a taxable
    2  year of twelve months.  The tax surcharge imposed by this section  shall
    3  be  payable  to  the  commissioner  in  full  at  the time the return is
    4  required  to  be  filed,  and such tax surcharge or the balance thereof,
    5  imposed on any taxpayer which ceases to exercise  its  franchise  or  be
    6  subject  to  the tax surcharge imposed by this section, shall be payable
    7  to the commissioner at the time the return  is  required  to  be  filed,
    8  provided such tax surcharge of such domestic, foreign or alien insurance
    9  corporation,  including  life  insurance  corporations,  as described in
   10  subdivision (b) of section fifteen hundred [one] ten  of  this  article,
   11  shall  be  subject  to  adjustment as the circumstances may require; all
   12  other tax surcharges of any such taxpayer, which pursuant to the forego-
   13  ing provisions of this section would otherwise be payable subsequent  to
   14  the  time  such  return  is  required to be filed, shall nevertheless be
   15  payable at such time. All of the provisions of  this  article  presently
   16  applicable are applicable to the tax surcharge imposed by this section.
   17    § 12. Section 1510 of the tax law, as added by chapter 649 of the laws
   18  of  1974, subdivision (a) as amended by chapter 640 of the laws of 1992,
   19  subdivision (b) as amended by chapter 57 of the laws of 1977,  paragraph
   20  1  of  subdivision (b) as amended by section 88 of part A of chapter 389
   21  of the laws of 1997, paragraph 1 of subdivision (c) as amended by  chap-
   22  ter  729  of the laws of 1993, paragraph 2 of subdivision (c) as amended
   23  by chapter 805 of the laws of 1984 and paragraph 4 of subdivision (c) as
   24  amended by chapter 389 of the laws  of  1979,  is  amended  to  read  as
   25  follows:
   26    §  1510.  [Additional  franchise]  Franchise  tax  on insurance corpo-
   27  rations. (a) [Domestic, foreign and alien insurance corporations  except
   28  life  insurance  corporations.]  Except  as  hereinafter provided, every
   29  domestic insurance corporation, every foreign insurance corporation  and
   30  every  alien insurance corporation[, other than such corporations trans-
   31  acting the business of life insurance,] (1) authorized to transact busi-
   32  ness in this state under a certificate of authority from the superinten-
   33  dent of insurance or (2) which is a risk retention group as  defined  in
   34  subsection  [(o)]  (n)  of section five thousand nine hundred two of the
   35  insurance law, shall, for the privilege of  exercising  corporate  fran-
   36  chises  or for carrying on business in a corporate or organized capacity
   37  within this state, and in addition to any other taxes imposed  for  such
   38  privilege,  pay a tax on all gross direct premiums, less return premiums
   39  thereon, written on risks located or resident in this state.   The  rate
   40  of  tax  imposed  by  this subdivision shall be two percent [on premiums
   41  written on or after January first,  nineteen  hundred  seventy-four  and
   42  before January first, nineteen hundred seventy-five, one and nine-tenths
   43  percent  on premiums written on or after January first, nineteen hundred
   44  seventy-five and before January first, nineteen hundred seventy-six, one
   45  and eight-tenths percent on premiums written on or after January  first,
   46  nineteen  hundred seventy-six and before January first, nineteen hundred
   47  seventy-eight, one and two-tenths percent  on  premiums  written  on  or
   48  after  January  first, nineteen hundred seventy-eight and before January
   49  first, nineteen hundred ninety-two and one and three-tenths  percent  on
   50  premiums  written  on  and after such date.  Provided, however, that the
   51  rate of tax imposed by this subdivision on all  gross  direct  premiums,
   52  less   return  premiums  thereon,  for  accident  and  health  insurance
   53  contracts shall be one and six-tenths percent for such premiums  written
   54  on  or  after  January  first,  nineteen hundred seventy-four and before
   55  January first, nineteen hundred seventy-eight, and one percent for  such
       S. 1410                            14                            A. 2110
 
    1  premiums  written  on  or after January first, nineteen hundred seventy-
    2  eight].
    3    (b)  [Domestic,  foreign  and  alien  life insurance corporations. (1)
    4  Except as hereinafter provided, every  domestic  life  insurance  corpo-
    5  ration,  and  every foreign and alien life insurance corporation author-
    6  ized to transact business in this state under a certificate of authority
    7  from the superintendent of insurance, shall, for the privilege of  exer-
    8  cising  corporate  franchises or for carrying on business in a corporate
    9  or organized capacity within this state, and in addition  to  any  other
   10  taxes  imposed  for such privilege, pay a tax on all gross direct premi-
   11  ums, less return premiums thereon, received  in  cash  or  otherwise  on
   12  risks resident in this state, including supplemental contracts for total
   13  and  permanent  disability  benefits  and accidental death benefits. The
   14  rate of such tax shall be (i) one and six-tenths percent on such  premi-
   15  ums  received  on  or after January first, nineteen hundred seventy-four
   16  and before January  first,  nineteen  hundred  seventy-eight,  (ii)  one
   17  percent  on  such  premiums received on or after January first, nineteen
   18  hundred seventy-eight and before January first, nineteen hundred  eight-
   19  y-seven,  (iii)  eight-tenths  percent  on  such premiums received on or
   20  after January first, nineteen hundred eighty-seven  and  before  January
   21  first,  nineteen  hundred ninety-eight, and (iv) seven-tenths percent on
   22  such premiums received on or after January first, nineteen hundred nine-
   23  ty-eight.
   24    (2)] Every [such] life insurance  corporation  which  shall  obtain  a
   25  certificate of authority to transact business in this state or a renewal
   26  of such certificate from the superintendent of insurance shall, upon the
   27  expiration  of  such  certificate  for  any cause or upon its ceasing to
   28  transact new business in this state, continue to  pay  a  tax  upon  its
   29  business remaining in force in this state at the rate and as computed in
   30  this subdivision.
   31    (c) Determination of direct premiums--general provisions. (1) The term
   32  "premium"  includes  all amounts received as consideration for insurance
   33  contracts or reinsurance contracts, other than  for  annuity  contracts,
   34  and shall include premium deposits, assessments, policy fees, membership
   35  fees,  any  separate costs by carriers assessed upon their policyholders
   36  and every other compensation for  such  contract.  In  ascertaining  the
   37  amount of direct premiums upon which a tax is payable under this section
   38  there  shall  be  first determined the amount of total gross premiums or
   39  deposit premiums or assessments, less returns thereon, on all  policies,
   40  certificates,  renewals,  policies subsequently cancelled, insurance and
   41  reinsurance executed, issued or delivered on property or  risks  located
   42  or  resident  in this state, including premiums for reinsurance assumed,
   43  and also including premiums written, procured or received in this  state
   44  on  business  which  cannot specifically be allocated or apportioned and
   45  reported as taxable premiums or which have been used as a measure  of  a
   46  tax  on  business of any other state or states. Provided however, in the
   47  case of special risk premiums, direct premiums shall include only  those
   48  premiums  written,  procured  or  received  in this state on property or
   49  risks located or resident in this state. The reporting of  premiums  for
   50  the  purpose  of  the  tax imposed by this section shall be on a written
   51  basis or on a paid-for basis consistent with the basis required  by  the
   52  annual  statement filed with the superintendent of insurance pursuant to
   53  section three hundred seven of the insurance law.
   54    (2) The term "gross direct premiums," as used in this  section,  shall
   55  not  include premiums for policies issued pursuant to section four thou-
   56  sand two hundred thirty-six of  the  insurance  law  [and  premiums  for
       S. 1410                            15                            A. 2110
 
    1  insurance  upon hulls, freights, or disbursements, or upon goods, wares,
    2  merchandise and all other personal property and  interests  therein,  in
    3  the  course of exportation from, importation into any country, or trans-
    4  portation  coastwise,  including  transportation  by  land or water from
    5  point of origin to final destination in respect to, appertaining to,  or
    6  in  connection  with, any and all risks or perils of navigation, transit
    7  or transportation, and while being  prepared  for,  and  while  awaiting
    8  shipment,  and  during  any delays, storage, transshipment or reshipment
    9  incident thereto, including war risks and marine builder's risks].
   10    (3) After determining the amount of total gross premiums, less returns
   11  thereon, as hereinbefore provided, there shall be deducted the following
   12  items:
   13    (A) Such premiums, less  return  premiums  thereon,  which  have  been
   14  received  by  way  of  reinsurance  from  corporations or other insurers
   15  authorized to transact business in this state;
   16    (B) Such premiums, less  return  premiums  thereon,  which  have  been
   17  received  by  way of reinsurance from corporations or other insurers not
   18  authorized to transact business in this state to the  extent  that  such
   19  premiums  relate  to transactions (i) that are authorized by section two
   20  thousand one hundred five of the insurance law with  respect  to  excess
   21  line  insurance,  and  (ii)  with  respect  to which sums are payable by
   22  licensed excess line brokers to the superintendent of insurance pursuant
   23  to section two thousand one hundred eighteen of such law; and
   24    (C) Dividends on such direct business, including unused or  unabsorbed
   25  portions  of premium deposits paid or credited to policyholders, but not
   26  including deferred dividends paid in cash to policyholders  on  maturing
   27  policies, nor cash surrender values.
   28    (4)  In  determining  the  amount  of  direct premiums taxable in this
   29  state, all such premiums written, procured or  received  in  this  state
   30  shall be deemed written on property or risks located or resident in this
   31  state  except such premiums as are properly allocated or apportioned and
   32  reported as taxable premiums or which have been used as a measure  of  a
   33  tax  of  any  other  state  or  states, provided however, in the case of
   34  special risk premiums, direct premiums shall include only those premiums
   35  written, procured or received in this state on property or risks located
   36  or resident in this state.
   37    (d) In no event shall the tax imposed under this section be less  than
   38  two hundred fifty dollars.
   39    (e)  Powers  and  duties  of the superintendent of insurance.  (1) The
   40  superintendent of insurance shall, on behalf  of  the  [tax  commission]
   41  commissioner, have the power, duty and responsibility to examine returns
   42  of  an  insurance  corporation filed with him or her pursuant to section
   43  fifteen hundred fifteen and, together with any other information  within
   44  his  or  her  possession or that may come into his or her possession, to
   45  ascertain the correct amount of tax imposed under this section  [of]  on
   46  any  insurance corporation. For the purpose of ascertaining the correct-
   47  ness of any such tax imposed under this section or for  the  purpose  of
   48  making an estimate of the tax liability under this section of any insur-
   49  ance  corporation,  the superintendent of insurance shall have the power
   50  to examine or cause to have examined  by  any  agent  or  representative
   51  designated by him or her for that purpose, any books, papers, records or
   52  memoranda  bearing  upon  the  matters  required  to  be included in the
   53  return.
   54    (2) If the superintendent of insurance ascertains that the  amount  of
   55  tax  imposed  under this section as shown on the return of any insurance
   56  corporation is less than the amount of tax disclosed by his or her exam-
       S. 1410                            16                            A. 2110
 
    1  ination, he or she shall propose, in writing, to  the  [tax  commission]
    2  commissioner  the issuance of a notice of deficiency for the amount due.
    3  If an insurance corporation fails to file a return with the  superinten-
    4  dent of insurance within the time required for the filing of such return
    5  (with  regard  to  any  extension  of  time for the filing thereof), the
    6  superintendent of insurance shall make an estimate of the amount of  tax
    7  due for the period in respect to which such insurance corporation failed
    8  to file the return. The estimate shall be made from any available infor-
    9  mation which is in the possession or may come into the possession of the
   10  superintendent  of insurance and he or she shall propose, in writing, to
   11  the [tax commission] commissioner the issuance of a notice of deficiency
   12  for the amount of such estimated tax.  Any  proposal  pursuant  to  this
   13  paragraph  shall  set  forth  the  basis  thereof and the details of its
   14  computation.
   15    (3) The [tax commission] commissioner shall, on receipt of a  proposal
   16  from  the superintendent of insurance pursuant to paragraph [(2)] two of
   17  this subdivision, review such  proposal  and  if  satisfied  as  to  the
   18  correctness thereof shall take appropriate action under this chapter for
   19  the assessment and collection of the amount of tax, together with inter-
   20  est  and penalties, either shown by such proposal to be due or which the
   21  [state tax commission] commissioner ascertains to be due. The provisions
   22  of this subdivision shall not in any way be deemed to limit the power of
   23  the [tax commission] commissioner to conduct such examination, or inves-
   24  tigation as it deems necessary in order to carry  out  its  duties  with
   25  respect to the taxes imposed under this section.
   26    (4)  Subject  to  the  consent  of the superintendent of insurance and
   27  notwithstanding any other provisions of law to the  contrary,  the  [tax
   28  commission]  commissioner  may  delegate  such other of [its] his or her
   29  powers and duties with respect to the administration and  collection  of
   30  the taxes imposed under this section to the superintendent of insurance,
   31  as the [tax commission] commissioner finds necessary in order to facili-
   32  tate such administration and collection.
   33    §  13.  Paragraph 1 of subdivision (c) of section 1511 of the tax law,
   34  as added by chapter 649 of the laws of  1974,  is  amended  to  read  as
   35  follows:
   36    (1)  If,  by  the  laws  of any state other than this state, or by the
   37  action of any public official of such other state, any insurer organized
   38  or domiciled in this state, or the duly authorized agents thereof, shall
   39  be required to pay taxes for the privilege of  doing  business  in  such
   40  other  state for taxable years beginning before January first, two thou-
   41  sand three, and such amounts are imposed or assessed because  the  taxes
   42  which  are  or would be imposed under this chapter and the insurance law
   43  upon insurers organized or domiciled in such  other  state  are  greater
   44  than  those required of insurers organized or domiciled in this state by
   45  the laws of such other state for the privilege of doing business therein
   46  for taxable years beginning before January first,  two  thousand  three,
   47  then  and  in  every case, to the extent such amounts are legally due to
   48  such other states, an insurer organized or domiciled in this  state  may
   49  claim  a credit, as hereinafter provided, against the tax payable pursu-
   50  ant to this article of a sum not to  exceed  ninety  per  cent  of  such
   51  amount.  Provided, such credit shall in no event be greater than the tax
   52  payable pursuant to this article during the taxable year with respect to
   53  which such amount has been imposed or assessed by such other states. For
   54  purposes  of  this  section,  the term "taxes for the privilege of doing
   55  business" shall include, but shall not be limited to, a tax on or  meas-
   56  ured by income.
       S. 1410                            17                            A. 2110
 
    1    §  14.  Paragraph 2 of subdivision (e) of section 1511 of the tax law,
    2  as added by chapter 788 of the laws of  1978,  is  amended  to  read  as
    3  follows:
    4    (2)  In no event shall the credit herein provided for be allowed in an
    5  amount which will reduce the tax payable to less than  the  minimum  tax
    6  fixed  by  [paragraph  four of] subdivision [(a)] (d) of section fifteen
    7  hundred [two] ten of this article. If, however,  the  amount  of  credit
    8  allowable under this subdivision for any taxable year reduces the tax to
    9  such  amount,  any  amount of credit not deductible in such taxable year
   10  may be carried over to the following year or years and may  be  deducted
   11  from the taxpayer's tax for such year or years.
   12    §  15.  Paragraph 5 of subdivision (f) of section 1511 of the tax law,
   13  as amended by chapter 803 of the laws of 1985, is  amended  to  read  as
   14  follows:
   15    (5)  No  credit  allowed pursuant to this subdivision shall reduce the
   16  tax payable by any taxpayer under this article for any taxable  year  to
   17  an  amount less than the minimum tax fixed by [paragraph four of] subdi-
   18  vision [(a)] (d) of section fifteen hundred [two] ten of this article.
   19    § 16. The closing paragraph of  paragraph  4  of  subdivision  (g)  of
   20  section 1511 of the tax law, as amended by section 8 of part BB of chap-
   21  ter 407 of the laws of 1999, is amended to read as follows:
   22    Provided,  further,  however, that the credit provided for herein with
   23  respect to the taxable year, and carryovers of such credit to the  taxa-
   24  ble  year,  deducted  from the tax otherwise due, may not, in the aggre-
   25  gate, exceed fifty percent of the [sum of the taxes] tax  imposed  under
   26  [sections  fifteen  hundred one and] section fifteen hundred ten [or the
   27  limitation on tax computed pursuant to  section  fifteen  hundred  five,
   28  whichever  is  less], computed without regard to any credit provided for
   29  under this article.
   30    § 17. Paragraph 5 of subdivision (g) of section 1511 of the  tax  law,
   31  as  amended  by  chapter  170 of the laws of 1994, is amended to read as
   32  follows:
   33    (5) The credit or carryovers of such credit allowed under this  subdi-
   34  vision  for any taxable year shall not, in the aggregate, reduce the tax
   35  due for such year to less than the minimum tax fixed by [paragraph  four
   36  of]  subdivision  [(a)] (d) of section fifteen hundred [two] ten of this
   37  article.  However, if the amount of credit or carryovers of such credit,
   38  or both, allowed under this subdivision for any taxable year reduces the
   39  tax to such amount, or if any part of the credit or carryovers  of  such
   40  credit  may  not be deducted from the tax otherwise due by reason of the
   41  final sentence in paragraph  four  [hereof]  of  this  subdivision,  any
   42  amount  of  credit  or  carryovers of such credit thus not deductible in
   43  such taxable year may be carried over to the following year or years and
   44  may be deducted from the taxpayer's tax for such year or years.
   45    § 18. Paragraphs 2 and 3 of subdivision (h) of section 1511 of the tax
   46  law, as amended by chapter 708 of the laws of 1993, are amended to  read
   47  as follows:
   48    (2)  The credit and carryover of such credit allowed under this subdi-
   49  vision for any taxable year shall not, in the aggregate, reduce the  tax
   50  due  for such year to less than the minimum tax fixed by [paragraph four
   51  of] subdivision [(a)] (d) of section fifteen hundred [two] ten  of  this
   52  article.  However, if the amount of credit or carryovers of such credit,
   53  or both, allowed under this subdivision for any taxable year reduces the
   54  tax  to  such amount, or if any part of the credit or carryovers of such
   55  credit may not be deducted from the tax otherwise due by reason  of  the
   56  final  sentence of this paragraph, any amount of credit or carryovers of
       S. 1410                            18                            A. 2110
 
    1  such credit thus not deductible in such taxable year may be carried over
    2  to the following year or years and may be deducted from the tax for such
    3  year or years.  In addition, the amount of such credit,  and  carryovers
    4  of  such credit to the taxable year, deducted from the tax otherwise due
    5  may not, in the aggregate, exceed fifty  percent  of  the  [sum  of  the
    6  taxes]  tax  imposed  under  [sections  fifteen hundred one and] section
    7  fifteen hundred ten [or the  limitation  on  tax  computed  pursuant  to
    8  section  fifteen  hundred  five,  whichever  is  less], computed without
    9  regard to any credit provided for under this article.
   10    (3) [Where] For taxable years  beginning  before  January  first,  two
   11  thousand three, where the stock, partnership interest or other ownership
   12  interest  arising  from  a qualified investment as described in subpara-
   13  graphs (A) and (B) of paragraph one of this subdivision is disposed  of,
   14  the  taxpayer's  entire  net income shall be computed, pursuant to regu-
   15  lations promulgated by the commissioner, so as to properly  reflect  the
   16  reduced cost thereof arising from the application of the credit provided
   17  for herein.
   18    §  19.  Paragraph 5 of subdivision (j) of section 1511 of the tax law,
   19  as added by chapter 142 of the laws of  1997,  is  amended  to  read  as
   20  follows:
   21    (5)  Carryover. The credit and carryovers of such credit allowed under
   22  this subdivision for any taxable  year  shall  not,  in  the  aggregate,
   23  reduce  the  tax due for such year to less than the minimum tax fixed by
   24  [paragraph four of] subdivision [(a)] (d)  of  section  fifteen  hundred
   25  [two]  ten  of  this article. However, if the amount of credit or carry-
   26  overs of such credit, or both, allowed under this  subdivision  for  any
   27  taxable  year  reduces the tax to such amount, then any amount of credit
   28  or carryovers of such credit thus not deductible in  such  taxable  year
   29  may  be  carried over to the following year or years and may be deducted
   30  from the taxpayer's tax for such year or years.
   31    § 20. Paragraph 3 of subdivision (k) of section 1511 of the  tax  law,
   32  as amended by section 2 of part S of chapter 407 of the laws of 1999, is
   33  amended to read as follows:
   34    (3)  No credit allowable pursuant to this subdivision shall reduce the
   35  tax payable under this article to less than the  minimum  tax  fixed  by
   36  [paragraph  four  of]  subdivision  [(a)] (d) of section fifteen hundred
   37  [two] ten of this article. If, however, the amount of  credit  allowable
   38  under  this  subdivision  for  any  taxable year reduces the tax to such
   39  amount, any amount of credit not taken  in  such  taxable  year  may  be
   40  carried over to the following year or years and may be deducted from the
   41  taxpayer's tax for such year or years.
   42    §  21.  Subdivision  (1)  of  section 1511 of the tax law, as added by
   43  section 5 of part J of chapter 407 of the laws of 1999,  is  amended  to
   44  read as follows:
   45    (l)  Credit  for  purchase  of  an automated external defibrillator. A
   46  taxpayer shall be allowed a credit as hereinafter provided, against  the
   47  tax  imposed by this article for the purchase, other than for resale, of
   48  an automated external defibrillator, as such term is defined in  section
   49  three  thousand-b  of  the  public  health law. The amount of the credit
   50  shall be the cost to the taxpayer of automated  external  defibrillators
   51  purchased  during  the  taxable  year,  such  credit  not to exceed five
   52  hundred dollars with respect to each unit purchased. The credit  allowed
   53  under this subdivision for any taxable year shall not reduce the tax due
   54  for  such year to less than the minimum tax fixed by [paragraph four of]
   55  subdivision [(a)] (d) of section fifteen hundred [two] ten of this arti-
   56  cle.
       S. 1410                            19                            A. 2110
 
    1    § 22. Paragraph 2 of subdivision (m) of section 1511 of the  tax  law,
    2  as  added  by  section 9 of part E of chapter 63 of the laws of 2000, is
    3  amended to read as follows:
    4    (2)  In no event shall the credit herein provided for be allowed in an
    5  amount which will reduce the tax payable to less than  the  minimum  tax
    6  fixed  by  subdivision [(a)] (d) of section fifteen hundred [two] ten of
    7  this article. If, however, the amount of  credit  allowable  under  this
    8  subdivision  for  any  taxable  year reduces the tax to such amount, any
    9  amount of credit not deductible in such taxable year may be carried over
   10  to the following year or years and may be deducted from  the  taxpayer's
   11  tax for such year or years.
   12    §  23.  Paragraph 2 of subdivision (n) of section 1511 of the tax law,
   13  as added by section 7 of part CC of chapter 63 of the laws of  2000,  is
   14  amended to read as follows:
   15    (2)  Application  of  credit. The credit and carryovers of such credit
   16  allowed under this subdivision for any taxable year shall  not,  in  the
   17  aggregate, reduce the tax due for such year to less than the minimum tax
   18  fixed  by  [paragraph  four of] subdivision [(a)] (d) of section fifteen
   19  hundred [two] ten of this article. However, if the amount of  credit  or
   20  carryovers  of  such credit, or both, allowed under this subdivision for
   21  any taxable year reduces the tax to such  amount,  then  any  amount  of
   22  credit  or carryovers of such credit thus not deductible in such taxable
   23  year may be carried over to the following  year  or  years  and  may  be
   24  deducted from the taxpayer's tax for such year or years.
   25    §  24.  Paragraph 2 of subdivision (o) of section 1511 of the tax law,
   26  as added by section  8 of part II of chapter 63 of the laws of 2000,  is
   27  amended to read as follows:
   28    (2)  Carryover. The credit and carryovers of such credit allowed under
   29  this subdivision for any taxable  year  shall  not,  in  the  aggregate,
   30  reduce  the  tax due for such year to less than the minimum tax fixed by
   31  [paragraph four of] subdivision [(a)] (d)  of  section  fifteen  hundred
   32  [two]  ten  of  this article. However, if the amount of credit or carry-
   33  overs of such credit, or both, allowed under this  subdivision  for  any
   34  taxable  year  reduces the tax to such amount, then any amount of credit
   35  or carryovers of such credit thus not deductible in  such  taxable  year
   36  may  be  carried over to the following year or years and may be deducted
   37  from the taxpayer's tax for such year or years.
   38    § 25. Paragraph 2 of subdivision (p) of section 1511 of the  tax  law,
   39  as  added  by  section 7 of part I of chapter 63 of the laws of 2000, is
   40  amended to read as follows:
   41    (2) Application of credit. The credit allowed under  this  subdivision
   42  for  any taxable year shall not reduce the tax due for such year to less
   43  than the minimum tax fixed by [paragraph four of] subdivision [(a)]  (d)
   44  of  section  fifteen  hundred [two] ten of this article. However, if the
   45  amount of credit allowed under this subdivision  for  any  taxable  year
   46  reduces  the  tax  to  such  amount,  then any amount of credit thus not
   47  deductible in such taxable year shall be treated as  an  overpayment  of
   48  tax  to  be  credited  or  refunded in accordance with the provisions of
   49  section ten hundred eighty-six of this chapter. Provided,  however,  the
   50  provisions of subsection (c) of section ten hundred eighty-eight of this
   51  chapter notwithstanding, that no interest shall be paid thereon.
   52    §  26.  Paragraph 4 of subdivision (q) of section 1511 of the tax law,
   53  as added by section 1 of part L of chapter 63 of the laws  of  2000,  is
   54  amended to read as follows:
   55    (4) Except as otherwise provided in this paragraph, the credit allowed
   56  under this subdivision for any taxable year shall not reduce the tax due
       S. 1410                            20                            A. 2110
 
    1  for such year to less than the [dollar] amount fixed as a minimum tax by
    2  subdivision  [(a)]  (d)  of  section [one thousand five] fifteen hundred
    3  [two] ten of this article. However, if the amount  of  credit  allowable
    4  under  this  subdivision  for  any  taxable year reduces the tax to such
    5  amount, any amount of credit allowed for a taxable year may  be  carried
    6  over  to  the fifteen taxable years next following such taxable year and
    7  may be deducted from the taxpayer's tax for such year or years. In  lieu
    8  of  such  carryover, any such taxpayer which qualifies as a new business
    9  under paragraph seven of this subdivision may elect to treat the  amount
   10  of such carryover as an overpayment of tax to be credited or refunded in
   11  accordance  with  the  provisions  of section one thousand eighty-six of
   12  this chapter[,]; provided, however, the provisions of subsection (c)  of
   13  section  one thousand eighty-eight of this chapter notwithstanding, that
   14  no interest shall be paid thereon.
   15    § 27. Paragraph 2 of subdivision (r) of section 1511 of the  tax  law,
   16  as  added  by section 7 of part GG of chapter 63 of the laws of 2000, is
   17  amended to read as follows:
   18    (2) Application of credit. The credit allowed under  this  subdivision
   19  for  any taxable year shall not reduce the tax due for such year to less
   20  than the minimum tax fixed by [paragraph four of] subdivision [(a)]  (d)
   21  of  section  fifteen  hundred [two] ten of this article. However, if the
   22  amount of credit allowed under this subdivision  for  any  taxable  year
   23  reduces  the  tax  to  such  amount,  then any amount of credit thus not
   24  deductible in such taxable year shall be treated as  an  overpayment  of
   25  tax  to  be  credited  or  refunded in accordance with the provisions of
   26  section ten hundred eighty-six of this chapter. Provided,  however,  the
   27  provisions of subsection (c) of section ten hundred eighty-eight of this
   28  chapter notwithstanding, that no interest shall be paid thereon.
   29    § 27-a. Subdivision (s) of section 1511 of the tax law is REPEALED.
   30    §  28.  Subdivision  (t) of section 1511 of the tax law, as amended by
   31  section 5 of part J of chapter 85 of the laws of  2002,  is  amended  to
   32  read as follows:
   33    [(t)]  (s)  Order of credits. Notwithstanding the succeeding sentences
   34  of this subdivision, the credits provided for in  subdivisions  (g)  and
   35  (h) of this section shall be deducted before any other credits allowable
   36  under  this article, and the credit provided for in such subdivision (g)
   37  shall be deducted after the credit provided for in such subdivision (h).
   38  After application of the first sentence of this subdivision, the credits
   39  allowable under this article which cannot be carried over and which  are
   40  not  refundable  shall  be  deducted first. Credits allowable under this
   41  article which can be carried over, and carryovers of such credits, shall
   42  be deducted next, and among such credits, those whose  carryover  is  of
   43  limited  duration  shall  be deducted before those whose carryover is of
   44  unlimited duration. Credits  allowable  under  this  article  which  are
   45  refundable  shall  be deducted last. [Credits under subdivisions (g) and
   46  (h) of this section may not be  deducted  from  the  limitation  on  tax
   47  computed pursuant to section fifteen hundred five of this article.]
   48    §  29.   Subdivision (c) of section 1512 of the tax law, as amended by
   49  chapter 639 of the laws of 1986, is amended to read as follows:
   50    (c) The [taxes] tax imposed  by  [sections  fifteen  hundred  one  and
   51  fifteen  hundred  ten]  this article shall not apply to any corporation,
   52  association, joint stock company or association, person, society, aggre-
   53  gation or partnership doing an insurance business as a member of the New
   54  York insurance exchange described in section six  thousand  two  hundred
   55  one  of  the  insurance  law. [However, such corporations, associations,
   56  joint stock companies or associations, persons, societies,  aggregations
       S. 1410                            21                            A. 2110
 
    1  or  partnerships must compute an allocated entire net income pursuant to
    2  sections fifteen hundred three and fifteen hundred four of this  article
    3  and  transmit a return to the tax commission pursuant to section fifteen
    4  hundred fifteen of this article.]
    5    §  30.  Subdivision  (b) of section 1513 of the tax law, as amended by
    6  chapter 166 of the laws of 1991, is amended to read as follows:
    7    (b) Definition of estimated tax and  estimated  tax  surcharge.    The
    8  terms  "estimated  tax"  and  "estimated tax surcharge" mean the amounts
    9  which the taxpayer estimates to be the [taxes] tax  imposed  by  section
   10  [fifteen  hundred  one  and]  fifteen  hundred  ten or the tax surcharge
   11  imposed by section fifteen hundred five-a, respectively, for the current
   12  taxable year, less the sum of any  credits  which  it  estimates  to  be
   13  allowable against such [taxes] tax or tax surcharge, respectively.
   14    §  31.  Paragraph 2 of subdivision (a) of section 1514 of the tax law,
   15  as added by section 89 of part A of chapter 389 of the laws of 1997,  is
   16  amended to read as follows:
   17    (2)  For  taxable  years beginning on or after January first, nineteen
   18  hundred ninety-nine and before January first, two thousand three,  every
   19  taxpayer  subject  to  tax  under  paragraph  one  of subdivision (b) of
   20  section fifteen hundred ten of this article  (as  such  section  was  in
   21  effect  prior  to  January  first, two thousand three) shall pay in each
   22  such year an amount equal to forty percent of the tax imposed under such
   23  article for the preceding taxable year, if  such  preceding  year's  tax
   24  exceeded one thousand dollars. If such preceding year's tax exceeded one
   25  thousand  dollars  and  such  taxpayer  is  subject to the tax surcharge
   26  imposed by section fifteen hundred five-a of this article, such taxpayer
   27  shall also pay an amount equal to forty percent  of  the  tax  surcharge
   28  imposed  under  section fifteen hundred five-a for the preceding taxable
   29  year.
   30    § 32. Subdivisions (e) and (f) of section 1514 of the tax law,  subdi-
   31  vision (e) as amended by chapter 166 of the laws of 1991 and subdivision
   32  (f)  as added by chapter 103 of the laws of 1981, are amended to read as
   33  follows:
   34    (e) Interest on certain installments based  on  the  preceding  year's
   35  tax.    Notwithstanding  the  provisions of section one thousand eighty-
   36  eight of this chapter or section sixteen of the state finance law, if an
   37  amount paid pursuant to subdivision (a) of this section exceeds the  tax
   38  or tax surcharge, respectively, shown on the return required to be filed
   39  by  the taxpayer for the taxable year during which such amount was paid,
   40  interest shall be allowed and paid on the amount by which the amount  so
   41  paid pursuant to subdivision (a) of this section exceeds such tax or tax
   42  surcharge,  at the overpayment rate set by the commissioner [of taxation
   43  and finance] pursuant to subdivision (e) of section one  thousand  nine-
   44  ty-six of this chapter or, if no rate is set, at the rate of six percent
   45  per  annum,  from  the date of payment of the amount so paid pursuant to
   46  such subdivision (a) to the fifteenth day of the third  month  following
   47  the  close  of  the taxable year[,]; provided, however, that no interest
   48  shall be allowed or paid under this subdivision if the amount thereof is
   49  less than one dollar [or if such interest becomes payable solely because
   50  of a loss described in paragraph four  of  subdivision  (b)  of  section
   51  fifteen hundred three].
   52    (f)  The  preceding  year's tax defined. As used in this section, "the
   53  preceding year's tax" means for taxable years beginning  before  January
   54  first,  two  thousand  four,  the  taxes  imposed  upon  the taxpayer by
   55  sections fifteen hundred one and fifteen hundred  ten  of  this  article
   56  from  the  preceding  taxable year or, for taxable years beginning on or
       S. 1410                            22                            A. 2110
 
    1  after January first, two thousand four, the tax imposed upon the taxpay-
    2  er by section fifteen hundred ten of this article, or, for  purposes  of
    3  computing the first installment of estimated tax when an application has
    4  been  filed  for extension of the time for filing the return required to
    5  be filed for such preceding taxable year, the amount properly  estimated
    6  pursuant  to paragraph one of subdivision (b) of section fifteen hundred
    7  sixteen of this article as the tax imposed upon the  taxpayer  for  such
    8  taxable year.
    9    §  33.  Subdivisions  (f)  and  (g) of section 1515 of the tax law are
   10  REPEALED.
   11    § 34. Subdivision (j) of section 14  of  the  tax  law,  as  added  by
   12  section 13-a of part CC of chapter 85 of the laws of 2002, is amended to
   13  read as follows:
   14    [(j)] (k) If the designation of an area as an empire zone is no longer
   15  in effect because section nine hundred sixty-nine of the general munici-
   16  pal law was not amended to extend the effective date of such designation
   17  beyond  July thirty-first, two thousand four, a business enterprise that
   18  was certified pursuant to article eighteen-B of  the  general  municipal
   19  law  on July thirty-first, two thousand four shall be deemed to continue
   20  to be certified under such  article  eighteen-B  for  purposes  of  this
   21  section,  and  sections  fifteen, sixteen, subdivisions twenty-seven and
   22  twenty-eight of section two hundred ten, subsections (bb)  and  (cc)  of
   23  section  six  hundred  six,  subdivision  (z)  of section eleven hundred
   24  fifteen, subsections (o) and (p) of section fourteen hundred  fifty-six,
   25  and  [subdivisions] subdivision (r) [and (s)] of section fifteen hundred
   26  eleven of this chapter. In addition, if the designation of an area as an
   27  empire zone is no longer in effect because section nine  hundred  sixty-
   28  nine  of  the general municipal law was not amended to extend the effec-
   29  tive date of such designation beyond  July  thirty-first,  two  thousand
   30  four,  all  references to empire zones in the provisions of this chapter
   31  listed in the previous sentence shall be read as  meaning  areas  desig-
   32  nated as empire zones on July thirty-first, two thousand four.
   33    §  35.  Subdivision  (a)  of  section  16  of the tax law, as added by
   34  section 2 of part GG of chapter 63 of the laws of 2000,  is  amended  to
   35  read as follows:
   36    (a)  Allowance  of credit. A taxpayer which is a qualified empire zone
   37  enterprise (QEZE), or which is a sole proprietor of a QEZE or  a  member
   38  of  a  partnership  which  is  a QEZE, and which is subject to tax under
   39  article nine-A, twenty-two[,] or thirty-two [or  thirty-three]  of  this
   40  chapter,  shall  be  allowed  a credit against such tax, pursuant to the
   41  provisions referenced in subdivision (g) of this section, to be computed
   42  as hereinafter provided.
   43    § 36. Subdivision (f) of section 16 of the  tax  law,  as  amended  by
   44  section  14  of part CC of chapter 85 of the laws of 2002, is amended to
   45  read as follows:
   46    (f) Tax factor. (1) General. The tax factor shall be, in the  case  of
   47  article  nine-A of this chapter, the larger of the amounts of tax deter-
   48  mined for the taxable year under paragraphs (a) and (c)  of  subdivision
   49  one of section two hundred ten of such article. The tax factor shall be,
   50  in  the  case  of article twenty-two of this chapter, the tax determined
   51  for the taxable year under subsections (a) through (d)  of  section  six
   52  hundred  one  of  such  article. The tax factor shall be, in the case of
   53  article thirty-two of this chapter, the larger of  the  amounts  of  tax
   54  determined  for  the taxable year under subsection (a) and paragraph two
   55  of subsection (b) of section fourteen hundred fifty-five of  such  arti-
   56  cle.  [The  tax  factor shall be, in the case of article thirty-three of
       S. 1410                            23                            A. 2110
 
    1  this chapter, the larger of the amounts of tax determined for the  taxa-
    2  ble  year  under  paragraphs one and three of subdivision (a) of section
    3  fifteen hundred two of such article.]
    4    (2)  Sole  proprietors,  partners  and S corporation shareholders. (A)
    5  Where the taxpayer is a sole  proprietor  of  a  qualified  empire  zone
    6  enterprise,  the  taxpayer's  tax  factor  shall  be that portion of the
    7  amount determined in paragraph one of this subdivision which is  attrib-
    8  utable  to  the  income  of  the  qualified empire zone enterprise. Such
    9  attribution shall be made in accordance with the ratio of the taxpayer's
   10  income from the qualified empire zone enterprise  allocated  within  the
   11  state,  entering  into New York adjusted gross income, to the taxpayer's
   12  New York adjusted gross income, or in accordance with such other methods
   13  as the commissioner may prescribe as providing  an  apportionment  which
   14  reasonably  reflects  the  portion of the taxpayer's tax attributable to
   15  the income of the qualified empire zone enterprise. In no event may  the
   16  ratio so determined exceed 1.0.
   17    (B)(i)  Where  the  taxpayer  is  a member of a partnership which is a
   18  qualified empire zone enterprise, the taxpayer's  tax  factor  shall  be
   19  that  portion of the amount determined in paragraph one of this subdivi-
   20  sion which is attributable to the income of the partnership. Such attri-
   21  bution shall be made in accordance  with  the  ratio  of  the  partner's
   22  income  from the partnership allocated within the state to the partner's
   23  entire income, or in accordance with such other methods as  the  commis-
   24  sioner  may  prescribe  as  providing  an apportionment which reasonably
   25  reflects the portion of the partner's tax attributable to the income  of
   26  the partnership. In no event may the ratio so determined exceed 1.0.
   27    (ii) For purposes of article nine-A[,] or thirty-two [or thirty-three]
   28  of  this chapter, the term "partner's income from the partnership" means
   29  partnership items of income, gain, loss  and  deduction,  and  New  York
   30  modifications  thereto, entering into entire net income, minimum taxable
   31  income[,] or alternative entire net income [or entire  net  income  plus
   32  compensation]  , and the term "partner's entire income" means entire net
   33  income, minimum taxable income[,] or alternative entire net  income  [or
   34  entire  net  income  plus compensation], allocated within the state. For
   35  purposes of article twenty-two of  this  chapter,  the  term  "partner's
   36  income  from  the  partnership" means partnership items of income, gain,
   37  loss and deduction, and New York modifications  thereto,  entering  into
   38  New  York  adjusted gross income, and the term "partner's entire income"
   39  means New York adjusted gross income.
   40    (C) Where the taxpayer is a shareholder of a New  York  S  corporation
   41  which  is  a  qualified  empire  zone  enterprise, the shareholder's tax
   42  factor shall be that portion of the amount determined in  paragraph  one
   43  of  this subdivision which is attributable to the income of the S corpo-
   44  ration. Such attribution shall be made in accordance with the  ratio  of
   45  the  shareholder's  income  from  the S corporation allocated within the
   46  state, entering into New York adjusted gross income, to  the  sharehold-
   47  er's  New  York  adjusted gross income, or in accordance with such other
   48  methods as the commissioner may prescribe as providing an  apportionment
   49  which reasonably reflects the portion of the shareholder's tax attribut-
   50  able to the income of the qualified empire zone enterprise.  In no event
   51  may the ratio so determined exceed 1.0.
   52    (3) Combined returns or reports. (A) Where the taxpayer is a qualified
   53  empire  zone enterprise and is required or permitted to make a return or
   54  report on a combined basis under article  nine-A[,]  or  thirty-two  [or
   55  thirty-three]  of  this  chapter, the taxpayer's tax factor shall be the
   56  amount determined in paragraph one of this subdivision which is  attrib-
       S. 1410                            24                            A. 2110
 
    1  utable  to  the  income  of  the  qualified empire zone enterprise. Such
    2  attribution shall be made in accordance with the ratio of the  qualified
    3  empire  zone  enterprise's  income  allocated  within  the  state to the
    4  combined group's income, or in accordance with such other methods as the
    5  commissioner  may  prescribe as providing an apportionment which reason-
    6  ably reflects the portion of the combined group's  tax  attributable  to
    7  the  income of the qualified empire zone enterprise. In no event may the
    8  ratio so determined exceed 1.0.
    9    (B) The term "income of the qualified empire  zone  enterprise"  means
   10  entire  net  income, minimum taxable income[,] or alternative entire net
   11  income [or entire net income plus compensation]  calculated  as  if  the
   12  taxpayer  was  filing separately, and the term "combined group's income"
   13  means entire net income, minimum taxable income[,] or alternative entire
   14  net income [or entire net income plus  compensation]  as  shown  on  the
   15  combined return or report, allocated within the state.
   16    (4)  If  the amount determined in paragraph one of this subdivision is
   17  less than zero, a taxpayer shall not be  allowed  a  credit  under  this
   18  section.
   19    §  37.  Subdivision  (g)  of  section  16  of the tax law, as added by
   20  section 2 of part GG of chapter 63 of the laws of 2000,  is  amended  to
   21  read as follows:
   22    (g) Definitions and cross-references. For definitions of terms used in
   23  this  section  see  sections  fourteen  and fifteen of this article. For
   24  application of the credit provided for in this section, see the  follow-
   25  ing provisions of this chapter:
   26    (1) Article 9-A: Section 210: subdivision 28.
   27    (2) Article 22: Section 606: subsections (i) and (cc).
   28    (3) Article 32: Section 1456: subsection (p).
   29    [(4) Article 33: Section 1511: subdivision (s).]
   30    § 38. Subparagraph 15 of paragraph (a) of subdivision 9 of section 208
   31  of the tax law is REPEALED.
   32    § 39. Paragraph 1 of subsection (e) of section 1085 of the tax law, as
   33  amended  by  chapter  55  of  the  laws  of  1992, is amended to read as
   34  follows:
   35    (1) Paragraphs [(1)] one and [(2)]  two  of  subsection  (d)  of  this
   36  section shall not apply in the case of any corporation (or any predeces-
   37  sor  corporation)  which  had  entire net income, or the portion thereof
   38  allocated within the state, of one million dollars or more for any taxa-
   39  ble year during the three taxable years immediately preceding the  taxa-
   40  ble  year involved; provided, however, that in the case of a corporation
   41  subject to tax under article thirty-three of  this  chapter,  paragraphs
   42  one  and  two  of subsection (d) of this section shall not apply if such
   43  corporation had entire net income,  or  the  portion  thereof  allocated
   44  within  the  state,  of one million dollars or more for any of the three
   45  taxable years immediately preceding the taxable year involved, or if the
   46  direct premiums subject to tax under section fifteen hundred ten of this
   47  chapter of the corporation for any of such three preceding taxable years
   48  beginning on or after  January  first,  two  thousand  three  equals  or
   49  exceeds three million seven hundred fifty thousand dollars.
   50    §  40.  Subparagraph  (C)  of paragraph 2 of subsection (c) of section
   51  4223 of the insurance law, as added by chapter 864 of the laws of  1985,
   52  is amended to read as follows:
   53    (C) additional amounts, including interest (which shall not be less in
   54  any  year than [three] one and one-half percent of the sum of the actual
   55  accumulation amount and the amount of any indebtedness to the company on
       S. 1410                            25                            A. 2110
 
    1  the contract) and dividends, credited by the company  to  the  contract;
    2  minus
    3    §  41. This act shall take effect immediately and shall apply to taxa-
    4  ble years beginning on or after  January  1,  2003;  provided,  however,
    5  that:
    6    1. The amendments to paragraph 3 of subdivision (c) of section 1510 of
    7  the  tax  law  made by section twelve of this act shall apply to taxable
    8  years beginning  on  or  after  January  1,  1990.  Notwithstanding  the
    9  provisions of section 1087 or 1088 of the tax law, a claim for credit or
   10  refund based solely on such amendment made by section twelve of this act
   11  that  otherwise  would be barred by the statute of limitations specified
   12  in section 1087 of the tax law may be  filed,  provided  such  claim  is
   13  filed  within  120  days  from  the date that section twelve of this act
   14  shall take effect; and provided  further,  that  no  interest  shall  be
   15  allowed  and paid on a claim for credit or refund, or portion of a claim
   16  for credit or refund, based on such amendment made by section twelve  of
   17  this act for any taxable year beginning before January 1, 2003; and
   18    2.    The  amendments to subparagraph (C) of paragraph 2 of subsection
   19  (c) of section 4223 of the insurance law made by section forty  of  this
   20  act  shall  take  effect  July  1,  2003, and shall expire and be deemed
   21  repealed June 30, 2005; provided, however,  that  any  annuity  contract
   22  entered  into  on or after July 1, 2003 and prior to June 30, 2005 shall
   23  remain in effect and be valid after such repeal date.
 
   24                                   PART C
 
   25    Section 1. Paragraph 30 of subdivision (a) of section 1115 of the  tax
   26  law,  as  amended  by  section 84 of part A of chapter 56 of the laws of
   27  1998, is amended to read as follows:
   28    (30) [Clothing] During the seven-day periods each year  commencing  on
   29  the  Tuesday immediately preceding the third Monday of January, known as
   30  Dr. Martin Luther King, Jr. day, and ending on Dr. Martin  Luther  King,
   31  Jr.  day,  commencing  on  the first Saturday in April and ending on the
   32  immediately succeeding Friday, commencing on the second Saturday in July
   33  and ending on the immediately succeeding Friday and  commencing  on  the
   34  Tuesday  immediately  preceding  the first Monday in September, known as
   35  Labor day, and ending on Labor day, clothing and footwear for which  the
   36  receipt  or  consideration  given or contracted to be given is less than
   37  [one] five hundred [ten] dollars per article of clothing,  per  pair  of
   38  shoes or other articles of footwear or per item used or consumed to make
   39  or  repair  such clothing and which becomes a physical component part of
   40  such clothing.
   41    § 2. Subdivision (k) of section 1210 of the tax  law,  as  amended  by
   42  section  86  of part A of chapter 56 of the laws of 1998, paragraph 2 as
   43  amended by section 7 of part KK of chapter 407 of the laws of  1999,  is
   44  amended to read as follows:
   45    (k)  Notwithstanding  any other provision of state or local law, ordi-
   46  nance or resolution to the contrary:
   47    (1) Any city having a population of one million or more in  which  the
   48  taxes  imposed  by  section  eleven hundred seven of this chapter are in
   49  effect, acting through its local legislative body, is hereby  authorized
   50  and  empowered to elect to provide the exemption from such taxes for the
   51  same clothing and footwear exempt from state sales and compensating  use
   52  taxes,  during the same periods each year, described in paragraph thirty
   53  of subdivision (a) of section eleven hundred fifteen of this chapter  by
   54  enacting  a  resolution  in  the form set forth in paragraph two of this
       S. 1410                            26                            A. 2110
 
    1  subdivision; whereupon, upon compliance with the provisions of  subdivi-
    2  sions  (d)  and  (e)  of this section, such enactment of such resolution
    3  shall be deemed to be an amendment to such section eleven hundred  seven
    4  and  such  section  eleven  hundred seven shall be deemed to incorporate
    5  such exemption as if it had been duly enacted by the  state  legislature
    6  and approved by the governor.
    7    (2)  Form  of Resolution: Be it enacted by the (insert proper title of
    8  local legislative body) as follows:
    9    Section one.  Receipts  from  sales  of  and  consideration  given  or
   10  contracted  to  be  given  for purchases of clothing and footwear exempt
   11  from state sales and compensating use taxes pursuant to paragraph 30  of
   12  subdivision (a) of section 1115 of the tax law shall also be exempt from
   13  sales  and  compensating  use taxes imposed in this jurisdiction, during
   14  the same periods set forth in such paragraph 30.
   15    Section two. This resolution shall take effect March  1,  (insert  the
   16  year,  but  not  earlier  than  the year [2000] 2004) and shall apply to
   17  sales made and uses occurring [on and after that date although  made  or
   18  occurring under a prior contract] during the applicable exemptions peri-
   19  ods each year, in accordance with the applicable transitional provisions
   20  of sections 1106 and 1217 of the tax law.
   21    § 3. Notwithstanding any provision of state or local law, ordinance or
   22  resolution to the contrary:
   23    (a)  If,  prior  to the date this act shall have become a law, a city,
   24  county or school district imposing  sales  and  compensating  use  taxes
   25  pursuant  to  the authority of paragraph 1 of subdivision (a) of section
   26  1210 or section 1211 of the tax law or a city having a population of one
   27  million or more in which the taxes imposed by section 1107  of  the  tax
   28  law  are  in  effect has elected the exemption for clothing and footwear
   29  described in paragraph 30 of subdivision (a) of section 1115 of the  tax
   30  law,  whether  such  exemption  was in effect on the date this act shall
   31  have become a law or was to take effect at a future date, and
   32    (1) such municipality wishes for the clothing and  footwear  exemption
   33  to  continue  to  apply  or  to  take effect at such future date, in the
   34  amended form set forth in section one of this  act,  then  such  munici-
   35  pality  need  not  take  any action, whereupon, on the effective date of
   36  such section one of this  act  in  the  case  of  a  municipality  whose
   37  election has taken effect prior to the date this act shall have become a
   38  law  or  upon  such  future  date  in  the  case of a municipality whose
   39  election will take effect at a future date, the local law, ordinance  or
   40  resolution  of such municipality imposing such sales and use taxes shall
   41  be deemed to incorporate such amended  exemption  pursuant  to  sections
   42  1210  and  1218 of the tax law, and section 1107 of the tax law shall be
   43  deemed to incorporate such amended exemption as if an amendment to  such
   44  section 1107 had been duly enacted by the state legislature and approved
   45  by the governor; or
   46    (2)  such  municipality  does  not  wish for the clothing and footwear
   47  exemption to continue to apply in the amended form set forth in  section
   48  one of this act, then such municipality, acting through its local legis-
   49  lative  body, shall enact a model enactment prepared by the commissioner
   50  of taxation and finance pursuant to article 29 of the  tax  law  (i)  to
   51  amend  its  local  law,  ordinance  or resolution imposing such taxes to
   52  provide that the exemption will not apply as of the  effective  date  of
   53  section one of this act, or (ii) in the case of such city of one million
   54  or  more,  which shall be deemed to amend section 1107 of the tax law to
   55  provide that the exemption will not apply as of the  effective  date  of
   56  section one of this act as if an amendment to such section 1107 had been
       S. 1410                            27                            A. 2110
 
    1  duly  enacted  by  the  state  legislature and approved by the governor;
    2  provided that any such enactment shall be  effective  and  such  section
    3  1107  shall  be deemed amended only if such municipality gives notice to
    4  the  commissioner  of  taxation  and  finance  in  accordance  with  the
    5  provisions of subdivision (d) of section 1210 or section 1211 of the tax
    6  law, provided that the 90 day minimum notice requirement to such commis-
    7  sioner shall be deemed complied with if such municipality mails a certi-
    8  fied copy of its enactment to such commissioner by certified  or  regis-
    9  tered  mail  at  least 40 days prior to the date section one of this act
   10  shall have taken effect, and such municipality also  complies  with  the
   11  provisions  of  subdivision (e) of such section 1210 or section 1211, as
   12  the case may be.
   13    (b) If a city, county or school district imposing sales and compensat-
   14  ing use taxes pursuant to the authority of paragraph  1  of  subdivision
   15  (a)  of  section  1210 or section 1211 of the tax law or a city having a
   16  population of one million or more in which the taxes imposed by  section
   17  1107  of  this  chapter  are in effect has not elected the exemption for
   18  clothing and footwear described in paragraph 30 of  subdivision  (a)  of
   19  section 1115 of the tax law prior to the date this act shall have become
   20  a law, or has elected such exemption to take effect on March 1, 2004, or
   21  later,  but  such municipality wishes to elect such exemption as amended
   22  by section one of this act to be effective on the same date such section
   23  one takes effect, such municipality, acting through its  local  legisla-
   24  tive body, shall enact a model enactment prepared by the commissioner of
   25  taxation  and finance pursuant to article 29 of the tax law (i) to amend
   26  its local law, ordinance or resolution imposing such  taxes  to  provide
   27  for  such  amended exemption effective on such date, or (ii) in the case
   28  of such city having a population of one million or more, which shall  be
   29  deemed  to  amend  such  section 1107 of the tax law to provide for such
   30  amended exemption effective on such date as  if  an  amendment  to  such
   31  section 1107 had been duly enacted by the state legislature and approved
   32  by the governor; provided that any such enactment shall be effective and
   33  such  section  1107  shall  be  deemed amended only if such municipality
   34  gives notice to the commissioner of taxation and finance  in  accordance
   35  with  the  provisions of subdivision (d) of section 1210 or section 1211
   36  of the tax law, provided that the 90 day minimum notice  requirement  to
   37  such  commissioner  shall  be  deemed complied with if such municipality
   38  mails a certified copy of its enactment to such commissioner  by  certi-
   39  fied  or  registered mail at least 40 days prior to the date section one
   40  of this act shall have taken effect, and such municipality also complies
   41  with the provisions of subdivision (e) of such section 1210  or  section
   42  1211, as the case may be.
   43    § 4. The provisions of sections one through three of this act, section
   44  1107  of  the tax law and paragraph 1 of subdivision (a) of section 1210
   45  of the tax law, and of any resolution enacted  pursuant  thereto,  taken
   46  separately  or  together,  shall  not  be construed by any person or any
   47  court or other entity as either (i) a failure or refusal to continue  to
   48  impose  the  taxes imposed by section 1107 of the tax law, as such taxes
   49  may from time to time be amended, or (ii) as a reduction in the rate  at
   50  which  such  taxes are imposed. After sections one through three of this
   51  act shall have become a law, the taxes imposed by such section  1107  of
   52  the  tax law on receipts from retail sales of and consideration given or
   53  contracted to be given for purchases  of  clothing  and  footwear  shall
   54  (except as provided in section two of this act for the periods set forth
   55  therein if a city of one million or more enacts a resolution pursuant to
   56  the  authority  of  subdivision  (k)  of section 1210 of the tax law, as
       S. 1410                            28                            A. 2110
 
    1  amended by section two of this  act,  or  allows  a  resolution  enacted
    2  pursuant  to  the  authority  of such subdivision (k) of section 1210 to
    3  continue in effect as provided in section three of this act) continue to
    4  apply,  persons  liable for such taxes on purchases of such clothing and
    5  footwear shall continue to be liable for such taxes, persons required to
    6  collect such taxes on such clothing and footwear shall  continue  to  be
    7  required to collect and pay over such taxes to the commissioner of taxa-
    8  tion  and  finance,  such  commissioner shall continue to be required to
    9  certify such taxes on such clothing and footwear as provided by  article
   10  28  of  the  tax  law  and section 92-d of the state finance law and the
   11  state comptroller shall continue to be required to deposit,  appropriate
   12  and  pay  over  such taxes as required by such section 92-d of the state
   13  finance law, in the manner and to the extent as if sections one  through
   14  three of this act had not become a law.
   15    §  5.  This act shall take effect immediately; provided, however, that
   16  section one of this act shall take effect June 1, 2003 and  shall  apply
   17  in  accordance  with  the  applicable transitional provisions of section
   18  1106 of the tax law.
 
   19                                   PART D
 
   20    Section 1. Paragraph 3 of subsection (c) of section  658  of  the  tax
   21  law,  as added by chapter 576 of the laws of 1994, is amended to read as
   22  follows:
   23    (3) Filing fees. Every subchapter K  limited  liability  company,  and
   24  every  limited  liability partnership under article eight-B of the part-
   25  nership law and every foreign limited liability partnership,  which  has
   26  any  income derived from New York sources, determined in accordance with
   27  the applicable rules of section six hundred thirty-one as in the case of
   28  a nonresident individual, shall, [at the prescribed time for making  the
   29  return  required  under  paragraph one of this subsection] within thirty
   30  days after the last day of the taxable year, make a payment of a  filing
   31  fee.  The  amount  of the filing fee shall be the product of (a) [fifty]
   32  one hundred dollars and (b) the number of members  of  such  company  or
   33  number  of  partners  of such partnership, as the case may be, as of the
   34  last day of the taxable year, but in no event shall  such  fee  be  less
   35  than  [three]  five  hundred  [twenty-five]  dollars nor more than [ten]
   36  twenty-five thousand dollars. Where such fee  is  not  timely  paid,  it
   37  shall  be  paid  upon notice and demand and shall be assessed, collected
   38  and paid in the same manner as taxes, and for such purposes  any  refer-
   39  ence in this article to tax imposed by this article shall be deemed also
   40  to refer to the fee prescribed herein.
   41    § 2. This act shall take effect immediately and shall apply to taxable
   42  years beginning on or after January 1, 2003.
 
   43                                   PART E
 
   44    Section  1.  Section  556  of  the real property tax law is amended by
   45  adding a new subdivision 11 to read as follows:
   46    11. (a) The provisions of this subdivision shall apply only to refunds
   47  of taxes and payments in lieu of taxes paid by a qualified  empire  zone
   48  enterprise  (hereinafter referred to as a "QEZE") which has been allowed
   49  the QEZE credit for real property taxes pursuant to section  fifteen  of
   50  the tax law.
   51    (b)  Pursuant  to  the  provisions of this section, an appropriate tax
   52  levying body shall refund to any QEZE a portion of any tax,  or  of  any
       S. 1410                            29                            A. 2110
 
    1  payment  in  lieu  of taxes, paid by any such QEZE in an amount equal to
    2  the amount specified on the QEZE real property tax refund voucher issued
    3  by the commissioner of taxation and finance, where application for  such
    4  refund  is  made  within one year from the issuance of such voucher. For
    5  purposes of this subdivision, a payment in lieu of taxes shall be deemed
    6  equivalent to a tax, and a claim for a refund of a payment  in  lieu  of
    7  taxes shall be submitted and processed in the same manner as a claim for
    8  a refund of a tax.
    9    (c)  Whenever  a QEZE receives a QEZE real property tax refund voucher
   10  issued by the commissioner of taxation  and  finance,  it  may  file  an
   11  application  in duplicate, accompanied by the original voucher, with the
   12  appropriate county director of real property tax services for  a  refund
   13  of  the amount specified on such voucher, whether such amount relates to
   14  property taxes or a payment in lieu  of  taxes.  Such  application  form
   15  shall be prescribed specifically for purposes of this subdivision by the
   16  state  board,  in  consultation  with  the  commissioner of taxation and
   17  finance, and shall be furnished to each QEZE by such  commissioner  with
   18  each QEZE real property tax refund voucher he or she issues.
   19    (d)  Upon  the  filing of such an application, the county director and
   20  tax levying body shall perform the duties enjoined upon them by subdivi-
   21  sions four and five of this section, respectively, except that  (i)  the
   22  scope of the county director's review shall be limited to whether or not
   23  the taxes or payments in lieu of taxes relating to the parcel or parcels
   24  in  question have in fact been paid, and (ii) the tax levying body shall
   25  be obliged to approve the refund if the county director's finding is  in
   26  the affirmative.
   27    (e)  The  amount  refunded  shall  be  a  charge upon each city, town,
   28  village, and school district to the  extent  of  any  such  city,  town,
   29  village, or school district taxes that were so refunded, and the amounts
   30  so  charged  shall  be  included  in  the next ensuing tax levy by or on
   31  behalf of such city, town, village, or school district,  notwithstanding
   32  any special or local law that might otherwise require the assessing unit
   33  to  bear  the  cost of refunds. Where an amount refunded relates to city
   34  school district taxes on property located within a  city  with  a  popu-
   35  lation  of  less than one hundred twenty-five thousand inhabitants, such
   36  amount shall be charged to such city, which shall in  turn  charge  such
   37  amount  to  such school district. The provisions of this paragraph shall
   38  be equally applicable to a refund involving a payment in lieu of  taxes,
   39  except  that  the  cost of such a refund shall be apportioned among each
   40  county, city, town, village, or school district in the  same  proportion
   41  as the payment in lieu of taxes was apportioned among them.
   42    (f)  The  provisions  of  subdivision  seven  of this section shall be
   43  applicable to the processing of QEZE real property tax refunds  pursuant
   44  to  this  subdivision, except that the county director is authorized and
   45  directed to act on behalf of a village, whether or not the  village  has
   46  enacted a local law as provided in subdivision three of section fourteen
   47  hundred  two  of this chapter. If a village which has not enacted such a
   48  local law is duly charged with a share of  a  refund  pursuant  to  this
   49  subdivision and fails to pay such amount so charged, the county may levy
   50  such  amount  upon  the  taxable  real  property  within  the village in
   51  conjunction with an ensuing county tax levy.
   52    (g) In the event that no appropriation for such a refund  is  included
   53  in  the  annual  budget next adopted after submission of such claim, and
   54  the refund to which the QEZE  was  entitled,  after  timely  application
   55  therefor  has  been  made, remains unpaid, the QEZE may submit a copy of
   56  the QEZE real property tax refund voucher and the refund application  to
       S. 1410                            30                            A. 2110
 
    1  the  tax  collecting officer when paying its next property tax bill. The
    2  tax collecting officer shall accept such submission from the QEZE as the
    3  equivalent of a payment toward the tax bill of cash in the amount of the
    4  refund  stated on such voucher, plus interest computed from the date the
    5  application for the refund was filed by  the  QEZE;  provided  that  the
    6  balance  due  on  the tax bill is paid concurrently in legal tender. The
    7  provisions of this paragraph shall not affect the responsibility of  any
    8  municipal  corporation  to  make another municipal corporation whole for
    9  unpaid taxes.
   10    (h) The provisions of subdivision  eight  of  this  section  shall  be
   11  applicable  to the processing of QEZE real property tax refunds pursuant
   12  to this subdivision.
   13    (i) In a city with a population of five million or more, a claim for a
   14  QEZE real property tax refund shall be submitted to the commissioner  of
   15  finance of such city, who shall process and pay such refund claim in the
   16  same  manner  as a claim for a refund of an overpayment of real property
   17  taxes, notwithstanding any provision of law to the contrary. A claim for
   18  a refund of a payment in lieu of taxes shall be submitted and  processed
   19  in  the  same  manner  as  a claim for a refund of a tax. If a refund to
   20  which a QEZE is entitled remains unpaid, the provisions of paragraph (g)
   21  of this subdivision shall apply. The state board may prescribe  a  sepa-
   22  rate  QEZE real property tax refund application form for use within such
   23  city in consultation with the commissioner of finance of  such  city  as
   24  well as with the state commissioner of taxation and finance.
   25    §  2.  Subdivision  3  of section 559 of the real property tax law, as
   26  added by chapter 177 of the laws of 1974, is amended to read as follows:
   27    3.  This title shall apply to all municipal corporations except a city
   28  with a population of five million or more, subject to the provisions  of
   29  subdivision eleven of section five hundred fifty-six of this title.
   30    §  3.  Subdivisions  (a),  (b),  and (e) of section 15 of the tax law,
   31  subdivision (a) as added by section 2 of part GG of chapter  63  of  the
   32  laws  of  2000,  subdivision  (b) as amended by section 11 of part CC of
   33  chapter 85 of the laws of  2002,  and  subdivision  (e)  as  amended  by
   34  section  12 of part CC of chapter 85 of the laws of 2002, are amended to
   35  read as follows:
   36    (a) Allowance of credit. A taxpayer which is a qualified  empire  zone
   37  enterprise  (QEZE),  or which is a sole proprietor of a QEZE or a member
   38  of a partnership which is a QEZE, and which  is  subject  to  tax  under
   39  article nine-A, twenty-two, thirty-two, or thirty-three of this chapter,
   40  shall  be  allowed a credit against such tax, pursuant to the provisions
   41  referenced in subdivision [(f)] (i) of this section, for  eligible  real
   42  property taxes.
   43    (b)  Amount of credit. (1) The amount of the credit shall be the prod-
   44  uct (or pro rata share of the product, in the case  of  a  member  of  a
   45  partnership)  of  (i)  the  benefit  period  factor, (ii) the employment
   46  increase factor, and (iii) the eligible  real  property  taxes  paid  or
   47  incurred by the QEZE during the taxable year.
   48    (2)  In the case of a QEZE certified pursuant to article eighteen-B of
   49  the general municipal law on or after January first, two thousand  four,
   50  the  amount  of the credit shall be fifty percent of the product (or pro
   51  rata share of the product, in the case of a member of a partnership)  of
   52  (i)  the benefit period factor, (ii) the employment increase factor, and
   53  (iii) the eligible real property taxes paid  or  incurred  by  the  QEZE
   54  during the taxable year.
   55    (3)  However, the amount of the credit may not exceed the credit limi-
   56  tation set forth in subdivision (f) of this section.
       S. 1410                            31                            A. 2110
 
    1    (e) Eligible real property taxes. The  term  "eligible  real  property
    2  taxes"  means  taxes imposed on real property which is owned by the QEZE
    3  and located in an empire zone with respect to which the QEZE  is  certi-
    4  fied  pursuant  to  article  eighteen-B of the general municipal law[,];
    5  provided  that  such  taxes  become a lien on the real property during a
    6  taxable year in which the owner of the real property is  both  certified
    7  pursuant to article eighteen-B of the general municipal law and a quali-
    8  fied  empire zone enterprise. In addition, the term "eligible real prop-
    9  erty taxes" includes payments in lieu of taxes made by the QEZE  to  the
   10  state, a municipal corporation, or a public benefit corporation pursuant
   11  to  a  written  agreement  entered  into between the QEZE and the state,
   12  municipal  corporation,  or  public  benefit  corporation[.   Provided];
   13  provided,  however,  that  a  payment  in lieu of taxes made by the QEZE
   14  pursuant to a written agreement executed or amended on or after  January
   15  first,  two  thousand  one,  shall not constitute eligible real property
   16  taxes [unless such written agreement is approved by both the  department
   17  of  economic  development  and  the  office of real property services as
   18  satisfying generally accepted and recognized norms and standards of real
   19  property tax appraisals] in any taxable year to  the  extent  that  such
   20  payment  exceeds the product of (1) the greater of (i) the cost or other
   21  basis for federal income tax purposes, determined on the later of  Janu-
   22  ary  first, two thousand one or the effective date of the QEZE's certif-
   23  ication pursuant to article eighteen-B of the general municipal law,  of
   24  real  property,  including buildings and structural components of build-
   25  ings, owned by the QEZE and located in  empire  zones  with  respect  to
   26  which  the  QEZE is certified pursuant to such article eighteen-B of the
   27  general municipal law, or (ii) the  cost  or  other  basis  for  federal
   28  income  tax  purposes  of  such real property described in clause (i) of
   29  this sentence on the last day of the taxable year, and (2) the estimated
   30  effective full value tax rate within the county in which  such  property
   31  is  located, as most recently reported to the commissioner by the secre-
   32  tary of the state board of real property services, or his or her  desig-
   33  nee.  Such state board shall annually calculate estimated effective full
   34  value tax rates within each county for this purpose based upon the  most
   35  current  information  available to it in relation to county, city, town,
   36  village, and school district taxes.
   37    § 4. Subdivision (h) of section 15 of the tax law,  as  relettered  by
   38  section  13  of part CC of chapter 85 of the laws of 2002, is relettered
   39  subdivision (i) and a new subdivision (h) is added to read as follows:
   40    (h) Real property tax refund vouchers. For taxable years beginning  on
   41  or  after January first, two thousand four, for all QEZEs subject to the
   42  provisions of paragraph two of subdivision (b) of this  section,  within
   43  sixty  days  of final approval of the amount of credit allowed to a QEZE
   44  pursuant to this section for any taxable year,  the  commissioner  shall
   45  issue  to  such QEZE a real property tax refund voucher in the amount of
   46  the credit allowed. Such QEZE shall use such voucher to obtain a  refund
   47  pursuant  to subdivision eleven of section five hundred fifty-six of the
   48  real property tax law of a portion of real  property  taxes  paid.  Such
   49  voucher  shall be in a form prescribed by the commissioner, in consulta-
   50  tion with the state board of real property services, and  shall  contain
   51  all  information deemed necessary to administer the refund provisions in
   52  such subdivision eleven. The commissioner shall include  an  application
   53  form to be used to apply for a refund pursuant to such subdivision elev-
   54  en with the QEZE real property tax refund voucher. In the event that the
   55  QEZE  is  required  by  subdivision  (g)  of this section to recapture a
   56  portion of credit allowed, the amount set forth on the voucher as credit
       S. 1410                            32                            A. 2110
 
    1  allowed shall be reduced by the amount of credit required  to  be  added
    2  back pursuant to subdivision (g) of this section.
    3    §  5.  This act shall take effect immediately; provided, however, that
    4  sections three and four of this act shall apply to taxable years  begin-
    5  ning  on or after January 1, 2004, except that the amendment to subdivi-
    6  sion (e) of section 15 of the tax law made by section three of this  act
    7  shall apply to taxable years beginning on or after January 1, 2003.
 
    8                                   PART F
 
    9    Section  1.  Paragraph  (a) of subdivision 9 of section 208 of the tax
   10  law is amended by adding a new subparagraph 16 to read as follows:
   11    (16) In the case of a taxpayer subject to the modification provided by
   12  subparagraph sixteen of paragraph (b) of this  subdivision,  the  amount
   13  required  to  be recaptured pursuant to subsection (d) of section 179 of
   14  the internal revenue code with  respect  to  property  upon  which  such
   15  modification was based.
   16    §  2.  Paragraph (b) of subdivision 9 of section 208 of the tax law is
   17  amended by adding a new subparagraph 16 to read as follows:
   18    (16) In the case of a taxpayer which is  not  an  eligible  farmer  as
   19  defined  in  paragraph  (b)  of  subdivision  twenty-two  of section two
   20  hundred ten of this article, the amount of any deduction claimed  pursu-
   21  ant  to section 179 of the internal revenue code with respect to a sport
   22  utility vehicle which is not a passenger automobile as defined in  para-
   23  graph 5 of subsection (d) of section 280F of the internal revenue code.
   24    § 3. Subsection (b) of section 612 of the tax law is amended by adding
   25  a new paragraph 36 to read as follows:
   26    (36)  In  the  case  of  a  taxpayer  who is not an eligible farmer as
   27  defined in subsection (n) of section six hundred six  of  this  article,
   28  the  amount  of  any  deduction  claimed  pursuant to section 179 of the
   29  internal revenue code with respect to a sport utility vehicle  which  is
   30  not  a  passenger automobile as defined in paragraph 5 of subsection (d)
   31  of section 280F of the internal revenue code.
   32    § 4. Subsection (c) of section 612 of the tax law is amended by adding
   33  a new paragraph 37 to read as follows:
   34    (37) In the case of a taxpayer subject to the modification provided by
   35  paragraph thirty-six of subsection  (b)  of  this  section,  the  amount
   36  required  to  be recaptured pursuant to subsection (d) of section 179 of
   37  the internal revenue code with  respect  to  property  upon  which  such
   38  modification was based.
   39    § 5. This act shall take effect immediately and shall apply to taxable
   40  years beginning on and after January 1, 2003.
 
   41                                   PART G
 
   42    Section  1. Subsection (c) of section 658 of the tax law is amended by
   43  adding a new paragraph 4 to read as follows:
   44    (4) Estimated tax of nonresident partners, members  and  shareholders.
   45  (A)  General.  Every entity which is a partnership, subchapter K limited
   46  liability company or an S corporation for which  the  election  provided
   47  for in subsection (a) of section six hundred sixty of this article is in
   48  effect,  which has partners, members or shareholders who are nonresident
   49  individuals, as defined under subsection (b) of section six hundred five
   50  of this article, or C corporations, and which  has  any  income  derived
   51  from  New  York  sources,  determined  in accordance with the applicable
   52  rules of section six hundred thirty-one of this article as in  the  case
       S. 1410                            33                            A. 2110
 
    1  of  a  nonresident individual, shall pay estimated tax on such income on
    2  behalf of such partners, members or shareholders in the  manner  and  at
    3  the  times  prescribed  by subsection (c) of section six hundred eighty-
    4  five  of  this  article. For purposes of this paragraph, the term "esti-
    5  mated tax" shall mean a partner's, member's or  shareholder's  distribu-
    6  tive  share or pro rata share of the entity income derived from New York
    7  sources, multiplied by the highest rate of tax prescribed by section six
    8  hundred one of this article for the taxable year of any partner,  member
    9  or shareholder who is an individual taxpayer, or paragraph (a) of subdi-
   10  vision  one  of  section two hundred ten of this chapter for the taxable
   11  year of any partner, member or shareholder which  is  a  C  corporation,
   12  whether  or not such C corporation is subject to tax under article nine,
   13  nine-A, thirty-two, or thirty-three of this chapter, and reduced by  the
   14  distributive  share  or  pro  rata share of any credits determined under
   15  section  one  hundred  eighty-seven,  one  hundred  eighty-seven-a,  six
   16  hundred  six,  fourteen  hundred  fifty-six or fifteen hundred eleven of
   17  this chapter, whichever is applicable, derived from the entity.
   18    (B) Treatment of payment. Any payment by the entity under  this  para-
   19  graph  with  respect to a partner, member or shareholder who is an indi-
   20  vidual shall be deemed to be a payment of estimated tax by the  partner,
   21  member  or shareholder pursuant to subsection (c) of section six hundred
   22  eighty-five of this article.
   23    (C) Additions to tax. (i) If an entity required by this  paragraph  to
   24  pay estimated tax on behalf of a partner, member or shareholder fails to
   25  do  so,  such  entity shall pay a penalty of fifty dollars for each such
   26  failure for each such partner, member or shareholder, unless it is shown
   27  that such failure is due to reasonable cause  and  not  due  to  willful
   28  neglect.
   29    (ii)  In  the  case of an underpayment of estimated tax by the entity,
   30  there shall be added to the estimated tax required to  be  paid  by  the
   31  entity under this paragraph, an amount determined pursuant to subsection
   32  (c) of section six hundred eighty-five of this article.
   33    (D)  Exceptions.  (i) This paragraph shall not apply with respect to a
   34  partner, member or shareholder for whom estimated  tax  required  to  be
   35  paid  under  subparagraph  (A) of this paragraph for the taxable year of
   36  the partner,  member  or  shareholder  does  not  exceed  three  hundred
   37  dollars.
   38    (ii)  This  paragraph  shall  not  apply  with respect to any partner,
   39  member or shareholder if the entity is authorized by the commissioner to
   40  file a group return and such partner, member or shareholder has  elected
   41  to be included on the group return.
   42    (E) Information statements. Every entity required under this paragraph
   43  to  pay estimated taxes for any of its partners, members or shareholders
   44  shall furnish, within thirty days after such estimated tax is  paid,  to
   45  each such partner, member or shareholder a written statement showing the
   46  estimated  taxes paid by the entity on behalf of such partner, member or
   47  shareholder and any other information the commissioner shall  prescribe,
   48  including  any information necessary to identify each partner, member or
   49  shareholder on whose behalf the entity has paid estimated  taxes.    The
   50  entity  shall provide to the commissioner information necessary to iden-
   51  tify the estimated tax paid by the entity for each  partner,  member  or
   52  shareholder  and  information necessary to identify each partner, member
   53  or shareholder of the partnership, limited liability company or S corpo-
   54  ration, whether or not estimated tax was paid for such  partner,  member
   55  or  shareholder  by  the entity, at such times and in such manner as the
   56  commissioner shall prescribe.
       S. 1410                            34                            A. 2110
 
    1    § 2. Section 197-b of the tax law is amended by adding a new  subdivi-
    2  sion 11 to read as follows:
    3    11.    Any amount paid pursuant to paragraph four of subsection (c) of
    4  section six hundred fifty-eight of this chapter on behalf of a  taxpayer
    5  subject to tax under this article shall be applied against the estimated
    6  tax  of  the  taxpayer  for  the  taxable  year shown on the declaration
    7  required to be filed pursuant to section one hundred  ninety-seven-a  of
    8  this  article,  or  if no declaration is filed pursuant to such section,
    9  any such amount shall be considered a payment  on  account  of  the  tax
   10  shown  on the report required to be filed by the taxpayer for such taxa-
   11  ble year.
   12    § 3. The opening paragraph of subdivision (d) of section 213-b of  the
   13  tax law is designated paragraph 1 and a new paragraph 2 is added to read
   14  as follows:
   15    (2)  Any  amount  paid pursuant to paragraph four of subsection (c) of
   16  section six hundred fifty-eight of this chapter on behalf of a  taxpayer
   17  subject to tax under this article shall be applied against the estimated
   18  tax  of  the  taxpayer  for  the  taxable  year shown on the declaration
   19  required to be filed pursuant to section two hundred thirteen-a of  this
   20  article,  or  if  no  declaration is filed pursuant to such section, any
   21  such amount shall be considered a payment on account of the tax  on  the
   22  return required to be filed by the taxpayer for such taxable year.
   23    §  4.  The  opening paragraph of subsection (d) of section 1461 of the
   24  tax law is designated paragraph 1 and a new paragraph 2 is added to read
   25  as follows:
   26    (2) Any amount paid pursuant to paragraph four of  subsection  (c)  of
   27  section  six hundred fifty-eight of this chapter on behalf of a taxpayer
   28  subject to tax under this article shall be applied against the estimated
   29  tax of the taxpayer for  the  taxable  year  shown  on  the  declaration
   30  required  to be filed pursuant to section fourteen hundred sixty of this
   31  article, or if no declaration is filed pursuant  to  such  section,  any
   32  such amount shall be considered a payment on account of tax shown on the
   33  return required to be filed by the taxpayer for such taxable year.
   34    §  5.  The opening paragraph of subdivision (d) of section 1514 of the
   35  tax law is designated paragraph 1 and a new paragraph 2 is added to read
   36  as follows:
   37    (2) Any amount paid pursuant to paragraph four of  subsection  (c)  of
   38  section  six hundred fifty-eight of this chapter on behalf of a taxpayer
   39  subject to tax under this article shall be applied against the estimated
   40  tax of the taxpayer for  the  taxable  year  shown  on  the  declaration
   41  required  to  be  filed  pursuant to section fifteen hundred thirteen of
   42  this article, or if no declaration is filed pursuant  to  such  section,
   43  any  such  amount  shall  be  considered a payment on account of the tax
   44  shown on the return required to be filed by the taxpayer for such  taxa-
   45  ble year.
   46    §  6. Section 686 of the tax law is amended by adding a new subsection
   47  (i) to read as follows:
   48    (i) Overpayment.--In case of an overpayment of tax required to be paid
   49  by an entity as an estimated tax under paragraph four of subsection  (c)
   50  of  section  six  hundred fifty-eight of this article, a refund shall be
   51  made to such entity only to the extent that such overpayment is  attrib-
   52  utable  to  a  partner, member or shareholder for whom the entity is not
   53  required to pay such estimated tax.
   54    § 7. Any estimated tax payments required to be made by this act  prior
   55  to  September  15,  2003 shall be deemed timely if made by September 15,
   56  2003, and no additions to tax or penalty imposed under subparagraph  (C)
       S. 1410                            35                            A. 2110
 
    1  of  paragraph  four of subsection (c) of section six hundred fifty-eight
    2  of the tax law, as added by section one of this act,  shall  apply  with
    3  respect  to  any  estimated  tax  payments  required to be made prior to
    4  September 15, 2003, provided that the entity required to make such esti-
    5  mated  tax  payments  makes any such estimated tax payments by September
    6  15, 2003.
    7    § 8. This act shall take effect immediately and shall apply to taxable
    8  years ending after December 31, 2002.
 
    9                                   PART H
 
   10    Section 1. Subsections (dd) and (ee) of section 606 of the tax law, as
   11  relettered by section 1 of part DD of chapter 63 of the laws of 2000 are
   12  relettered (yy) and (zz) and a new subsection (dd) is added to  read  as
   13  follows:
   14    (dd)  Historic  homeownership  rehabilitation  credit.  (1) A taxpayer
   15  shall be allowed a credit,  to  be  computed  as  hereinafter  provided,
   16  against  the tax imposed by this article. The amount of the credit shall
   17  be equal to either fifteen or twenty-five percent of the qualified reha-
   18  bilitation expenditures made by the taxpayer with respect to a qualified
   19  historic home and may be allowed in the taxable year in which the  final
   20  certification step of the certified rehabilitation is completed.
   21    (A)  A  credit  in  the amount of fifteen percent shall be allowed for
   22  qualified rehabilitation expenditures if only the exterior work has been
   23  approved by a local landmark commission established pursuant to  section
   24  ninety-six-a  or one hundred nineteen-dd of the general municipal law or
   25  by the office of parks, recreation and historic preservation.
   26    (B) A credit in the amount of twenty-five percent shall be allowed for
   27  qualified rehabilitation expenditures that have  been  approved  by  the
   28  office  of  parks,  recreation  and  historic preservation or by a local
   29  government certified pursuant  to  section  101(c)(1)  of  the  national
   30  historic  preservation  act. Under this subparagraph, approval is neces-
   31  sary for the qualified rehabilitation expenditures related to  both  the
   32  exterior work on the qualified historic home and interior work affecting
   33  primary significant historic spaces of the qualified historic home.
   34    (C)  With  respect  to  any  particular  residence of a taxpayer, that
   35  taxpayer shall be allowed either the credit provided for in subparagraph
   36  (A) or (B) of this paragraph, but not both credits.
   37    (2) (A) With respect to any particular residence of  a  taxpayer,  the
   38  credit  allowed under either subparagraph (A) or (B) of paragraph one of
   39  this subsection shall not exceed fifty thousand dollars. In the case  of
   40  a  husband  and  wife, the amount of the credit shall be divided between
   41  them equally or in such other manner as they  may  both  elect.    If  a
   42  taxpayer  incurs  qualified  rehabilitation  expenditures in relation to
   43  more than one residence in the same year, the  total  amount  of  credit
   44  allowed  under  either  subparagraph (A) or (B) of paragraph one of this
   45  subsection for all such expenditures shall  not  exceed  fifty  thousand
   46  dollars.
   47    (B)  If  the  credit  allowed  under either subparagraph (A) or (B) of
   48  paragraph one of this  subsection  for  any  taxable  year  exceeds  the
   49  taxpayer's  tax for such year and the taxpayer's New York adjusted gross
   50  income for such year does not exceed one hundred thousand  dollars,  the
   51  excess  credit  shall be treated as an overpayment of tax to be credited
   52  or refunded in accordance with the provisions  of  section  six  hundred
   53  eighty-six of this article, provided, however, that no interest shall be
   54  paid  thereon. If the taxpayer's New York adjusted gross income for such
       S. 1410                            36                            A. 2110
 
    1  year exceeds one hundred thousand dollars,  the  excess  credit  may  be
    2  carried over to the following year or years and may be deducted from the
    3  taxpayer's tax for such year or years.
    4    (3)(A)  The  term  "qualified  rehabilitation  expenditure" means, for
    5  purposes of this subsection, any amount properly chargeable to a capital
    6  account:
    7    (i) in connection with the certified  rehabilitation  of  a  qualified
    8  historic home, and
    9    (ii)  for  property  for  which  depreciation would be allowable under
   10  section 168 of the internal revenue code if the qualified historic  home
   11  were used in a trade or business.
   12    (B) Such term shall not include (i) the cost of acquiring any building
   13  or  interest  therein, (ii) any expenditure attributable to the enlarge-
   14  ment of an existing building, or (iii) any  expenditure  made  prior  to
   15  January first, two thousand three.
   16    (C) Such term shall not include any expenditure in connection with the
   17  rehabilitation of a qualified historic home unless at least five percent
   18  of the total expenditures made in the rehabilitation process are alloca-
   19  ble to the rehabilitation of the exterior of such building.
   20    (D)  If  only  a  portion  of a building is used as a residence of the
   21  taxpayer, only qualified rehabilitation expenditures which are  properly
   22  allocable  to such residential portion shall be taken into account under
   23  this subsection.
   24    (4)(A) The term "certified rehabilitation" means, for purposes of this
   25  subsection, any rehabilitation of a certified historic  structure  which
   26  has  been  approved and certified as being consistent with the standards
   27  established by the commissioner of parks, recreation and historic  pres-
   28  ervation  for  rehabilitation  by  the  office  of parks, recreation and
   29  historic preservation, a local government certified pursuant to  section
   30  101(c)(1)  of the national historic preservation act or a local landmark
   31  commission established pursuant to section ninety-six-a or  one  hundred
   32  nineteen-dd of the general municipal law.
   33    (B) A certified rehabilitation shall require:
   34    (i)  an  initial certification that the structure meets the definition
   35  of the term "certified historic structure";
   36    (ii) a second certification,  to  be  issued  prior  to  construction,
   37  certifying  that  the  proposed  rehabilitation  work is consistent with
   38  standards established by  the  commissioner  of  parks,  recreation  and
   39  historic preservation for rehabilitation; and
   40    (iii)  a  final  certification  issued when construction is completed,
   41  certifying that the work was completed as proposed and  that  the  costs
   42  are  consistent  with the work completed. Such final certification shall
   43  be  acceptable  as  proof  that  the  expenditures   related   to   such
   44  construction   qualify  as  qualified  rehabilitation  expenditures  for
   45  purposes of the credit allowed under either subparagraph (A) or  (B)  of
   46  paragraph one of this subsection.
   47    (5)(A)  The term "qualified historic home" means, for purposes of this
   48  subsection, a certified  historic  structure  located  within  New  York
   49  state:
   50    (i) which has been substantially rehabilitated,
   51    (ii)  which,  or  any portion of which, is owned, in whole or part, by
   52  the taxpayer,
   53    (iii) in which the taxpayer resides during the taxable year  in  which
   54  the taxpayer is allowed a credit under this subsection, and
   55    (iv)  which  is  either  in whole or in part a targeted area residence
   56  within the meaning of section 143(j) of the internal  revenue  code,  or
       S. 1410                            37                            A. 2110
 
    1  located  within  a state empire zone designated under article eighteen-B
    2  of the general municipal law.
    3    (B) A building shall be treated as having been "substantially rehabil-
    4  itated" if the qualified rehabilitation expenditures in relation to such
    5  building total five thousand dollars or more.
    6    (6)  The  term  "certified  historic structure" means, for purposes of
    7  this subsection, any building (and its structural components) which;
    8    (i) is listed in the state or national register of historic places, or
    9    (ii) is located in a state or national  registered  historic  district
   10  and is certified as being of historic significance to the district.
   11    (7)  If  the taxpayer holds stock as a tenant-shareholder in a cooper-
   12  ative housing corporation, such taxpayer shall be treated as owning  the
   13  house  or  apartment  which  the  taxpayer is entitled to occupy as such
   14  shareholder.
   15    (8)(A) A percentage of the total expenditures made  in  the  rehabili-
   16  tation of the exterior of a building containing cooperative or condomin-
   17  ium  dwelling  units  shall  be  attributed to each such unit within the
   18  building based on the percentage of space each such unit occupies within
   19  the building.
   20    (B) In the case of a building where less than the entire  building  is
   21  used  as  a  residence  of  the  taxpayer, only the portion of the total
   22  expenditures made in the rehabilitation of the building that is  attrib-
   23  utable  to  the  residence of the taxpayer shall be treated as qualified
   24  rehabilitation expenditures for the purposes of this subsection.
   25    (C) In the case of a building that is owned by and is a  residence  of
   26  two  or  more persons, other than a husband and wife, the portion of the
   27  total expenditures made in the rehabilitation of the  building  that  is
   28  attributable  to each taxpayer shall be equal to the taxpayer's share of
   29  ownership in such building.
   30    (9) In the case of a building other than a building to which paragraph
   31  ten of this subsection applies,  qualified  rehabilitation  expenditures
   32  shall  be treated for purposes of this subsection as made on the date of
   33  the final certification referred to in clause (iii) of subparagraph  (B)
   34  of paragraph four of this subsection.
   35    (10)(A)  In  the  case  of  a  purchased  qualified historic home, the
   36  taxpayer shall be treated as having made, on the date of  purchase,  the
   37  qualified  rehabilitation  expenditures made by the seller of such home.
   38  For purposes of this subsection, expenditures made by the  seller  shall
   39  be deemed qualified rehabilitation expenditures if such expenditures, if
   40  made by the purchaser, would have so qualified.
   41    (B)  The  term "purchased qualified historic home" means any qualified
   42  historic home purchased by the taxpayer if:
   43    (i) the taxpayer is the first purchaser of such home after the date of
   44  the final certification referred to in clause (iii) of subparagraph  (B)
   45  of  paragraph  four  of  this subsection, and the purchase occurs within
   46  five years after such date,
   47    (ii) the taxpayer, during the taxable year in which  the  taxpayer  is
   48  allowed a credit under this subsection, resides in such home,
   49    (iii)  no  credit was allowed to the seller under this subsection with
   50  respect to such rehabilitation, and
   51    (iv) the taxpayer is furnished with such information  as  the  commis-
   52  sioner  determines  is  necessary  to  determine  any  credit under this
   53  subsection.
   54    (11)(A) If, before the end of the two-year period beginning either  on
   55  the  date  of  the  final  certification  referred to in clause (iii) of
   56  subparagraph (B) of paragraph four of this subsection or,  if  paragraph
       S. 1410                            38                            A. 2110
 
    1  ten of this subsection applies, on the date of purchase of such building
    2  by  the  taxpayer,  the taxpayer disposes of such taxpayer's interest in
    3  such building, or such building ceases to be used as a residence of  the
    4  taxpayer,  the  taxpayer's  tax  imposed by this article for the taxable
    5  year in which such disposition or cessation occurs shall be increased by
    6  the recapture portion of the credit allowed under  this  subsection  for
    7  all prior taxable years with respect to such rehabilitation.
    8    (B)  For purposes of subparagraph (A) of this paragraph, the recapture
    9  portion shall be the product of the amount  of  credit  claimed  by  the
   10  taxpayer multiplied by a ratio, the numerator of which is equal to twen-
   11  ty-four less the number of months the building is used as the taxpayer's
   12  residence and the denominator of which is twenty-four.
   13    (12) Nothing contained in this subsection shall be construed to impose
   14  a  duty upon a local landmark commission established pursuant to section
   15  ninety-six-a or one hundred nineteen-dd of the general municipal law  or
   16  a  local  government  certified  pursuant  to  section  101(c)(1) of the
   17  national historic preservation act to undertake any review  or  approval
   18  of an application for the certification of the rehabilitation of histor-
   19  ic  structures  and  of rehabilitation expenditures provided for in this
   20  subsection.
   21    § 2. Section 13.15 of the parks, recreation and historic  preservation
   22  law is amended by adding a new subdivision 6 to read as follows:
   23    6.  The  office  may  establish  a  fee or fees for its processing and
   24  review of applications for the certification of  the  rehabilitation  of
   25  historic  buildings  and the approval of rehabilitation expenditures and
   26  related work pursuant to subsection (dd) of section six hundred  six  of
   27  the  tax  law.  All  revenues  from these fees shall be deposited by the
   28  comptroller in the miscellaneous special revenue fund to be credited  to
   29  the  agency's  patron  services account and shall be used to support the
   30  office's historic preservation  program.  Nothing  in  this  subdivision
   31  shall  be  construed to limit the ability of a local landmark commission
   32  established pursuant to section ninety-six-a or one hundred  nineteen-dd
   33  of the general municipal law or a local government certified pursuant to
   34  section 101(c)(1) of the national historic preservation act to establish
   35  and  charge  fees  for its processing and review of applications for the
   36  certification of  the  rehabilitation  of  historic  buildings  and  the
   37  approval of rehabilitation expenditures.
   38    § 3. This act shall take effect immediately and shall apply to taxable
   39  years beginning on or after January 1, 2004.
 
   40                                   PART I
 
   41    Section  1.  Paragraph  3  of subdivision (a) of section 11 of the tax
   42  law, as amended by section 1 of part FF of chapter 63  of  the  laws  of
   43  2000, is amended to read as follows:
   44    (3) "Certified capital company" - a partnership, corporation, trust or
   45  limited  liability  company,  organized  on  a  for-profit basis that is
   46  located, headquartered and licensed or registered to conduct business in
   47  New York, or any subsidiary of the  New  York  state  urban  development
   48  corporation, that has as its primary business activity the investment of
   49  cash  in qualified businesses and that is certified by the department as
   50  meeting the criteria set forth in subdivision (b) of this section.
   51    § 2. Subparagraph (A) of paragraph 6 of subdivision (a) of section  11
   52  of  the tax law, as amended by section 1 of part FF of chapter 63 of the
   53  laws of 2000, is amended to read as follows:
       S. 1410                            39                            A. 2110
 
    1    (A) It is headquartered in New York state, and its principal  business
    2  operations  are  located in New York state, and the qualified investment
    3  it receives is used solely to support its  business  operations  in  the
    4  state,  except  for advertising, promotions and sales purposes. In cases
    5  where  the qualified investment is made in a start-up company such capi-
    6  tal must be used solely to establish and support its business operations
    7  in  New  York  state,  except  for  advertising,  promotions  and  sales
    8  purposes.    For  purposes of certified capital company program four, at
    9  the time of the first investment in the business, such business  may  be
   10  located  outside  New York state. However, within one year of such first
   11  investment, such business must be headquartered in New York  state,  and
   12  its principal business operations must be located in New York state. The
   13  qualified  investment  such business receives must be used solely to pay
   14  for the costs of such relocation to New York state  or  to  support  its
   15  business operations in New York state, except for advertising, promotion
   16  or sales purposes.
   17    §  3. Subparagraph (C) of paragraph 6 of subdivision (a) of section 11
   18  of the tax law, as amended by section 1 of part FF of chapter 63 of  the
   19  laws of 2000, is amended to read as follows:
   20    (C)  (i)  It is involved in commerce for the purpose of developing and
   21  manufacturing products and systems, including but not  limited  to  high
   22  technology  products  and  systems such as computers, computer software,
   23  medical  equipment,  biotechnology,  telecommunications  equipment   and
   24  products,  processing  or  assembling  all types of products, conducting
   25  research and development on all types of products or providing services,
   26  but excluding real estate, real estate development, insurance and  busi-
   27  nesses  predominantly  engaged  in  professional  services  provided  by
   28  accountants, lawyers or physicians.
   29    (ii) In addition to the requirements set forth in clause (i)  of  this
   30  subparagraph,  with  respect  to certified capital company program four,
   31  the qualified business must be involved in  commerce  by  (I)  having  a
   32  minimum relationship with a research center which has received financial
   33  support  from  the  state  of New York through one of the following: the
   34  centers of excellence program pursuant to section three  of  part  T  of
   35  chapter  eighty-four  of  the  laws  of two thousand two, the Gen*NY*sis
   36  program pursuant to section five of part T of chapter eighty-four of the
   37  laws of two thousand two, the centers for  advanced  technology  program
   38  authorized  by  section  three  thousand one hundred two-B of the public
   39  authorities law, or the capital  facilities  program  established  under
   40  section  two  hundred  nine-P of the executive law, or (II) conducting a
   41  high technology or biotechnology project authorized  by  the  Rebuilding
   42  the  Empire  State Through Opportunities in Regional Economies (RESTORE)
   43  New York program pursuant to paragraph d of section six  of  part  T  of
   44  chapter  eighty-four  of  the  laws  of  two thousand two. The insurance
   45  department, in consultation with the New York  state  urban  development
   46  corporation and the office of science, technology and academic research,
   47  shall  promulgate  rules and regulations that establish the requirements
   48  for determining whether a business has a  minimum  relationship  with  a
   49  research center described in item (I) of this clause.
   50    §  4.  Paragraph 2 of subdivision (b) of section 11 of the tax law, as
   51  amended by section 1 of part FF of chapter 63 of the laws  of  2000,  is
   52  amended to read as follows:
   53    (2)  The superintendent may certify partnerships, corporations, trusts
   54  or limited liability companies, organized on a for profit basis, or  any
   55  subsidiary  of  the  New York state urban development corporation, which
   56  submit an application to be designated as a certified capital company if
       S. 1410                            40                            A. 2110
 
    1  such applicant is located, headquartered and licensed or  registered  to
    2  conduct  business  in New York, has as its primary business activity the
    3  investment of cash in qualified businesses and meets the other  criteria
    4  set forth in this subdivision.
    5    §  5.  Paragraph 9 of subdivision (b) of section 11 of the tax law, as
    6  amended by section 1 of part FF of chapter 63 of the laws  of  2000,  is
    7  amended to read as follows:
    8    (9)  The superintendent shall start accepting applications to become a
    9  certified capital company in certified capital company  program  two  by
   10  November  first, nineteen hundred ninety-nine, and shall start accepting
   11  applications to become a certified capital company in certified  capital
   12  company program three by August first, two thousand.  The superintendent
   13  shall start accepting applications to become a certified capital company
   14  in  certified capital company program four by August first, two thousand
   15  three.
   16    § 6. Subparagraph (A) of paragraph 6 of subdivision (c) of section  11
   17  of  the tax law, as amended by section 1 of part FF of chapter 63 of the
   18  laws of 2000, is amended to read as follows:
   19    (A) As soon as practicable after the receipt of certified  capital  or
   20  an  irrevocable  funding  commitment  subject  only to the receipt of an
   21  allocation pursuant to subdivision (h) of this section, (i) the name  of
   22  each  certified  investor from which the certified capital was received,
   23  including such certified investor's insurance tax identification number;
   24  (ii) the amount of each certified  investor's  investment  of  certified
   25  capital; and (iii) the date on which the certified capital was received.
   26  Provided,  however,  that  requests  for  allocation of tax credits with
   27  respect to certified capital company program two  by  certified  capital
   28  companies  on  behalf of their certified investors which are received by
   29  the superintendent on or before  March  first,  two  thousand  shall  be
   30  treated  as  having  been  received on March first, two thousand for tax
   31  credits to be utilized in two thousand one, and if  satisfactory,  shall
   32  be  given  equal  priority  for  allocation, and provided, however, that
   33  requests for allocation of tax credits with respect to certified capital
   34  company program three by certified capital companies on behalf of  their
   35  certified  investors  which  are  received  by  the superintendent on or
   36  before December first, two thousand shall  be  treated  as  having  been
   37  received  on December first, two thousand for tax credits to be utilized
   38  in two thousand two, and if satisfactory, shall be given equal  priority
   39  for  allocation.  Provided, however, that requests for allocation of tax
   40  credits with respect to certified capital company program four by certi-
   41  fied capital companies on behalf of their certified investors which  are
   42  received by the superintendent on or before December first, two thousand
   43  three  shall  be  treated as having been received on December first, two
   44  thousand three for tax credits to be utilized in two thousand five,  and
   45  if satisfactory, shall be given equal priority for allocation.
   46    § 7. Subdivision (h) of section 11 of the tax law is amended by adding
   47  a new paragraph 4 to read as follows:
   48    (4)  Certified  capital  company program four. The aggregate amount of
   49  certified capital for which taxpayers may be allocated and  allowed  tax
   50  credits  pursuant  to  this  paragraph  and  subdivision  (k) of section
   51  fifteen hundred eleven of this chapter may not exceed two hundred  fifty
   52  million  dollars  for  calendar  year two thousand five, which certified
   53  capital may be invested in  certified  capital  companies  beginning  in
   54  calendar year two thousand three.
   55    During  any  calendar  year  in which the limitation described in this
   56  paragraph will limit the amount of certified capital, certified  capital
       S. 1410                            41                            A. 2110
 
    1  will  be allocated in order of priority based upon the date of filing of
    2  information described in subparagraph (A) of paragraph six  of  subdivi-
    3  sion  (c) of this section. The superintendent shall advise any certified
    4  capital  company  in  writing,  within fifteen days after receiving such
    5  filing, whether the limitations of this paragraph then in effect will be
    6  applicable with respect to the investments and credits described in such
    7  filing with the superintendent.
    8    Certified capital may be raised by each certified capital company with
    9  respect to certified capital program four at any time subsequent to  its
   10  certification  date,  and  credits  shall  be allocated to and vested in
   11  certified investors at the time of each such investment as  provided  in
   12  this  paragraph,  although  such  credits  shall not be first allowed or
   13  incurred for state tax purposes,  until,  at  the  earliest,  tax  years
   14  beginning in two thousand five.
   15    §  8.  Subdivision  (i)  of  section  11 of the tax law, as amended by
   16  section 1 of part FF of chapter 63 of the laws of 2000,  is  amended  to
   17  read as follows:
   18    (i) Maximum certified capital. The maximum amount of certified capital
   19  per  certified capital company program invested in one or more certified
   20  capital companies allowed in any one year to any one certified  investor
   21  shall  not  exceed  ten  million  dollars  for certified capital company
   22  programs one [and], three and four, and eight million dollars for certi-
   23  fied capital company program two for such year, provided, however,  that
   24  if the aggregate amount of certified capital for such year, as set forth
   25  in  subdivision  (h)  of  this  section, has not been reached sixty days
   26  prior to the end of the year to which such aggregate amount applies, the
   27  provisions of this subdivision shall cease to apply for the remainder of
   28  such year. In addition, the aggregate amount of tax credits  allowed  in
   29  any  taxable  year  to  any affiliated group of taxpayers in relation to
   30  certified capital may not exceed such maximum  amount,  whether  or  not
   31  such  taxpayers  file  a  combined return pursuant to subdivision (f) of
   32  section fifteen hundred fifteen of this chapter.  For  purposes  of  the
   33  preceding  sentence,  the  term  "affiliated  group" shall have the same
   34  meaning as described in section  1504  of  the  internal  revenue  code,
   35  except  that the references to "at least eighty percent" in such section
   36  1504 shall be read as "more than fifty percent".
   37    § 9. Paragraph 1 of subdivision (k) of section 1511 of the tax law, as
   38  amended by section 2 of part S of chapter 407 of the laws  of  1999,  is
   39  amended to read as follows:
   40    (1) A taxpayer shall be allowed a credit, to be computed as hereinaft-
   41  er  provided, against the tax imposed by this article. The amount of the
   42  credit shall be equal to one hundred percent of an investment of  certi-
   43  fied capital in [a] certified capital company program one, two, or three
   44  and  fifty  percent  of  an investment of certified capital in certified
   45  capital company program four, made by the taxpayer pursuant  to  section
   46  eleven of this chapter.
   47    § 10. This act shall take effect immediately.
 
   48                                   PART J
 
   49    Section 1. Subparagraph (B) of paragraph 5 of subdivision a of section
   50  1612 of the tax law, as amended by section 6 of part EE of chapter 85 of
   51  the laws of 2002, is amended to read as follows:
   52    (B) In consideration for its licensure and participation in this pilot
   53  program,  each  track shall reinvest in the racing industry a percentage
   54  of the vendor fee received pursuant to subparagraph (A)  of  this  para-
       S. 1410                            42                            A. 2110
 
    1  graph  in  the  manner  set  forth in this subparagraph. Each such track
    2  shall dedicate the following percentages of its vendor  fee  solely  for
    3  the  purpose  of  enhancing  purses at said track: [in the first year of
    4  video  lottery  gaming  at  such  track, thirty-five percent; and in the
    5  second and any subsequent year, forty-five percent]  in  the  first  and
    6  second years of video lottery gaming at such track, zero percent; in the
    7  third,  fourth  and  fifth  years,  ten  percent; in the sixth, seventh,
    8  eighth and ninth years, fifteen percent; and in the tenth and subsequent
    9  years, twenty percent.  In addition, no less than [five]  two  and  one-
   10  half percent of its vendor fee in the third through ninth years and five
   11  percent  in  the tenth and subsequent years, shall be distributed to the
   12  appropriate breeding fund for the manner of  racing  conducted  by  said
   13  track.
   14    Provided  further, however, nothing in this [subparagrah] subparagraph
   15  shall prevent each track from entering into an agreement with the organ-
   16  ization authorized to represent its horsemen to reduce the percentage of
   17  its vendor fee dedicated to enhancing purses at such  track  during  the
   18  initial  three  years  of  participation by such track, to an amount not
   19  less than twenty-five percent. After  any  initial  mutually  agreed  to
   20  reduction  under this subparagraph, the amount of the vendor fee payable
   21  to purses shall revert to the preceding subparagraph.
   22    § 2. Subdivision b of section 1617-a of  the  tax  law,  as  added  by
   23  section  1  of  part C of chapter 383 of the laws of 2001, is amended to
   24  read as follows:
   25    b. Video lottery gaming shall [only] be permitted [during the hours of
   26  ten a.m. through ten  p.m.  Sunday  through  Thursday  and  twelve  p.m.
   27  through  twelve  a.m.  Friday  and Saturday, provided, however, that the
   28  lottery may authorize such video lottery gaming on public  holidays  and
   29  the day preceding such holidays from twelve p.m. through twelve a.m] for
   30  a maximum of one hundred twenty-six hours per week with the actual daily
   31  hours  of  operation  set  by  each track and subject to approval by the
   32  director, provided  however,  that  video  lottery  gaming  may  not  be
   33  conducted between the hours of two a.m. through twelve p.m.  Sunday.
   34    §  3.  Section 4 of part C of chapter 383 of the laws of 2001 amending
   35  the tax law relating to authorizing  the  division  of  the  lottery  to
   36  conduct  a pilot program involving the operation of video lottery termi-
   37  nals at certain racetracks, as amended by section 4 of part EE of  chap-
   38  ter 85 of the laws of 2002, is amended to read as follows:
   39    §  4. This act shall take effect immediately[; provided, however, that
   40  the provisions of this act shall expire and be deemed repealed  December
   41  31, 2007].
   42    § 4. This act shall take effect immediately.
   43    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   44  sion,  section  or  part  of  this act shall be adjudged by any court of
   45  competent jurisdiction to be invalid, such judgment  shall  not  affect,
   46  impair,  or  invalidate  the remainder thereof, but shall be confined in
   47  its operation to the clause, sentence, paragraph,  subdivision,  section
   48  or part thereof directly involved in the controversy in which such judg-
   49  ment shall have been rendered. It is hereby declared to be the intent of
   50  the  legislature  that  this  act  would  have been enacted even if such
   51  invalid provisions had not been included herein.
   52    § 3. This act shall take effect immediately  provided,  however,  that
   53  the  applicable effective date of Parts A through J of this act shall be
   54  as specifically set forth in the last section of such Parts.