S. 6060 / A. 9560


                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6060                                                  A. 9560

                SENATE - ASSEMBLY

                                    January 21, 2004
                                       ___________
 
        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 the tax law, in relation to exemptions from sales and
          compensating use taxes for certain clothing and footwear (Part A);  to
          amend  the  public  housing  law,  in  relation  to providing a credit
          against income tax for persons or  entities  investing  in  low-income
          housing  (Part  B);  to amend chapter 405 of the laws of 1999 amending
          the real property tax law relating to improving the administration  of
          the  school  tax  relief (STAR) program and other laws, in relation to
          the lottery game of Quick Draw (Part C); to  amend  the  tax  law,  in
          relation  to the lottery game of Quick Draw (Part D); to amend the tax
          law, in relation to certain tax surcharges (Part E); to amend the  tax
          law  and  chapter  389  of  the laws of 1997 amending the tax law, the
          banking law, and other laws relating to the 1997-1998 fiscal plan,  in
          relation  to extending certain tax credits and exemptions for alterna-
          tive fuel vehicles (Part F); to amend the  tax  law,  in  relation  to
          changing  the  fixed  dollar  minimum  tax for a taxpayer based on the
          taxpayer's gross payroll (Part G); to amend the tax law,  in  relation
          to  making  conforming amendments necessitated by the enactment of the
          federal military family tax relief act of 2003 and to exempt from  tax
          certain  compensation received by members of the New York state organ-
          ized militia (Part H); to amend the tax law, in relation to the calcu-
          lation of the business allocation percentage under article 9-A of such
          law for manufacturers (Part I);  to  amend  the  tax  law,  the  state
          finance  law and the county law, in relation to providing revenues for
          state homeland security activities and designation of the public safe-
          ty and security account (Part J);  to  amend  the  alcoholic  beverage
          control  law,  in  relation  to  providing  for certain limited direct
          interstate shipments of wine (Part  K);  to  amend  the  tax  law,  in
          relation  to  modifying hearing rights upon certain notice and demands
          for taxes due and owing and providing for notice and demand procedures
          for the sales, compensating use and miscellaneous taxes (Part  L);  to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12134-01-4
        S. 6060                             2                            A. 9560
 
          amend the tax law, in relation to authorizing the transfer by biotech-
          nology  companies  of  certain tax benefits (Part M); to amend the tax
          law, in  relation  to  eliminating  the  personal  income  tax  filing
          requirement  for residents having no tax liability because income does
          not exceed the New York standard deduction  (Part  N);  to  amend  the
          executive  law,  the  tax law and part T3 of chapter 62 of the laws of
          2003 relating to sales on native American nation or tribal  lands,  in
          relation to authorizing parity agreements between the state and native
          American  nations or tribes (Part O); 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  business 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 impo-
          sition of taxes in the city of New York, in relation to the effective-
          ness 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 article 9-A of such law; and to amend  the  administra-
          tive  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  P);  to  amend
          the tax law, in relation to providing a refundable personal income tax
          credit  related  to  the STAR real property tax exemption (Part Q); to
          amend the tax law, in relation to video lottery gaming  (Part  R);  to
          amend  the  tax  law  and  the uniform commercial code, in relation to
          authorizing any city in this state having a population of one  million
          or  more  and any county in this state to impose a tax upon the filing
          of a UCC financing statement for a cooperative interest and the  taxa-
          tion  of gains from the sale of shares in a cooperative housing corpo-
          ration by a nonresident of the state (Part S); and to amend the gener-
          al municipal law  and  the  tax  law,  in  relation  to  the  purpose,
          administration and benefits of the empire zones program; and to repeal
          certain provisions of the general municipal law relating thereto (Part
          T)
 
          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 2004-2005
     3  state  fiscal  year.    Each component is wholly contained within a Part
     4  identified as Parts A through T. 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
        S. 6060                             3                            A. 9560
 
     1  Part in which it is found. Section three of  this  act  sets  forth  the
     2  general effective date of this act.
 
     3                                   PART A
 
     4    Section  1. Paragraph 30 of subdivision (a) of section 1115 of the tax
     5  law, as amended by section 84 of part A of chapter 56  of  the  laws  of
     6  1998, is amended to read as follows:
     7    (30)  [Clothing]  During the seven-day periods each year commencing on
     8  the last Monday of January and  ending  on  the  immediately  succeeding
     9  Sunday,  commencing  on  the  first  Saturday in April and ending on the
    10  immediately succeeding Friday, commencing on the second Saturday in July
    11  and ending on the immediately succeeding Friday and  commencing  on  the
    12  Tuesday  immediately  preceding  the first Monday in September, known as
    13  Labor day, and ending on Labor day, clothing  and footwear for which the
    14  receipt or consideration given or contracted to be given  is  less  than
    15  [one]  five  hundred  [ten] dollars per article of clothing, per pair of
    16  shoes or other articles of footwear or per item used or consumed to make
    17  or repair such clothing and which becomes a physical component  part  of
    18  such clothing.
    19    §  2.  Subdivision  (k)  of section 1210 of the tax law, as amended by
    20  section 86 of part A of chapter 56 of the laws of 1998, paragraph  2  as
    21  amended  by  section 7 of part KK of chapter 407 of the laws of 1999, is
    22  amended to read as follows:
    23    (k) Notwithstanding any other provision of state or local  law,  ordi-
    24  nance or resolution to the contrary:
    25    (1)  Any  city having a population of one million or more in which the
    26  taxes imposed by section eleven hundred seven of  this  chapter  are  in
    27  effect,  acting through its local legislative body, is hereby authorized
    28  and empowered to elect to provide the exemption from such taxes for  the
    29  same  clothing and footwear exempt from state sales and compensating use
    30  taxes, during the same periods each year, described in paragraph  thirty
    31  of  subdivision (a) of section eleven hundred fifteen of this chapter by
    32  enacting a resolution in the form set forth in  paragraph  two  of  this
    33  subdivision;  whereupon, upon compliance with the provisions of subdivi-
    34  sions (d) and (e) of this section, such  enactment  of  such  resolution
    35  shall  be deemed to be an amendment to such section eleven hundred seven
    36  and such section eleven hundred seven shall  be  deemed  to  incorporate
    37  such  exemption  as if it had been duly enacted by the state legislature
    38  and approved by the governor.
    39    (2) Form of Resolution: Be it enacted by the (insert proper  title  of
    40  local legislative body) as follows:
    41    Section  one.  Receipts  from  sales  of  and  consideration  given or
    42  contracted to be given for purchases of  clothing  and  footwear  exempt
    43  from  state sales and compensating use taxes pursuant to paragraph 30 of
    44  subdivision (a) of section 1115 of the tax law shall also be exempt from
    45  sales and compensating use taxes imposed in  this  jurisdiction,  during
    46  the same periods set forth in such paragraph 30.
    47    Section  two.  This  resolution shall take effect March 1, (insert the
    48  year, but not earlier than the year [2000] 2005) and shall apply to sale
    49  made and uses occurring [on and after that date although made or  occur-
    50  ring  under  a  prior  contract] during the applicable exemption periods
    51  each year, in accordance with the applicable transitional provisions  of
    52  sections 1106 and 1217 of the New York tax law.
    53    § 3. Notwithstanding any provision of state or local law, ordinance or
    54  resolution to the contrary:
        S. 6060                             4                            A. 9560
 
     1    (a)  If,  prior  to the date this act shall have become a law, a city,
     2  county or school district imposing  sales  and  compensating  use  taxes
     3  pursuant  to  the authority of paragraph 1 of subdivision (a) of section
     4  1210 or section 1211 of the tax law or a city having a population of one
     5  million  or  more  in which the taxes imposed by section 1107 of the tax
     6  law are in effect has elected the two one-week temporary exemption peri-
     7  ods for clothing and footwear described in paragraph 30  of  subdivision
     8  (a)  of  section 1115 of the tax law, as such paragraph 30 existed prior
     9  to the effective date of this act, regardless of  whether  such  county,
    10  city,  or  school  district  had also elected the permanent exemption to
    11  take effect on June 1, 2004, or later, and
    12    (1) such municipality wishes for the clothing and  footwear  exemption
    13  to  continue  to  apply  in the amended form set forth in section one of
    14  this act, then such municipality need not take any action, whereupon, on
    15  the effective date of section one of this act, the local law,  ordinance
    16  or  resolution  of  such  municipality imposing such sales and use taxes
    17  shall be deemed  to  incorporate  such  amended  exemption  pursuant  to
    18  sections  1210  and 1218 of the tax law, and section 1107 of the tax law
    19  shall be deemed to incorporate such amended exemption as if an amendment
    20  to such section 1107 had been duly enacted by the state legislature  and
    21  approved by the governor; or
    22    (2)  such  municipality  does  not  wish for the clothing and footwear
    23  exemption to continue to apply in the amended form set forth in  section
    24  one of this act, then such municipality, acting through its local legis-
    25  lative  body, shall adopt a model enactment prepared by the commissioner
    26  of taxation and finance pursuant to article 29 of the tax  law,  in  the
    27  exact  form  prepared  by such commissioner, (i) to amend its local law,
    28  ordinance  or  resolution  imposing  such  taxes  to  provide  that  the
    29  exemption will not apply as of the effective date of section one of this
    30  act,  or  (ii)  in  the  case of such city of one million or more, which
    31  shall be deemed to amend section 1107 of the tax law to provide that the
    32  exemption will not apply as of the effective date of section one of this
    33  act as if an amendment to such section 1107 had been duly enacted by the
    34  state legislature and approved by the governor; provided that  any  such
    35  enactment  shall  be  effective  and  such  section 1107 shall be deemed
    36  amended only if such municipality gives notice to  the  commissioner  of
    37  taxation  and  finance  in accordance with the provisions of subdivision
    38  (d) of section 1210 or 1211 of the tax law, provided  that  the  90  day
    39  minimum notice requirement to such commissioner shall be deemed complied
    40  with  if  such  municipality  mails a certified copy of its enactment to
    41  such commissioner by certified or registered mail at least 40 days prior
    42  to the effective date of section one of this act, and such  municipality
    43  also  complies  with  the  provisions of subdivision (e) of such section
    44  1210 or 1211, as the case may be.
    45    (b) If a city, county or school district imposing sales and compensat-
    46  ing use taxes pursuant to the authority of paragraph  1  of  subdivision
    47  (a)  of  section  1210 or section 1211 of the tax law or a city having a
    48  population of one million or more in which the taxes imposed by  section
    49  1107  of  the  tax  law  are  in  effect  did not elect the two one-week
    50  exemption periods for clothing and footwear described in paragraph 30 of
    51  subdivision (a) of section 1115 of the tax  law  as  such  paragraph  30
    52  existed  prior  to  the  effective  date  of this act, and regardless of
    53  whether such county, city or school district had elected  the  permanent
    54  exemption  to  take  effect  on June 1, 2004, or later, but such munici-
    55  pality wishes to elect such exemption in the amended form set  forth  in
    56  section  one  of  this act to be effective on the same date such section
        S. 6060                             5                            A. 9560
 
     1  one takes effect, such municipality, acting through its  local  legisla-
     2  tive body, shall adopt a model enactment prepared by the commissioner of
     3  taxation and finance pursuant to article 29 of the tax law, in the exact
     4  form  prepared  by  such commissioner, (i) to amend its local law, ordi-
     5  nance or resolution imposing such taxes  to  provide  for  such  amended
     6  exemption  effective  on  such  date,  or  (ii) in the case of such city
     7  having a population of one million or more, which  shall  be  deemed  to
     8  amend  such  section  1107  of  the  tax law to provide for such amended
     9  exemption effective on such date as if an amendment to such section 1107
    10  had been duly enacted by the  state  legislature  and  approved  by  the
    11  governor;  provided  that any such enactment shall be effective and such
    12  section 1107 shall be deemed amended only  if  such  municipality  gives
    13  notice  to  the  commissioner of taxation and finance in accordance with
    14  the provisions of subdivision (d) of section 1210 or  1211  of  the  tax
    15  law, provided that the 90 day minimum notice requirement to such commis-
    16  sioner shall be deemed complied with if such municipality mails a certi-
    17  fied  copy  of its enactment to such commissioner by certified or regis-
    18  tered mail at least 40 days prior to the effective date of  section  one
    19  of  this act, and such municipality also complies with the provisions of
    20  subdivision (e) of such section 1210 or 1211, as the case may be.
    21    § 4. The provisions of sections one through three of this act, section
    22  1107 of the tax law and paragraph 1 of subdivision (a) of  section  1210
    23  of  the  tax  law, and of any resolution enacted pursuant thereto, taken
    24  separately or together, shall not be construed  by  any  person  or  any
    25  court  or other entity as either (i) a failure or refusal to continue to
    26  impose the taxes imposed by section 1107 of the tax law, as  such  taxes
    27  may  from time to time be amended, or (ii) as a reduction in the rate at
    28  which such taxes are imposed. After sections one through three  of  this
    29  act  shall  have become a law, the taxes imposed by such section 1107 of
    30  the tax law on receipts from retail sales of and consideration given  or
    31  contracted  to  be  given  for  purchases of clothing and footwear shall
    32  (except as provided in section two of this act for the periods set forth
    33  in such section two if a city of one million or more adopts a resolution
    34  pursuant to the authority of subdivision (k) of section 1210 of the  tax
    35  law,  as  amended  by  section  two  of this act, or allows a resolution
    36  adopted pursuant to the authority of such  subdivision  (k)  of  section
    37  1210  to  continue  in  effect as provided in section three of this act)
    38  continue to apply, persons liable for such taxes on  purchases  of  such
    39  clothing  and  footwear  shall  continue  to  be  liable for such taxes,
    40  persons required to collect such taxes on  such  clothing  and  footwear
    41  shall  continue to be required to collect and pay over such taxes to the
    42  commissioner of taxation and finance, such commissioner  shall  continue
    43  to  be  required  to certify such taxes on such clothing and footwear as
    44  provided by article 28 of the tax law and  section  92-d  of  the  state
    45  finance  law  and the state comptroller shall continue to be required to
    46  deposit, appropriate and pay over such taxes as required by such section
    47  92-d of the state finance law, in the manner and to  the  extent  as  if
    48  sections one through three of this act had not become a law.
    49    §  5.  This act shall take effect immediately; provided, however, that
    50  sections one and two of this act shall take effect on the same  date  as
    51  the  reversions  of  paragraph 30 of subdivision (a) of section 1115 and
    52  subdivision (k) of section 1210 of the tax law as provided in section  5
    53  of  part  I3  of  chapter  62 of the laws of 2003, as amended, and shall
    54  apply in accordance  with  the  applicable  transitional  provisions  of
    55  sections 1106 and 1217 of the tax law.
        S. 6060                             6                            A. 9560
 
     1                                   PART B
 
     2    Section  1.  Subdivision 4 of section 22 of the public housing law, as
     3  amended by section 1 of part M of chapter 85 of the  laws  of  2002,  is
     4  amended to read as follows:
     5    4.  Statewide  limitation. The aggregate dollar amount of credit which
     6  the commissioner may allocate to  eligible  low-income  buildings  under
     7  this  article  shall  be  [four]  six  million  dollars.  The limitation
     8  provided by this subdivision applies only to allocation of the aggregate
     9  dollar amount of credit by the  commissioner,  and  does  not  apply  to
    10  allowance  to  a taxpayer of the credit with respect to an eligible low-
    11  income building for each year of the credit period.
    12    § 2. This act shall take effect immediately.
 
    13                                   PART C
 
    14    Section 1. Section 1 of part J of chapter 405 of  the  laws  of  1999,
    15  amending  the  real  property tax law relating to improving the adminis-
    16  tration of the school tax relief  (STAR)  program  and  other  laws,  as
    17  amended  by  section  1 of part AA of chapter 85 of the laws of 2002, is
    18  amended to read as follows:
    19    Section 1. Notwithstanding the provisions of article 5 of the  general
    20  construction  law,  the  provisions  of  the tax law amended by sections
    21  94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby  revived
    22  and shall continue in full force and effect as they existed on March 31,
    23  1999 [through May 31, 2004, when upon such date they shall expire and be
    24  repealed].  Sections  1,  2, 3, 4, and 5, and such part of section 10 of
    25  chapter 336 of the laws of 1999 as relates to providing for  the  effec-
    26  tiveness  of such sections 1, 2, 3, 4 and 5 shall be nullified in effect
    27  on the effective date of this section, except that the  amendments  made
    28  to:  paragraph  (2)  of  subdivision a of section 1612 of the tax law by
    29  such section 1; and subdivision b of section 1612 of the tax law by such
    30  section 2; and the repeal of section 152 of chapter 166 of the  laws  of
    31  1991 made by such section 5 shall continue to remain in effect.
    32    § 2. This act shall take effect immediately.
 
    33                                   PART D
 
    34    Section  1.  Paragraph  1  of subdivision a of section 1612 of the tax
    35  law, as amended by chapter 336 of the laws of 1999, is amended  to  read
    36  as follows:
    37    (1) sixty percent of the total amount for which tickets have been sold
    38  for  a  lawful lottery game introduced on or after the effective date of
    39  this paragraph[, subject to the following provisions:
    40    (A) drawings in such game shall be held during no more  than  thirteen
    41  hours each day, no more than eight hours of which shall be consecutive;
    42    (B) such game shall be available only on premises occupied by licensed
    43  lottery sales agents, subject to the following provisions:
    44    (i)  if  the licensee holds a license issued pursuant to the alcoholic
    45  beverage control law to sell alcoholic beverages for consumption on  the
    46  premises, then not less than twenty-five percent of the gross sales must
    47  result from sales of food;
    48    (ii)  if  the  licensee does not hold a license issued pursuant to the
    49  alcoholic beverage control law to sell alcoholic beverages for  consump-
    50  tion  on  the  premises,  then  the  premises must have a minimum square
    51  footage greater than two thousand five hundred square feet;
        S. 6060                             7                            A. 9560

     1    (iii) notwithstanding the foregoing provisions,  television  equipment
     2  that  automatically  displays  the  results  of  such  drawings  may  be
     3  installed and used without regard to the percentage of food sales or the
     4  square footage if such premises are used as:
     5    (I) a commercial bowling establishment, or
     6    (II)  a facility authorized under the racing, pari-mutuel wagering and
     7  breeding law to accept pari-mutuel wagers;
     8    (C) the]. The rules for  the  operation  of  such  game  shall  be  as
     9  prescribed  by  regulations  promulgated  and  adopted  by the division,
    10  provided however, that such rules shall provide that no person under the
    11  age of twenty-one may participate in such games on  the  premises  of  a
    12  licensee  who  holds a license issued pursuant to the alcoholic beverage
    13  control law to sell alcoholic beverages for  consumption  on  the  prem-
    14  ises[;  and,  provided, further, that such regulations may be revised on
    15  an emergency basis not later than ninety days  after  the  enactment  of
    16  this  paragraph in order to conform such regulations to the requirements
    17  of this paragraph]; or
    18    § 2. This act shall take effect immediately; provided,  however,  that
    19  the amendment of paragraph 1 of subdivision a of section 1612 of the tax
    20  law  made by section one of this act shall not affect the repeal of such
    21  section as provided in section 1 of part J of chapter 405 of the laws of
    22  1999, as amended.
 
    23                                   PART E
 
    24    Section 1. Subdivision 1 of section 183-a of the tax law,  as  amended
    25  by  section 1 of part D of chapter 20 of the laws of 2001, is amended to
    26  read as follows:
    27    1. The term "corporation" as used in this  section  shall  include  an
    28  association,  within the meaning of paragraph three of subsection (a) of
    29  section seventy-seven hundred one of the internal revenue code  (includ-
    30  ing  a limited liability company), a publicly traded partnership treated
    31  as a corporation for purposes of the internal revenue code  pursuant  to
    32  section seventy-seven hundred four thereof and any business conducted by
    33  a  trustee  or  trustees  wherein  interest or ownership is evidenced by
    34  certificates or other written  instruments.  Every  corporation,  joint-
    35  stock  company  or  association formed for or principally engaged in the
    36  conduct of canal, steamboat, ferry (except  a  ferry  company  operating
    37  between any of the boroughs of the city of New York under a lease grant-
    38  ed  by  the  city),  express,  navigation,  pipe line, transfer, baggage
    39  express, omnibus, taxicab, telegraph, or telephone business,  or  formed
    40  for  or  principally  engaged  in  the conduct of two or more such busi-
    41  nesses, and every corporation, joint-stock company or association formed
    42  for or principally engaged in the conduct of  a  railroad,  palace  car,
    43  sleeping  car  or trucking business or formed for or principally engaged
    44  in the conduct of two or more of such businesses and which has  made  an
    45  election pursuant to subdivision ten of section one hundred eighty-three
    46  of  this  article,  and  every other corporation, joint-stock company or
    47  association principally engaged in the conduct of  a  transportation  or
    48  transmission  business,  except  a  corporation,  joint-stock company or
    49  association formed for or principally engaged in the conduct of a  rail-
    50  road,  palace  car,  sleeping  car or trucking business or formed for or
    51  principally engaged in the conduct of two or more of such businesses and
    52  which has not made the election  provided  for  in  subdivision  ten  of
    53  section  one  hundred  eighty-three of this article, and except a corpo-
    54  ration, joint-stock company or association principally  engaged  in  the
        S. 6060                             8                            A. 9560
 
     1  conduct  of aviation (including air freight forwarders acting as princi-
     2  pal and like indirect air carriers) and except a corporation principally
     3  engaged in providing telecommunication  services  between  aircraft  and
     4  dispatcher,  aircraft  and  air  traffic  control  or ground station and
     5  ground station (or any combination of the foregoing),  at  least  ninety
     6  percent  of  the voting stock of which corporation is owned, directly or
     7  indirectly, by air carriers and which corporation's  principal  function
     8  is  to  fulfill  the  requirements  of (i) the federal aviation adminis-
     9  tration (or the successor  thereto)  or  (ii)  the  international  civil
    10  aviation organization (or the successor thereto), relating to the exist-
    11  ence of a communication system between aircraft and dispatcher, aircraft
    12  and  air  traffic  control  or ground station and ground station (or any
    13  combination of the foregoing) for the purposes of air safety and naviga-
    14  tion and except a corporation, joint-stock company or association  which
    15  is  liable  to  taxation  under  [section one hundred eighty-six of this
    16  article or] article thirty-two of this chapter, shall pay for the privi-
    17  lege of exercising its corporate franchise, or of doing business, or  of
    18  employing  capital, or of owning or leasing property in the metropolitan
    19  commuter transportation district in such corporate or organized  capaci-
    20  ty,  or  of  maintaining an office in such district, a tax surcharge for
    21  all or any part of its years commencing on or after January first, nine-
    22  teen hundred eighty-two but ending  before  December  thirty-first,  two
    23  thousand  [five]  nine,  which  tax  surcharge,  in  addition to the tax
    24  imposed by section one hundred eighty-three of this  article,  shall  be
    25  computed  at  the  rate  of eighteen per centum of the tax imposed under
    26  such section one hundred eighty-three for such years or any part of such
    27  years ending before December thirty-first, nineteen hundred eighty-three
    28  after the deduction of any credits otherwise allowable under this  arti-
    29  cle,  and  at  the rate of seventeen per centum of the tax imposed under
    30  such section for such years or any part of such years ending on or after
    31  December thirty-first, nineteen hundred eighty-three after the deduction
    32  of any credits otherwise allowable under this article; provided,  howev-
    33  er,  that  such  rates  of  tax  surcharge shall be applied only to that
    34  portion of the tax imposed under section  one  hundred  eighty-three  of
    35  this  article  after  the  deduction  of any credits otherwise allowable
    36  under this article which is  attributable  to  the  taxpayer's  business
    37  activity  carried  on  within  the  metropolitan commuter transportation
    38  district as so determined in the manner  prescribed  by  the  rules  and
    39  regulations promulgated by the commissioner; and provided, further, that
    40  the  tax surcharge imposed by this section shall not be imposed upon any
    41  taxpayer for more than [two hundred seventy-six] three  hundred  twenty-
    42  four months.
    43    §  2.  Subdivision  1  of  section 184-a of the tax law, as amended by
    44  section 2 of part D of chapter 20 of the laws of  2001,  is  amended  to
    45  read as follows:
    46    1.  The  term  "corporation"  as used in this section shall include an
    47  association, within the meaning of paragraph three of subsection (a)  of
    48  section  seventy-seven hundred one of the internal revenue code (includ-
    49  ing a limited liability company),  and  a  publicly  traded  partnership
    50  treated  as  a  corporation  for  purposes  of the internal revenue code
    51  pursuant to section seventy-seven hundred four thereof.    Every  corpo-
    52  ration,  joint-stock  company  or  association formed for or principally
    53  engaged in the conduct of canal, steamboat, ferry (except a ferry compa-
    54  ny operating between any of the boroughs of the city of New York under a
    55  lease granted by the city), express, navigation,  pipe  line,  transfer,
    56  baggage  express,  omnibus,  taxicab, telegraph or local telephone busi-
        S. 6060                             9                            A. 9560
 
     1  ness, or formed for or principally engaged in the conduct of two or more
     2  such businesses, and every corporation, joint-stock company  or  associ-
     3  ation  formed  for  or  principally  engaged in the conduct of a surface
     4  railroad,  whether  or  not operated by steam, subway railroad, elevated
     5  railroad, palace car, sleeping car or trucking business  or  principally
     6  engaged in the conduct of two or more such businesses and which has made
     7  an  election  pursuant to subdivision ten of section one hundred eighty-
     8  three of this article, and every other corporation, joint-stock  company
     9  or  association  formed  for  or principally engaged in the conduct of a
    10  transportation or transmission business (other than  a  telephone  busi-
    11  ness)  except  a  corporation, joint-stock company or association formed
    12  for or principally engaged in the conduct of a surface railroad, whether
    13  or not operated by steam, subway  railroad,  elevated  railroad,  palace
    14  car,  sleeping  car  or  trucking business or principally engaged in the
    15  conduct of two or more such  businesses  and  which  has  not  made  the
    16  election  provided for in subdivision ten of section one hundred eighty-
    17  three of this article, and except a corporation, joint-stock company  or
    18  association  principally  engaged  in the conduct of aviation (including
    19  air freight forwarders acting as principal and like indirect air  carri-
    20  ers)  and except a corporation principally engaged in providing telecom-
    21  munication services between aircraft and dispatcher,  aircraft  and  air
    22  traffic control or ground station and ground station (or any combination
    23  of  the foregoing), at least ninety percent of the voting stock of which
    24  corporation is owned, directly or indirectly, by air carriers and  which
    25  corporation's  principal  function is to fulfill the requirements of (i)
    26  the federal aviation administration (or the successor thereto)  or  (ii)
    27  the  international  civil aviation organization (or the successor there-
    28  to), relating  to  the  existence  of  a  communication  system  between
    29  aircraft  and  dispatcher,  aircraft  and  air traffic control or ground
    30  station and ground station (or any combination of the foregoing) for the
    31  purposes of air safety and navigation and except a  corporation,  joint-
    32  stock  company or association which is liable to taxation under [section
    33  one hundred eighty-six of this article or] article  thirty-two  of  this
    34  chapter,  shall  pay for the privilege of exercising its corporate fran-
    35  chise, or of doing business, or of employing capital, or  of  owning  or
    36  leasing property in the metropolitan commuter transportation district in
    37  such  corporate  or  organized  capacity, or of maintaining an office in
    38  such district, a tax surcharge for all or any part of its taxable  years
    39  commencing  on  or after January first, nineteen hundred eighty-two, but
    40  ending before December thirty-first, two thousand [five] nine, which tax
    41  surcharge, in addition to the tax imposed by section one hundred  eight-
    42  y-four  of  this  article, shall be computed at the rate of eighteen per
    43  centum of the tax imposed under such section one hundred eighty-four for
    44  such taxable years or any part  of  such  taxable  years  ending  before
    45  December thirty-first, nineteen hundred eighty-three after the deduction
    46  of  any  credits otherwise allowable under this article, and at the rate
    47  of seventeen per centum of the tax imposed under such section  for  such
    48  taxable  years  or  any  part  of  such taxable years ending on or after
    49  December thirty-first, nineteen hundred eighty-three after the deduction
    50  of any credits otherwise allowable under this article; provided,  howev-
    51  er,  that  such  rates  of  tax  surcharge shall be applied only to that
    52  portion of the tax imposed under section one hundred eighty-four of this
    53  article after the deduction of any  credits  otherwise  allowable  under
    54  this  article  which is attributable to the taxpayer's business activity
    55  carried on within the metropolitan commuter transportation district; and
    56  provided, further, that the tax surcharge imposed  by  this  section  on
        S. 6060                            10                            A. 9560
 
     1  corporations, joint-stock companies and associations formed for or prin-
     2  cipally  engaged in the conduct of telephone or telegraph business shall
     3  be computed in accordance with this subdivision  and  paragraph  (c)  of
     4  subdivision  two  of  this  section  as if the three-quarters of one per
     5  centum rate of tax provided  for  in  subdivision  one  of  section  one
     6  hundred  eighty-four  of  this article were applicable to such telephone
     7  and telegraph businesses for taxable years commencing on or after  Janu-
     8  ary first, nineteen hundred eighty-five and ending on or before December
     9  thirty-first,  nineteen hundred eighty-nine; and provided, further, that
    10  the tax surcharge imposed by this section shall not be imposed upon  any
    11  taxpayer  for  more than [two hundred seventy-six] three hundred twenty-
    12  four months.  Provided, however, that for taxable years beginning in two
    13  thousand and thereafter,  for  purposes  of  this  subdivision  the  tax
    14  imposed  under  section one hundred eighty-four of this article shall be
    15  deemed to have been  imposed  at  the  rate  of  three-quarters  of  one
    16  percent,  except  that in the case of a corporation, joint-stock company
    17  or association which has made an election pursuant to subdivision ten of
    18  section one hundred eighty-three of this article, for purposes  of  this
    19  subdivision  the  tax  imposed  under section one hundred eighty-four of
    20  this article shall be deemed to have been imposed at the  rate  of  six-
    21  tenths of one percent.
    22    The  term  "local  telephone  business" shall have the same meaning as
    23  such term is used in section one hundred eighty-four  of  this  article.
    24  The term "telecommunication services" shall have the meaning ascribed to
    25  such term in section one hundred eighty-six-e of this article.
    26    §  3.  Subdivision  1  of  section 186-c of the tax law, as amended by
    27  section 3 of part D of chapter 20 of the laws of 2001, paragraph (b)  as
    28  amended  by  section  1  of part S of chapter 85 of the laws of 2002, is
    29  amended to read as follows:
    30    1. (a) (1) Every utility doing business in the  metropolitan  commuter
    31  transportation  district  shall  pay a tax surcharge, in addition to the
    32  tax imposed by section one hundred eighty-six-a of this article, for all
    33  or any parts of its taxable years commencing on or after January  first,
    34  nineteen hundred eighty-two but ending before December thirty-first, two
    35  thousand  [five] nine, to be computed at the rate of eighteen per centum
    36  of the tax imposed under section one hundred eighty-six-a of this  arti-
    37  cle  for  such  taxable  years  or any part of such taxable years ending
    38  before December thirty-first, nineteen hundred  eighty-three  after  the
    39  deduction  of any credits otherwise allowable under this article, and at
    40  the rate of seventeen per centum of the tax imposed under  such  section
    41  for  such  taxable  years or any part of such taxable years ending on or
    42  after December thirty-first, nineteen  hundred  eighty-three  after  the
    43  deduction  of  credits otherwise allowable under this article except any
    44  utility credit provided for  by  article  thirteen-A  of  this  chapter;
    45  provided,  however,  that  such  rates of tax surcharge shall be applied
    46  only to that portion of the tax imposed under section one hundred eight-
    47  y-six-a of this article after the deduction of credits otherwise  allow-
    48  able under this article, except any utility credit provided for by arti-
    49  cle  thirteen-A of this chapter, which is attributable to the taxpayer's
    50  gross income or gross operating income from business activity carried on
    51  within the metropolitan commuter transportation district; and  provided,
    52  further,  that  the  tax  surcharge imposed by this section shall not be
    53  imposed upon any taxpayer for more than [two hundred seventy-six]  three
    54  hundred twenty-four months.
    55    (2)  Provided however, that commencing January first, two thousand, in
    56  the case of the tax imposed under paragraph (a) of  subdivision  one  of
        S. 6060                            11                            A. 9560
 
     1  section  one hundred eighty-six-a of this article (relating to providers
     2  of telecommunications services) such tax surcharge shall  be  calculated
     3  as  if  the  tax  imposed under section one hundred eighty-six-a of this
     4  article were imposed at a rate of three and one-half percent.
     5    (b)  In  addition  to the surcharge imposed by [subdivision] paragraph
     6  (a) of this [section] subdivision, there is hereby imposed  a  surcharge
     7  on  the  gross  receipts from telecommunication services relating to the
     8  metropolitan commuter transportation district at the rate  of  seventeen
     9  percent  of the state tax rate under section one hundred eighty-six-e of
    10  this article for all or part of taxable years commencing  on  and  after
    11  January  first,  nineteen hundred ninety-five but ending before December
    12  thirty-first, two thousand [five] nine.  All the definitions  and  other
    13  provisions  of  section  one  hundred eighty-six-e of this article shall
    14  apply to the tax imposed by this paragraph with  such  modification  and
    15  limitation as may be necessary (including substituting the words "metro-
    16  politan commuter transportation district" for "state" where appropriate)
    17  in  order to adapt the language of such section one hundred eighty-six-e
    18  of this article to the surcharge imposed by this paragraph  within  such
    19  metropolitan  commuter  transportation district so as to include (1) any
    20  intra-district telecommunication services, except any  telecommunication
    21  services the gross receipts from which are subject to tax under subpara-
    22  graph  four  of this paragraph, (2) any inter-district telecommunication
    23  services which originate or terminate in such district and  are  charged
    24  to a service address therein regardless of where the amounts charged for
    25  such  services  are  billed  or ultimately paid, except any telecommuni-
    26  cations services the gross receipts from which are subject to tax  under
    27  subparagraph  four  of  this  paragraph,  (3)  as  apportioned  to  such
    28  district, private telecommunication services,  except  any  telecommuni-
    29  cation  services  the gross receipts from which are subject to tax under
    30  subparagraph four of this paragraph, and (4)  mobile  telecommunications
    31  service  provided  by a home service provider where the place of primary
    32  use  is  within  such  metropolitan  commuter  transportation  district.
    33  Provided  however,  commencing  October  first, nineteen hundred ninety-
    34  eight such tax surcharge shall be calculated as if the tax imposed under
    35  section one hundred eighty-six-e of this article were imposed at a  rate
    36  of three and one-half percent.
    37    §  4.  Subdivision  1  of  section 209-B of the tax law, as amended by
    38  section 5 of part D of chapter 20 of the laws of  2001,  is  amended  to
    39  read as follows:
    40    1.  For  the  privilege  of  exercising its corporate franchise, or of
    41  doing business, or of employing capital, or of owning or leasing proper-
    42  ty in a corporate or organized capacity, or of maintaining an office  in
    43  the  metropolitan  commuter transportation district, for all or any part
    44  of its taxable year, there is hereby imposed on every corporation, other
    45  than a New York S corporation, subject to tax under section two  hundred
    46  nine  of  this  article,  or any receiver, referee, trustee, assignee or
    47  other fiduciary, or any officer or agent appointed  by  any  court,  who
    48  conducts  the  business  of  any such corporation, for the taxable years
    49  commencing on or after January first, nineteen  hundred  eighty-two  but
    50  ending  before  December  thirty-first,  two thousand [five] nine, a tax
    51  surcharge, in addition to the tax imposed under section two hundred nine
    52  of this article, to be computed at the rate of eighteen  per  centum  of
    53  the  tax  imposed  under  such section two hundred nine for such taxable
    54  years or any part of such taxable years ending before  December  thirty-
    55  first,  nineteen hundred eighty-three after the deduction of any credits
    56  otherwise allowable under this article, and at the rate of seventeen per
        S. 6060                            12                            A. 9560
 
     1  centum of the tax imposed under such section for such taxable  years  or
     2  any part of such taxable years ending on or after December thirty-first,
     3  nineteen  hundred eighty-three after the deduction of any credits other-
     4  wise allowable under this article; provided, however, that such rates of
     5  tax  surcharge  shall be applied only to that portion of the tax imposed
     6  under section two hundred nine of this article after  the  deduction  of
     7  any credits otherwise allowable under this article which is attributable
     8  to  the  taxpayer's business activity carried on within the metropolitan
     9  commuter transportation district; and provided, further,  that  the  tax
    10  surcharge imposed by this section shall not be imposed upon any taxpayer
    11  for  more  than  [two  hundred  seventy-six]  three  hundred twenty-four
    12  months. Provided however, that for taxable years commencing on or  after
    13  July  first,  nineteen  hundred  ninety-eight,  such  surcharge shall be
    14  calculated as if the tax imposed under section two hundred ten  of  this
    15  article  were imposed under the law in effect for taxable years commenc-
    16  ing on or after July first, nineteen  hundred  ninety-seven  and  before
    17  July first, nineteen hundred ninety-eight.
    18    §  5.  Subsection  1  of  section 1455-B of the tax law, as amended by
    19  section 6 of part D of chapter 20 of the laws of  2001,  is  amended  to
    20  read as follows:
    21    1.  For the privilege of exercising its franchise or doing business in
    22  the metropolitan commuter transportation  district  in  a  corporate  or
    23  organized capacity, there is hereby imposed on every taxpayer subject to
    24  tax  under  this  article,  other than a New York S corporation, for the
    25  taxable years commencing on or after  January  first,  nineteen  hundred
    26  eighty-two  but ending before December thirty-first, two thousand [five]
    27  nine, a tax surcharge, in addition to  the  tax  imposed  under  section
    28  fourteen  hundred fifty-one of this article, at the rate of eighteen per
    29  centum of the tax imposed under such section fourteen hundred  fifty-one
    30  of  this  article,  for  such  taxable years or any part of such taxable
    31  years ending before December thirty-first, nineteen hundred eighty-three
    32  after the deduction of any credits otherwise allowable under this  arti-
    33  cle,  and  at  the rate of seventeen per centum of the tax imposed under
    34  such section for such taxable years or any part of  such  taxable  years
    35  ending  on or after December thirty-first, nineteen hundred eighty-three
    36  after the deduction of any credits otherwise allowable under this  arti-
    37  cle; provided however, that such rates of tax surcharge shall be applied
    38  only  to  that portion of the tax imposed under section fourteen hundred
    39  fifty-one of this article after the deduction of any  credits  otherwise
    40  allowable  under  this  article  which is attributable to the taxpayer's
    41  business activity carried on within the metropolitan commuter  transpor-
    42  tation  district;  and provided, further, that the tax surcharge imposed
    43  by this section shall not be imposed upon any  taxpayer  for  more  than
    44  [two  hundred  seventy-six]  three  hundred twenty-four months. Provided
    45  however, that for taxable years commencing on or after July  first,  two
    46  thousand, such surcharge shall be calculated as if the rate of the basic
    47  tax computed under subsection (a) of section fourteen hundred fifty-five
    48  of this article was nine percent.
    49    §  6.  Subdivision (a) of section 1505-a of the tax law, as amended by
    50  section 5 of part H3 of chapter 62 of the laws of 2003, paragraph  2  as
    51  amended  by  section  1 of part Z of chapter 686 of the laws of 2003, is
    52  amended to read as follows:
    53    (a) (1) Every domestic insurance  corporation  and  every  foreign  or
    54  alien  insurance  corporation,  and  every  life  insurance  corporation
    55  described in subdivision (b) of section  fifteen  hundred  one  of  this
    56  article,  for the privilege of exercising its corporate franchise, or of
        S. 6060                            13                            A. 9560
 
     1  doing business, or of employing capital, or of owning or leasing proper-
     2  ty in the metropolitan commuter transportation district in  a  corporate
     3  or  organized  capacity, or of maintaining an office in the metropolitan
     4  commuter  transportation  district,  for  all or any part of its taxable
     5  years commencing on or after January first, nineteen hundred eighty-two,
     6  but ending before  December  thirty-first,  two  thousand  [five]  nine,
     7  except  corporations  specified  in  subdivision  (c) of section fifteen
     8  hundred twelve of this article, shall annually pay, in addition  to  the
     9  taxes  otherwise  imposed  by this article, a tax surcharge on the taxes
    10  imposed under this article after the deduction of any credits  otherwise
    11  allowable  under  this article as allocated to such district. Such taxes
    12  shall be allocated to such district for purposes of computing  such  tax
    13  surcharge upon taxpayers subject to tax under subdivision (b) of section
    14  fifteen  hundred ten of this article by applying the methodology, proce-
    15  dures and computations set forth in subdivisions (a) and (b) of  section
    16  fifteen  hundred  four  of this article, except that references to terms
    17  denoting New York premiums, and total wages, salaries, personal  service
    18  compensation  and  commissions within New York shall be read as denoting
    19  within the  metropolitan  commuter  transportation  district  and  terms
    20  denoting  total  premiums  and  total  wages, salaries, personal service
    21  compensation and commissions shall be read as denoting within the state.
    22  If it shall appear to the commissioner that the application of the meth-
    23  odology, procedures and computations set forth in such subdivisions  (a)
    24  and  (b) does not properly reflect the activity, business or income of a
    25  taxpayer within the metropolitan commuter transportation district,  then
    26  the  commissioner shall be authorized, in the commissioner's discretion,
    27  to adjust such methodology, procedures and computations for the  purpose
    28  of allocating such taxes by:
    29    (A) excluding one or more factors therein;
    30    (B)  including  one  or  more other factors therein, such as expenses,
    31  purchases, receipts other  than  premiums,  real  property  or  tangible
    32  personal property; or
    33    (C)  any  other similar or different method which allocates such taxes
    34  by attributing a fair and proper portion of such taxes to the  metropol-
    35  itan  commuter  transportation  district.  The commissioner from time to
    36  time shall publish all rulings of general public interest  with  respect
    37  to  any  application  of  the  provisions of the preceding sentence. The
    38  commissioner may promulgate rules and regulations to  further  implement
    39  the provisions of this section.
    40    (2)  Such  taxes  shall  be allocated to such district for purposes of
    41  computing such tax surcharge upon taxpayers subject to tax under section
    42  fifteen hundred two-a of this article pursuant to a fraction, the denom-
    43  inator of which shall be  the  direct  premiums  subject  to  tax  under
    44  section  fifteen hundred ten of this article, and the numerator of which
    45  shall be the direct  premiums  subject  to  tax  under  section  fifteen
    46  hundred  ten  of this article that are written on risks located or resi-
    47  dent in the metropolitan  commuter  transportation  district,  including
    48  premiums  written,  procured  or  received  in the metropolitan commuter
    49  transportation district on business that cannot be specifically assigned
    50  as located or resident in an area of New York state outside  the  metro-
    51  politan commuter transportation district, or in another state or states;
    52  provided,  however,  in the case of special risk premiums, the numerator
    53  shall include only those premiums written, procured or received  in  the
    54  metropolitan  commuter  transportation  district  on  property  or risks
    55  located  or  resident  in  the  metropolitan   commuter   transportation
    56  district. If it shall appear to the commissioner that the application of
        S. 6060                            14                            A. 9560
 
     1  the methodology, procedures and computations set forth in this paragraph
     2  does not properly reflect the activity, business or income of a taxpayer
     3  within  the  metropolitan  commuter  transportation  district,  then the
     4  commissioner  shall  be authorized, in the commissioner's discretion, to
     5  adjust such methodology, procedures and computations for the purpose  of
     6  allocating such taxes by: (A) excluding the factor therein and including
     7  one  or  more  other factors such as expenses, purchases, receipts other
     8  than premiums, real property or tangible personal property; or  (B)  any
     9  other  similar  or different method which allocates such taxes by attri-
    10  buting a fair and proper portion  of  such  taxes  to  the  metropolitan
    11  commuter  transportation  district.  The  commissioner from time to time
    12  shall publish all rulings of general public interest with respect to any
    13  application of the provisions of the preceding sentence. The commission-
    14  er may  promulgate  rules  and  regulations  to  further  implement  the
    15  provisions of this section.
    16    (3)  Such  tax surcharge shall be computed at the rate of eighteen per
    17  centum of the taxes imposed  under  sections  fifteen  hundred  one  and
    18  fifteen  hundred  ten  of  this  article  as  limited by section fifteen
    19  hundred five of this article, as allocated to such  district,  for  such
    20  taxable  years  or any part of such taxable years ending before December
    21  thirty-first, nineteen hundred eighty-three after the deduction  of  any
    22  credits otherwise allowable under this article, at the rate of seventeen
    23  per  centum  of  the  taxes  imposed  under  such sections as limited by
    24  section fifteen hundred five of  this  article,  as  allocated  to  such
    25  district,  for  such  taxable  years  or  any part of such taxable years
    26  ending on or after December thirty-first, nineteen hundred  eighty-three
    27  and  before January first, two thousand three after the deduction of any
    28  credits otherwise allowable under this  article,  and  at  the  rate  of
    29  seventeen per centum of the taxes imposed under sections fifteen hundred
    30  one,  fifteen hundred two-a, and fifteen hundred ten of this article, as
    31  limited or otherwise determined by subdivision (a)  or  (b)  of  section
    32  fifteen hundred five of this article, as allocated to such district, for
    33  such taxable years or any part of such taxable years ending after Decem-
    34  ber  thirty-first,  two  thousand two after the deduction of any credits
    35  otherwise allowable under this article; provided, however, that the  tax
    36  surcharge imposed by this section shall not be imposed upon any taxpayer
    37  for  more  than  [two  hundred  seventy-six]  three  hundred twenty-four
    38  months. Provided however, that for taxable years commencing on or  after
    39  July  first,  two  thousand, and in the case of taxpayers subject to tax
    40  under section fifteen hundred two-a of this article, for  taxable  years
    41  of  such  taxpayers  beginning  on or after July first, two thousand and
    42  before January first, two thousand three, such surcharge shall be calcu-
    43  lated as if (i) the rate of the tax  computed  under  paragraph  one  of
    44  subdivision  (a) of section fifteen hundred two of this article was nine
    45  percent and (ii) the rate of the limitation on tax set forth in  section
    46  fifteen  hundred  five  of  this article for domestic, foreign and alien
    47  insurance corporations except life insurance corporations  was  two  and
    48  six-tenths percent.
    49    § 7. This act shall take effect immediately.
 
    50                                   PART F
 
    51    Section  1.  Subdivisions 3, 4, 5, 6 and 9 of section 187-b of the tax
    52  law, subdivisions 3, 4 and 6 as added by section 127 of part A of  chap-
    53  ter 389 of the laws of 1997, subdivision 5 and paragraph (e) of subdivi-
    54  sion  6  as  added,  subdivision  6  as  renumbered and subdivision 9 as
        S. 6060                            15                            A. 9560
 
     1  amended by chapter 597 of the laws of  2002,  are  amended  to  read  as
     2  follows:
     3    3.  Clean-fuel  vehicle  property.  The  credit under this section for
     4  clean-fuel vehicle property shall equal sixty percent of the cost of any
     5  such property
     6    (a) for which a deduction is allowed under section one hundred  seven-
     7  ty-nine-A of the internal revenue code (determined without regard to the
     8  limitations  prescribed  in  paragraph  one  of  subsection  (b) of such
     9  section or the election referred to in subsection (e)  of  such  section
    10  with  respect to section one hundred seventy-nine of such code), but not
    11  including clean-fuel vehicle property relating  to  a  qualified  hybrid
    12  vehicle  as such vehicle is defined in subparagraph (E) of paragraph six
    13  of subsection (p) of section six hundred six of this chapter, and
    14    (b) which is installed in or manufactured as part of a  motor  vehicle
    15  which is registered in this state,
    16    (c)  provided,  however,  the  credit with respect to any such vehicle
    17  shall not exceed five thousand dollars per vehicle for vehicles  with  a
    18  gross  vehicle weight rating of fourteen thousand pounds or less and ten
    19  thousand dollars per vehicle for all other vehicles.
    20    4. Clean-fuel  vehicle  refueling  property.  The  credit  under  this
    21  section  for  clean-fuel  vehicle  refueling  property shall equal fifty
    22  percent of the cost of any such property
    23    (a) which is located in this state and
    24    (b) for which a deduction is allowed under section one hundred  seven-
    25  ty-nine-A of the internal revenue code (determined without regard to the
    26  limitations  prescribed  in  paragraph  two  of  subsection  (b) of such
    27  section or the election referred to in subsection (e)  of  such  section
    28  with  respect to section one hundred seventy-nine of such code), but not
    29  including clean-fuel refueling property relating to a  qualified  hybrid
    30  vehicle  as such vehicle is defined in subparagraph (E) of paragraph six
    31  of subsection (p) of section six hundred six of this chapter.
    32    5. Qualified hybrid vehicles. The credit under this section for quali-
    33  fied hybrid vehicles shall equal two thousand dollars per vehicle regis-
    34  tered in this state[; provided, however, that such vehicle may not qual-
    35  ify for both the  credit  under  this  subdivision  and  the  clean-fuel
    36  vehicle property credit permitted by subdivision three of this section].
    37    6.  Definitions.  (a)  The  term  "electric vehicle" means a qualified
    38  electric vehicle within the meaning of subsection (c) of section  thirty
    39  of the internal revenue code.
    40    (b)  The  terms  "clean-fuel vehicle property" and "clean-fuel vehicle
    41  refueling property" mean any such property which is qualified within the
    42  meaning of subsections (c) and (d), respectively, of section one hundred
    43  seventy-nine-A of the internal revenue code, but such  terms  shall  not
    44  include  clean-fuel  vehicle  property  or  clean-fuel vehicle refueling
    45  property relating to a qualified  hybrid  vehicle  as  such  vehicle  is
    46  defined  in  subparagraph  (E)  of  paragraph  six  of subsection (p) of
    47  section six hundred six of this chapter.
    48    (c) The term "clean-fuel" means natural gas, liquefied petroleum  gas,
    49  hydrogen, electricity, and any other fuel which is at least [eight-five]
    50  eighty-five  percent,  singly  or in combination, methanol, ethanol, any
    51  other alcohol, or ether.
    52    (d) The term "incremental cost" shall mean the excess of the  cost  of
    53  an electric vehicle over the cost of a gasoline-powered vehicle which is
    54  similar in size and style.
        S. 6060                            16                            A. 9560
 
     1    (e) The term "qualified hybrid vehicle" shall have the same meaning as
     2  provided  for  under subparagraph (E) of paragraph six of subsection (p)
     3  of section six hundred six of this chapter.
     4    9.  Termination.  This  section  shall not apply to property placed in
     5  service in taxable years  beginning  after  December  thirty-first,  two
     6  thousand [three] four.
     7    §  2.  Subparagraph (ii) of paragraph (a) of subdivision 24 of section
     8  210 of the tax law, as amended by section 1 of part J of chapter  63  of
     9  the laws of 2000, is amended to read as follows:
    10    (ii)  For  purposes  of this subdivision, the term "governmental unit"
    11  means the United States, any state or political subdivision thereof, any
    12  possession of the United States, or any agency or instrumentality of any
    13  of the foregoing. For taxable years beginning in  two  thousand  through
    14  two  thousand  [three] four, in the case of electric vehicles, or clean-
    15  fuel vehicle property which is installed in or manufactured as part of a
    16  motor vehicle, where such vehicles are sold or first leased  during  the
    17  taxable  year  to  a governmental unit, a credit shall be allowed, to be
    18  computed as hereinafter provided, against the tax imposed by this  arti-
    19  cle,  provided  that  (A)  with  respect  to such vehicles first sold or
    20  leased to a governmental unit during  taxable  years  beginning  in  two
    21  thousand  and two thousand one, the taxpayer executes a written contract
    22  with such governmental unit on or before December thirty-first, nineteen
    23  hundred ninety-nine for such sale or lease of such vehicles, and (B)  as
    24  a  result  of  the  production,  manufacture  or installation activities
    25  relating to such vehicles, at  least  twenty-five  new  full-time  jobs,
    26  excluding  those  of  general  executive  officers,  are created in this
    27  state. The total amount of credit for both electric vehicles and  clean-
    28  fuel  vehicle  property  allowable to a taxpayer under this subparagraph
    29  for taxable years beginning in two thousand and two thousand one,  taken
    30  in  the  aggregate,  shall  not exceed two million five hundred thousand
    31  dollars, and with respect to such vehicles first sold  or  leased  to  a
    32  governmental  unit  during  taxable  years beginning in two thousand two
    33  [and], two thousand three and two thousand four, the  amount  of  credit
    34  for  both  electric  vehicles  and clean-fuel vehicle property shall not
    35  exceed two million five hundred thousand in the case  of  each  of  such
    36  years two thousand two [and], two thousand three and two thousand four.
    37    §  3.  Paragraphs  (c),  (d),  (e),  (f)  and (i) of subdivision 24 of
    38  section 210 of the tax law, paragraph (c) as amended  by  section  1  of
    39  part  R  of  chapter  407 of the laws of 1999, paragraph (d) as added by
    40  section 128 of part A of chapter 389 of the laws of 1997, paragraph  (e)
    41  and  subparagraph (v) of paragraph (f) as added, paragraph (f) as relet-
    42  tered and paragraph (i) as amended by chapter 597 of the laws  of  2002,
    43  and paragraph (f) as added by section 40 of part A of chapter 389 of the
    44  laws of 1997, are amended to read as follows:
    45    (c) Clean-fuel vehicle property. The credit under this subdivision for
    46  clean-fuel vehicle property shall equal sixty percent of the cost of any
    47  such property
    48    (i)  for which a deduction is allowed under section one hundred seven-
    49  ty-nine-A of the internal revenue code (determined without regard to the
    50  limitations prescribed in  paragraph  one  of  subsection  (b)  of  such
    51  section  or  the  election referred to in subsection (e) of such section
    52  with respect to section one hundred seventy-nine of such code or, in the
    53  case of clean-fuel vehicle property which is installed  in  or  manufac-
    54  tured  as part of a motor vehicle sold or leased to a governmental unit,
    55  without regard to paragraph five of subsection (e) of such section inso-
    56  far as it relates to property  used  by  governmental  units),  but  not
        S. 6060                            17                            A. 9560
 
     1  including  clean-fuel  vehicle  property  relating to a qualified hybrid
     2  vehicle as such vehicle is defined in subparagraph (E) of paragraph  six
     3  of subsection (p) of section six hundred six of this chapter, and
     4    (ii)  which is installed in or manufactured as part of a motor vehicle
     5  which is registered in this state or, in the case of clean-fuel  vehicle
     6  property  which is installed in or manufactured as part of a motor vehi-
     7  cle sold or leased to a governmental unit, the installation or  manufac-
     8  ture of which takes place in this state,
     9    (iii)  provided,  however, the credit with respect to any such vehicle
    10  shall not exceed five thousand dollars per vehicle for vehicles  with  a
    11  gross  vehicle weight rating of fourteen thousand pounds or less and ten
    12  thousand dollars per vehicle for all other vehicles.
    13    (d) Clean-fuel vehicle  refueling  property.  The  credit  under  this
    14  subdivision  for clean-fuel vehicle refueling property shall equal fifty
    15  percent of the cost of any such property
    16    (i) which is located in this state and
    17    (ii) for which a deduction is allowed under section one hundred seven-
    18  ty-nine-A of the internal revenue code (determined without regard to the
    19  limitations prescribed in  paragraph  two  of  subsection  (b)  of  such
    20  section  or  the  election referred to in subsection (e) of such section
    21  with respect to section one hundred seventy-nine of such code), but  not
    22  including  clean-fuel vehicle refueling property relating to a qualified
    23  hybrid vehicle as such vehicle is defined in subparagraph (E)  of  para-
    24  graph six of subsection (p) of section six hundred six of this chapter.
    25    (e)  Qualified  hybrid vehicles. The credit under this subdivision for
    26  qualified hybrid vehicles shall equal two thousand dollars  per  vehicle
    27  registered  in this state[; provided, however, that such vehicle may not
    28  qualify for both the credit under  this  paragraph  and  the  clean-fuel
    29  vehicle property credit permitted by paragraph (c) of this subdivision].
    30    (f)  Definitions.  (i)  The  term "electric vehicle" means a qualified
    31  electric vehicle within the meaning of subsection (c) of section  thirty
    32  of the internal revenue code.
    33    (ii)  The  terms "clean-fuel vehicle property" and "clean-fuel vehicle
    34  refueling property" mean any such property which is qualified within the
    35  meaning of subsections (c) and (d), respectively, of section one hundred
    36  seventy-nine-A of the internal revenue code, but such  terms  shall  not
    37  include  clean-fuel  vehicle  property  or  clean-fuel vehicle refueling
    38  property relating to a qualified  hybrid  vehicle  as  such  vehicle  is
    39  defined  in  subparagraph  (E)  of  paragraph  six  of subsection (p) of
    40  section six hundred six of this chapter.
    41    (iii) The  term "clean-fuel"  means natural gas,  liquefied  petroleum
    42  gas,  hydrogen,    electricity,  and any other   fuel which  is at least
    43  eighty-five percent, singly or in combination,  methanol,  ethanol,  any
    44  other alcohol, or ether.
    45    (iv)  The term "incremental cost" shall mean the excess of the cost of
    46  an electric vehicle over the cost of a gasoline-powered vehicle which is
    47  similar in size and style.
    48    (v) The term "qualified hybrid vehicle" shall have the same meaning as
    49  provided for under subparagraph (E) of paragraph six of  subsection  (p)
    50  of section six hundred six of this chapter.
    51    (i) Termination. Subparagraph (i) of paragraph (a) of this subdivision
    52  shall not apply to property placed in service in taxable years beginning
    53  after  December thirty-first, two thousand [three] four and subparagraph
    54  (ii) of paragraph (a) of this subdivision shall not  apply  to  property
    55  sold  or  first leased in taxable years beginning after December thirty-
    56  first, two thousand [three] four.
        S. 6060                            18                            A. 9560
 
     1    § 4. Paragraphs 3, 4, 5, 6 and 9 of subsection (p) of section  606  of
     2  the  tax law, paragraphs 3, 4 and 6 as added by section 129 of part A of
     3  chapter 389 of the laws of 1997, paragraph 5  and  subparagraph  (E)  of
     4  paragraph  6  as  added,  paragraph  6 as renumbered, and paragraph 9 as
     5  amended  by  chapter  597  of  the  laws of 2002, are amended to read as
     6  follows:
     7    (3) Clean-fuel vehicle property. The credit under this subsection  for
     8  clean-fuel vehicle property shall equal sixty percent of the cost of any
     9  such property
    10    (A)  for which a deduction is allowed under section one hundred seven-
    11  ty-nine-A of the internal revenue code (determined without regard to the
    12  limitations prescribed in  paragraph  one  of  subsection  (b)  of  such
    13  section  or  the  election referred to in subsection (e) of such section
    14  with respect to section one hundred seventy-nine of such code), but  not
    15  including  clean-fuel  vehicle  property  relating to a qualified hybrid
    16  vehicle as such vehicle is defined in subparagraph (E) of paragraph  six
    17  of this subsection and
    18    (B)  which  is installed in or manufactured as part of a motor vehicle
    19  which is registered in this state,
    20    (C) provided, however, the credit with respect  to  any  such  vehicle
    21  shall  not  exceed five thousand dollars per vehicle for vehicles with a
    22  gross vehicle weight rating of fourteen thousand pounds or less and  ten
    23  thousand dollars per vehicle for all other vehicles.
    24    (4)  Clean-fuel  vehicle  refueling  property.  The  credit under this
    25  subsection for clean-fuel vehicle refueling property shall  equal  fifty
    26  percent of the cost of any such property
    27    (A) which is located in this state and
    28    (B)  for which a deduction is allowed under section one hundred seven-
    29  ty-nine-A of the internal revenue code (determined without regard to the
    30  limitations prescribed in  paragraph  two  of  subsection  (b)  of  such
    31  section  or  the  election referred to in subsection (e) of such section
    32  with respect to section one hundred seventy-nine of such code), but  not
    33  including  clean-fuel vehicle refueling property relating to a qualified
    34  hybrid vehicle as such vehicle is defined in subparagraph (E)  of  para-
    35  graph six of this subsection.
    36    (5)  Qualified  hybrid  vehicle.  The credit under this subsection for
    37  qualified hybrid vehicles shall equal two thousand dollars  per  vehicle
    38  registered  in this state[; provided, however, that such vehicle may not
    39  qualify for both the credit under  this  paragraph  and  the  clean-fuel
    40  vehicle   property   credit   permitted   by  paragraph  three  of  this
    41  subsection].
    42    (6) Definitions. (A) The term "electric  vehicle"  means  a  qualified
    43  electric  vehicle within the meaning of subsection (c) of section thirty
    44  of the internal revenue code.
    45    (B) The terms "clean-fuel vehicle property"  and  "clean-fuel  vehicle
    46  refueling property" mean any such property which is qualified within the
    47  meaning of subsections (c) and (d), respectively, of section one hundred
    48  seventy-nine-A  of  the  internal revenue code, but such terms shall not
    49  include clean-fuel vehicle  property  or  clean-fuel  vehicle  refueling
    50  property  relating  to  a  qualified  hybrid  vehicle as such vehicle is
    51  defined in subparagraph (E) of this paragraph.
    52    (C) The term "clean-fuel" means natural gas, liquefied petroleum  gas,
    53  hydrogen,  electricity, and any other fuel which is at least eighty-five
    54  percent, singly or in combination, methanol, ethanol, any other alcohol,
    55  or ether.
        S. 6060                            19                            A. 9560
 
     1    (D) The term "incremental cost" shall mean the excess of the  cost  of
     2  an electric vehicle over the cost of a gasoline-powered vehicle which is
     3  similar in size and style.
     4    (E)  The  term  "qualified  hybrid  vehicle" means a motor vehicle, as
     5  defined in section one hundred twenty-five of the  vehicle  and  traffic
     6  law, other than an electric vehicle (as such term is defined in subpara-
     7  graph (A) of this paragraph), that:
     8    (i) draws propulsion energy from both
     9    (a)  an internal combustion engine (or heat engine that uses combusti-
    10  ble fuel); and
    11    (b) an energy storage device; and
    12    (ii) employs a regenerative vehicle braking system that recovers waste
    13  energy to charge such energy storage device.
    14    (9) Termination. This subsection shall not apply to property placed in
    15  service in taxable years  beginning  after  December  thirty-first,  two
    16  thousand [three] four.
    17    § 5. Paragraph 1 of subdivision (p) of section 1115 of the tax law, as
    18  amended  by  chapter  597  of  the  laws  of 2002, is amended to read as
    19  follows:
    20    (1) That portion of the receipts from the retail sale of a new  alter-
    21  native  fuel  vehicle  which  is attributable to the incremental cost of
    22  such vehicle shall be exempt from the tax imposed under subdivision  (a)
    23  of  section  eleven hundred five of this article and that portion of the
    24  consideration given or contracted to be given for such a  vehicle  which
    25  is  attributable to the incremental cost of such vehicle shall be exempt
    26  from the compensating use tax imposed under section eleven  hundred  ten
    27  of this article, but only where the incremental cost is separately stat-
    28  ed  in  the  written  contract,  if  any, or on the bill rendered to the
    29  purchaser; provided that the incremental cost of a two thousand  through
    30  two  thousand  two  model  year  qualified hybrid vehicle need not be so
    31  separately stated; provided, further, that the  incremental  cost  of  a
    32  qualified  hybrid  vehicle  purchased  between March first, two thousand
    33  four, and the date the chapter of the laws of two  thousand  four  which
    34  amends this paragraph becomes a law need not be so separately stated.
    35    §  6.  Subparagraph  (iv) of paragraph 5 of subdivision (p) of section
    36  1115 of the tax law, as amended by chapter 597 of the laws of  2002,  is
    37  amended to read as follows:
    38    (iv)  "incremental cost" means the increased sale price of an alterna-
    39  tive fuel vehicle, above the sale price of a  comparable  motor  vehicle
    40  similar  in all other respects but for the equipment necessary to render
    41  it an alternative fuel vehicle, which increased sale price is  attribut-
    42  able  to  such  vehicle  being equipped to render it an alternative fuel
    43  vehicle. [If no such comparable motor vehicle exists with respect  to  a
    44  qualified  hybrid  vehicle,  the  incremental  cost] Notwithstanding the
    45  foregoing, the incremental cost of a qualified hybrid vehicle  shall  be
    46  three thousand dollars;
    47    §  7.  Subdivision  21  of section 219 of part A of chapter 389 of the
    48  laws of 1997, amending the tax law, the  banking  law,  and  other  laws
    49  relating  to the 1997-1998 fiscal plan, as amended by chapter 597 of the
    50  laws of 2002, is amended to read as follows:
    51    (21) sections one hundred twenty-seven through one hundred  thirty  of
    52  this  act  shall  apply  to  property placed in service in taxable years
    53  beginning on or after January 1, 1998, and section one  hundred  thirty-
    54  one  of  this act shall take effect March 1, 1998 and shall apply to the
    55  period commencing on such date and ending on  February  [29,  2004]  28,
    56  2005,  without  interruption, when upon such ending date subdivision (p)
        S. 6060                            20                            A. 9560
 
     1  of section 1115 of the tax law shall be deemed REPEALED, provided howev-
     2  er, that the commissioner of taxation and finance may  take  any  action
     3  with  respect  to  the  adoption, amendment, suspension or repeal of any
     4  rule or regulation relating to sections one hundred twenty-seven through
     5  one  hundred  thirty-two  of  this  act, and may establish any procedure
     6  necessary for the timely implementation thereof;
     7    § 8. This act shall take effect immediately; provided,  however,  that
     8  sections  one  through  four  of  this  act shall apply to taxable years
     9  beginning on or after January 1, 2004; provided, further, that  sections
    10  five,  six  and  seven  of this act shall be deemed to have been in full
    11  force and effect on and after March 1, 2004, and shall  apply  to  sales
    12  made, services rendered and uses occurring after March 1, 2004, although
    13  made  or  occurring  under a prior contract; and provided, further, that
    14  the amendments to subdivision (p) of section 1115 of the tax law made by
    15  sections five and six of this act shall not affect the  repeal  of  such
    16  subdivision  and  shall  be  deemed  repealed  therewith;  and provided,
    17  further, that the commissioner of taxation and finance shall be  author-
    18  ized on and after the date this act shall have become a law to adopt and
    19  amend  any  rules  or  regulations  and  issue  any procedures, forms or
    20  instructions necessary to implement the provisions of this  act  on  its
    21  effective date.
 
    22                                   PART G
 
    23    Section 1. Subparagraph 1 of paragraph (d) of subdivision 1 of section
    24  210  of the tax law, as amended by section 12 of part A of chapter 56 of
    25  the laws of 1998, is amended to read as follows:
    26    (1) The amount prescribed by this paragraph shall be  for  a  taxpayer
    27  which during the taxable year has:
    28    (A)  a gross payroll of twenty-five million dollars or more, ten thou-
    29  sand dollars;
    30    (B) a gross payroll of less than twenty-five million dollars, but more
    31  than six million two hundred fifty thousand  dollars  [or  more],  [one]
    32  five thousand [five hundred] dollars;
    33    [(B)]  (C) a gross payroll of [less than] no more than six million two
    34  hundred fifty thousand dollars but more than one million  dollars,  four
    35  hundred twenty-five dollars;
    36    [(C)] (D) a gross payroll of no more than one million dollars but more
    37  than five hundred thousand dollars, three hundred twenty-five dollars;
    38    [(D)]  (E)  a  gross  payroll  of  no  more than five hundred thousand
    39  dollars [but more than two hundred fifty thousand dollars,  two  hundred
    40  twenty-five dollars;
    41    (E)  a  gross  payroll  of two hundred fifty thousand dollars or less]
    42  (except as prescribed in clause (F) of this subparagraph),  one  hundred
    43  dollars;
    44    (F)  a  gross  payroll  of  one  thousand  dollars or less, with total
    45  receipts within and without this state of one thousand dollars or  less,
    46  and the average value of the assets of which are one thousand dollars or
    47  less, eight hundred dollars.
    48    § 2. This act shall take effect immediately and apply to taxable years
    49  commencing on and after January 1, 2004.
 
    50                                   PART H
        S. 6060                            21                            A. 9560
 
     1    Section  1.  The  section  heading  of  section 696 of the tax law, as
     2  amended by section 1 of part Q of chapter 85 of the  laws  of  2002,  is
     3  amended to read as follows:
     4    Income  taxes  of  members of armed forces, astronauts, and victims of
     5  certain terrorist attacks.
     6    § 2. The opening paragraph of subsection (a) of section 696 of the tax
     7  law, as amended by chapter 549 of the laws of 1967, is amended  to  read
     8  as follows:
     9    In the case of an individual serving in the armed forces of the United
    10  States,  or  serving  in support of such armed forces, in an area desig-
    11  nated by the president of the United States  by  executive  order  as  a
    12  "combat  zone" at any time during the period designated by the president
    13  by executive order as the period of combatant activities in  such  zone,
    14  or  when  deployed  outside the United States away from the individual's
    15  permanent duty station while  participating  in  an  operation  that  is
    16  either  designated  by  the  United  States  secretary  of  defense as a
    17  "contingency operation" or which became a contingency operation  due  to
    18  operation  of  law  during  the period of such contingency operation, or
    19  hospitalized inside or outside the state as a result of injury  received
    20  while  serving in such an area or operation during such time, the period
    21  of service in such area or operation,  plus  the  period  of  continuous
    22  hospitalization inside or outside the state attributable to such injury,
    23  and the next one hundred eighty days thereafter, shall be disregarded in
    24  determining,  under this article, in respect of the income tax liability
    25  (including any interest, penalty, or addition to the tax) of such  indi-
    26  vidual --
    27    § 3. Subsection (h) of section 696 of the tax law, as added by section
    28  2  of  part  Q  of chapter 85 of the laws of 2002, is amended to read as
    29  follows:
    30    (h)  Individuals  dying  as  a   result   of   certain   attacks   and
    31  astronauts.--(1) General. In the case of a specified terrorist victim or
    32  astronaut, any tax imposed by this article shall not apply--
    33    (A) with respect to the taxable year in which falls the date of death;
    34  and
    35    (B)  with  respect  to  any prior taxable year in the period beginning
    36  with the last taxable year ending before the taxable year in  which  the
    37  wounds  or injury referred to in paragraph three of this subsection were
    38  incurred.
    39    (2) Taxation of certain benefits. Paragraph  one  of  this  subsection
    40  shall  not  apply to the amount of any tax imposed by this article which
    41  would be computed by only taking into account the items of income, gain,
    42  or other amounts determined by the United States secretary of the treas-
    43  ury to be taxable pursuant to paragraph 692(d)(3) of the internal reven-
    44  ue code.
    45    (3) Specified terrorist victim. For purposes of this  subsection,  the
    46  term  "specified  terrorist  victim"  means  any  decedent who dies as a
    47  result of wounds or injury incurred as a result of the terrorist attacks
    48  against the United States  on  September  eleventh,  two  thousand  one,
    49  provided, however, such term shall not include any individual identified
    50  by  the attorney general of the United States to have been a participant
    51  or conspirator in any such attack or a representative of such  an  indi-
    52  vidual.
    53    (4)  Astronaut.  For purposes of this subsection, the term "astronaut"
    54  means any astronaut whose death occurs in the line of duty after  Decem-
    55  ber thirty-first, two thousand two.
        S. 6060                            22                            A. 9560
 
     1    § 4. Subsection (c) of section 612 of the tax law is amended by adding
     2  a new paragraph 8-b to read as follows:
     3    (8-b) Income received by an individual who is a member of the New York
     4  state  organized  militia, as such term is defined in subdivision one of
     5  section two of the military law, as compensation for  performing  active
     6  service  of  the state related to the efforts to combat terrorism within
     7  the state pursuant to state active duty orders issued in accordance with
     8  subdivision one of section six of the military law.
     9    § 5. Subparagraph (B) of paragraph 5 of  subdivision  (a)  of  section
    10  1116  of  the tax law, as amended by chapter 408 of the laws of 1998, is
    11  amended to read as follows:
    12    (B) at least seventy-five percent of the members of which are past  or
    13  present  members  of the armed forces of the United States as defined in
    14  section thirteen-a of the general construction law and substantially all
    15  of the other members of which are individuals  who  are  cadets  or  are
    16  spouses, widows, [or] widowers, ancestors, or lineal descendants of past
    17  or  present  members  of  the  armed  forces  of the United States or of
    18  cadets, and
    19    § 6. The tax law is amended by adding a new  section  27  to  read  as
    20  follows:
    21    §  27. Suspension of tax-exempt status of terrorist organizations.  1.
    22  An organization that is removed from the tax-exempt  organizations  list
    23  by  the  internal  revenue service pursuant to subsection (p) of section
    24  501 of title 26 of the United States Code shall not be exempt  from  any
    25  tax,  fee  or  other imposition administered by the commissioner, and it
    26  shall also not be an exempt  organization  with  respect  to  any  sale,
    27  transfer or assignment, beginning on the later of November eleventh, two
    28  thousand  three, or the date that the internal revenue service publishes
    29  revocation of the organization's tax-exempt status. In the case  of  any
    30  personal  income or corporate franchise tax imposed under or pursuant to
    31  the authority of this chapter, such revocation of  exempt  status  shall
    32  apply with respect to the entire taxable year in which the date of revo-
    33  cation occurs and to subsequent taxable years.
    34    2.  An  organization whose tax-exempt status has been revoked pursuant
    35  to subdivision one of this section and whose tax-exempt status is  later
    36  restored  by  the internal revenue service shall be required to submit a
    37  new application or applications and be approved before any  such  status
    38  shall  be restored with respect to any such tax, fee or other imposition
    39  administered by the commissioner.
    40    3. If an organization makes a sale of property or services on or after
    41  the date its exempt status has been revoked  under  subdivision  one  of
    42  this  section, such sale shall be taxable; and the organization shall be
    43  required to collect, pay or pay over any tax due on any such sale on  or
    44  after  such  date. If such organization fails to collect tax on any such
    45  sale, the purchaser shall owe any tax due and shall pay it  directly  to
    46  the  commissioner  in accordance with applicable law; provided, however,
    47  that, if such purchaser does not have knowledge that such organization's
    48  exempt status has been revoked, then such purchaser shall not be  liable
    49  for  any penalty or interest for failing to file a return or to pay such
    50  tax within thirty days of the date that such purchaser learns  that  the
    51  tax is owed on such purchase.
    52    §  7.  This act shall take effect immediately; provided, however, that
    53  section four of this act shall apply to taxable years  beginning  on  or
    54  after  January 1, 2004; and provided, further, that section five of this
    55  act shall take effect on June 1, 2004, and shall apply  to  sales  made,
    56  uses  occurring  and services rendered on or after such date, in accord-
        S. 6060                            23                            A. 9560
 
     1  ance with applicable transitional provisions in sections 1106  and  1217
     2  of the tax law.
 
     3                                   PART I
 
     4    Section  1.  Paragraph  (a) of subdivision 3 of section 210 of the tax
     5  law is amended by adding a new subparagraph 10 to read as follows:
     6    (10) (A) Notwithstanding the foregoing provisions of  this  paragraph,
     7  the  business  allocation percentage of a manufacturer shall be computed
     8  in the manner set forth in this subparagraph.
     9    (i) For taxable years beginning on or after January first,  two  thou-
    10  sand five and before January first, two thousand six, the business allo-
    11  cation  percentage  of  a  manufacturer  shall  be  determined by adding
    12  together the following percentages:
    13    (I) the product of twenty percent and the percentage determined  under
    14  subparagraph one of this paragraph,
    15    (II)  the product of sixty percent and the percentage determined under
    16  subparagraph two of this paragraph, and
    17    (III) the product of twenty  percent  and  the  percentage  determined
    18  under subparagraph three of this paragraph.
    19    (ii)  For taxable years beginning on or after January first, two thou-
    20  sand six and before January first,  two  thousand  seven,  the  business
    21  allocation  percentage  of  a manufacturer shall be determined by adding
    22  together the following percentages:
    23    (I) the product of fifteen percent and the percentage determined under
    24  subparagraph one of this paragraph,
    25    (II) the product of seventy  percent  and  the  percentage  determined
    26  under subparagraph two of this paragraph, and
    27    (III)  the  product  of  fifteen percent and the percentage determined
    28  under subparagraph three of this paragraph.
    29    (iii) For taxable years beginning on or after January first, two thou-
    30  sand seven and before January first, two thousand  eight,  the  business
    31  allocation  percentage  of  a manufacturer shall be determined by adding
    32  together the following percentages:
    33    (I) the product of ten percent and  the  percentage  determined  under
    34  subparagraph one of this paragraph,
    35    (II) the product of eighty percent and the percentage determined under
    36  subparagraph two of this paragraph, and
    37    (III)  the  product of ten percent and the percentage determined under
    38  subparagraph three of this paragraph.
    39    (iv) For taxable years beginning on or after January first, two  thou-
    40  sand  eight  and  before  January first, two thousand nine, the business
    41  allocation percentage of a manufacturer shall be  determined  by  adding
    42  together the following percentages:
    43    (I)  the  product  of five percent and the percentage determined under
    44  subparagraph one of this paragraph,
    45    (II) the product of ninety percent and the percentage determined under
    46  subparagraph two of this paragraph, and
    47    (III) the product of five percent and the percentage determined  under
    48  subparagraph three of this paragraph.
    49    (v)  For  taxable years beginning on or after January first, two thou-
    50  sand nine, the business allocation percentage of a manufacturer shall be
    51  the percentage provided for in subparagraph two of this paragraph.
    52    (B) For purposes of this subparagraph,  subdivision  three-a  of  this
    53  section  and  subdivision  two-c  of  section two hundred nine-B of this
    54  article, the term "manufacturer" shall mean a taxpayer which during  the
        S. 6060                            24                            A. 9560
 
     1  taxable  year  is  principally engaged in activities described in clause
     2  (A) or (C), or any combination thereof, of subparagraph (i) of paragraph
     3  (b) of subdivision twelve of this section.  Moreover,  for  purposes  of
     4  computing  a  business  allocation  percentage in a combined report, the
     5  entire combined group shall be considered a "manufacturer" for  purposes
     6  of  this  subparagraph  if the combined group during the taxable year is
     7  principally engaged in activities described in clause (A) or (C), or any
     8  combination thereof, of subparagraph (i) of paragraph (b) of subdivision
     9  twelve of this section. A taxpayer or a combined group shall be "princi-
    10  pally engaged" in activities described in clause (A) or (C) of  subpara-
    11  graph  (i)  of  paragraph  (b) of subdivision twelve of this section if,
    12  during the taxable year, more than fifty percent of  the  taxpayer's  or
    13  combined  group's  gross  receipts  are derived from such activities. In
    14  computing a combined group's  gross  receipts,  intercorporate  receipts
    15  shall be eliminated.
    16    §  2.  Paragraph (a) of subdivision 3-a of section 210 of the tax law,
    17  as amended by chapter 170 of the laws of 1994, is  amended  to  read  as
    18  follows:
    19    (a)  Multiply  its alternative business income by an alternative busi-
    20  ness allocation percentage determined pursuant to the method  prescribed
    21  in  subdivision  three  of  this  section  except that for taxable years
    22  beginning before nineteen hundred ninety-four the additional  percentage
    23  (referred  to in subparagraph four of paragraph (a) of such subdivision)
    24  equal to the percentage determined under subparagraph two  of  paragraph
    25  (a) of such subdivision shall be disregarded and not added together with
    26  the  other percentages, and except that the percentages employed in such
    27  subdivision three shall be modified to reflect the factors  utilized  in
    28  computing  minimum  taxable  income,  provided, however, that a taxpayer
    29  principally engaged in the conduct of aviation (other than  air  freight
    30  forwarders  acting  as  principal  and like indirect air carriers) shall
    31  determine its alternative business allocation percentage pursuant to the
    32  method prescribed in subparagraph seven of paragraph (a) of  subdivision
    33  three  of this section, provided further, however, that a taxpayer which
    34  is a manufacturer, as defined in clause (B) of subparagraph ten of para-
    35  graph (a) of subdivision three of  this  section,  shall  determine  its
    36  alternative  business  allocation  percentage  pursuant  to  the  method
    37  prescribed in clause (A) of such subparagraph ten.
    38    § 3. Section 209-B of the tax law is amended by adding a new  subdivi-
    39  sion 2-c to read as follows:
    40    2-c.  A  taxpayer  which is a manufacturer as defined in clause (B) of
    41  subparagraph ten of paragraph (a) of subdivision three  of  section  two
    42  hundred  ten  of  this  article shall, notwithstanding the provisions of
    43  subdivision two of this section, determine the percentage of  its  busi-
    44  ness activity carried on within the metropolitan commuter transportation
    45  district in the manner set forth in this subdivision.
    46    (a)  For  taxable years beginning on or after January first, two thou-
    47  sand five and before January first, two thousand six, the percentage  of
    48  a  manufacturer's  business  activity carried on within the metropolitan
    49  commuter transportation district shall be determined by adding  together
    50  the following percentages:
    51    (i)  the product of twenty percent and the percentage determined under
    52  paragraph (a) of subdivision two of this section,
    53    (ii) the product of sixty percent and the percentage determined  under
    54  paragraph (b) of subdivision two of this section, and
    55    (iii)  the  product  of  twenty  percent and the percentage determined
    56  under paragraph (c) of subdivision two of this section.
        S. 6060                            25                            A. 9560
 
     1    (b) For taxable years beginning on or after January first,  two  thou-
     2  sand six and before January first, two thousand seven, the percentage of
     3  a  manufacturer's  business  carried on within the metropolitan commuter
     4  transportation district shall  be  determined  by  adding  together  the
     5  following percentages:
     6    (i) the product of fifteen percent and the percentage determined under
     7  paragraph (a) of subdivision two of this section,
     8    (ii)  the  product  of  seventy  percent and the percentage determined
     9  under paragraph (b) of subdivision two of this section, and
    10    (iii) the product of fifteen percent  and  the  percentage  determined
    11  under paragraph (c) of subdivision two of this section.
    12    (c)  For  taxable years beginning on or after January first, two thou-
    13  sand seven and before January first, two thousand eight, the  percentage
    14  of a manufacturer's business activity carried on within the metropolitan
    15  commuter  transportation district shall be determined by adding together
    16  the following percentages:
    17    (i) the product of ten percent and  the  percentage  determined  under
    18  paragraph (a) of subdivision two of this section,
    19    (ii) the product of eighty percent and the percentage determined under
    20  paragraph (b) of subdivision two of this section, and
    21    (iii)  the  product of ten percent and the percentage determined under
    22  paragraph (c) of subdivision two of this section.
    23    (d) For taxable years beginning on or after January first,  two  thou-
    24  sand  eight  and before January first, two thousand nine, the percentage
    25  of a manufacturer's business activity carried on within the metropolitan
    26  commuter transportation district shall be determined by adding  together
    27  the following percentages:
    28    (i)  the  product  of five percent and the percentage determined under
    29  paragraph (a) of subdivision two of this section,
    30    (ii) the product of ninety percent and the percentage determined under
    31  paragraph (b) of subdivision two of this section, and
    32    (iii) the product of five percent and the percentage determined  under
    33  paragraph (c) of subdivision two of this section.
    34    (e)  For  taxable years beginning on or after January first, two thou-
    35  sand nine, the percentage of a manufacturer's business activity  carried
    36  on within the metropolitan commuter transportation district shall be the
    37  percentage  provided  for  in  paragraph  (b) of subdivision two of this
    38  section.
    39    § 4. This act shall take effect immediately.
 
    40                                   PART J
 
    41    Section 1. The tax law is amended by adding a new  section  1105-D  to
    42  read as follows:
    43    §  1105-D. State homeland security activities surcharges. (a) General.
    44  In addition to the taxes imposed by sections  eleven  hundred  five  and
    45  eleven  hundred  ten of this article, there are hereby imposed and there
    46  shall be paid additional taxes:  (1) at the rate of three percent, which
    47  shall be identical to the sales and compensating use  taxes  imposed  on
    48  protective  and detective services by paragraph eight of subdivision (c)
    49  of section eleven hundred five and by clause (C) of subdivision  (a)  of
    50  section  eleven hundred ten of this article; and (2) at the rate of four
    51  percent, which shall be identical to the sales tax imposed on  admission
    52  charges  by  paragraph  one of subdivision (f) of section eleven hundred
    53  five of this article. Such sections and the other sections of this arti-
    54  cle, including the definition and exemption provisions, shall apply  for
        S. 6060                            26                            A. 9560
 
     1  purposes  of  the  taxes  imposed by this section in the same manner and
     2  with the same force and effect as if the language of those sections  had
     3  been  incorporated  in full into this section and had expressly referred
     4  to the taxes imposed by this section.
     5    (b)  Transitional provisions. The transitional provisions contained in
     6  subdivisions (a) and (d) of section eleven hundred six of  this  article
     7  shall apply to the taxes imposed by this section, except that all refer-
     8  ences in such subdivisions (a) and (d) to August first, nineteen hundred
     9  sixty-five,  shall  be  read as referring to the date this section takes
    10  effect and all references in such subdivision (a) to April first,  nine-
    11  teen hundred sixty-five, shall be read as referring to the date which is
    12  four months prior to the date this section takes effect.
    13    (c)  Deposit  and  disposition of revenue. (1) The taxes, interest and
    14  penalties imposed by this section  and  received  by  the  commissioner,
    15  after  deducting the amount which the commissioner shall determine to be
    16  necessary for reasonable costs of  the  commissioner  in  administering,
    17  collecting  and  distributing  such taxes, shall be deposited daily with
    18  such responsible banks, banking houses or trust  companies,  as  may  be
    19  designated by the comptroller, to the credit of the comptroller. Such an
    20  account  may  be  established  in one or more of such depositories. Such
    21  deposits shall be kept separate and apart from all other  money  in  the
    22  possession  of  the  comptroller. The comptroller shall require adequate
    23  security from all such depositories. Of the total revenue  collected  or
    24  received  under this section, the comptroller shall retain in his or her
    25  hands such amount as the commissioner may determine to be necessary  for
    26  refunds under this section.
    27    (2)  On  or before the twelfth day of each month, after reserving such
    28  amount for such refunds and such costs, the commissioner  shall  certify
    29  to  the  comptroller  the  amount of all revenues so received during the
    30  prior month as a result of the taxes, interest and penalties so  imposed
    31  and,  in  addition,  on or before the last day of June, the commissioner
    32  shall certify the amount of such revenues received during and  including
    33  the  first twenty-five days of June. The amount of revenues so certified
    34  shall be deposited by the comptroller into the public safety and securi-
    35  ty account established by section ninety-seven-qq of the  state  finance
    36  law.
    37    §  2.  Section  1148  of the tax law, as amended by chapter 170 of the
    38  laws of 1994, is amended to read as follows:
    39    § 1148. Deposit and disposition of revenue. All  taxes,  interest  and
    40  penalties  collected  or received by the commissioner under this article
    41  shall be deposited and disposed of pursuant to the provisions of section
    42  one hundred seventy-one-a of this chapter; provided however,  the  comp-
    43  troller  shall  on or before the twelfth day of each month, pay all such
    44  taxes, interest and penalties collected under this article and remaining
    45  to the comptroller's credit in  such  banks,  banking  houses  or  trust
    46  companies  at  the  close  of  business on the last day of the preceding
    47  month, into the general fund of the state treasury, except as  otherwise
    48  provided in sections ninety-two-d[,] and ninety-two-r [and ninety-two-t]
    49  of  the  state finance law and sections eleven hundred two [and], eleven
    50  hundred five-D and eleven hundred nine of this article.
    51    § 3. Section 97-qq of the state finance law, as added by section 37 of
    52  part E of chapter 58 of the laws of 1998, is amended to read as follows:
    53    § 97-qq. [New York state wireless telephone emergency service]  Public
    54  safety  and  security  account.    1. There is hereby established in the
    55  custody of the state comptroller a special revenue fund to be  known  as
        S. 6060                            27                            A. 9560
 
     1  the "[New York state wireless telephone emergency service] public safety
     2  and security account".
     3    2.  The  [New  York state wireless telephone emergency service] public
     4  safety and security account shall consist of  all  monies  deposited  in
     5  this  account  pursuant  to a subsequent chapter of the laws of nineteen
     6  hundred ninety-eight, all  monies  appropriated  for  its  purpose,  all
     7  monies  transferred  to  such  account  pursuant  to law, and all monies
     8  deposited pursuant to any other law to be paid into or credited  to  the
     9  account, including all monies received by the account or donated to it.
    10    §  4.  Subdivision  3 of section  309 of the county law, as amended by
    11  section 3 of part DD of chapter 85 of the laws of 2002,  is  amended  to
    12  read as follows:
    13    3. Notwithstanding any provision of law to the contrary, all surcharge
    14  monies  collected  and  received  by  the  commissioner  of taxation and
    15  finance pursuant to this section shall be deposited daily to the  credit
    16  of  the comptroller with such responsible banks, banking houses or trust
    17  companies as may be designated by the comptroller. Such  deposits  shall
    18  be  kept  separate  and apart from all other monies in the possession of
    19  the comptroller. The comptroller shall require  adequate  security  from
    20  all such depositories. The comptroller shall, on or before the tenth day
    21  of  each  month,  pay  all surcharge monies collected and received under
    22  this section and remaining to the comptroller's credit as  follows:  (a)
    23  forty-one  and seven-tenths of the revenues collected and received under
    24  this section into the state general fund; and (b)  after  deducting  the
    25  amount  paid  under  paragraph  (a)  of  this subdivision and the amount
    26  retained by wireless communications suppliers pursuant to paragraph  (c)
    27  of  subdivision  two  of  this  section,  the  balance  of  the revenues
    28  collected under this section into the [statewide] public safety  [commu-
    29  nications]  and  security  account  of the miscellaneous special revenue
    30  fund, created pursuant to section ninety-seven-qq of the  state  finance
    31  law.
    32    §  5.  Subdivision  15  of  section 325 of the county law, as added by
    33  section 1 of part G of chapter 81 of the laws of  2002,  is  amended  to
    34  read as follows:
    35    15.  "Fund"  shall mean the [statewide] public safety [communications]
    36  and security account established pursuant to section ninety-seven-qq  of
    37  the state finance law.
    38    §  6.  This act shall take effect immediately; provided, however, that
    39  sections one and two of this act shall take effect on the first  day  of
    40  the  sales  tax  quarterly  period,  as  described in subdivision (b) of
    41  section 1136 of the tax law, next commencing on or  after  the  sixtieth
    42  day  after  it shall have become a law and shall apply on and after that
    43  date in  accordance  with  the  applicable  transitional  provisions  of
    44  section 1106 of the tax law.
 
    45                                   PART K
 
    46    Section  1.  The alcoholic beverage control law is amended by adding a
    47  new section 79-c to read as follows:
    48    § 79-c. Out-of-state-winery direct  shipper's  license.  1.    Persons
    49  eligible. A person located in and licensed by another state to operate a
    50  winery  is  eligible  to  apply for an annual out-of-state-winery direct
    51  shipper's license which will permit such out-of-state-winery to ship  no
    52  more  than  two  cases  (no  more  than  nine  liters each case) of wine
    53  produced by such winery per month to any New York state resident who  is
    54  at  least  twenty-one years of age, for such resident's personal use and
        S. 6060                            28                            A. 9560
 
     1  not for resale, provided that the state in which such  out-of-state-win-
     2  ery  is  located affords to New York state winery and farm winery licen-
     3  sees an equal reciprocal shipping privilege.
     4    2.  License  required. Before sending any shipment to a New York resi-
     5  dent, an eligible out-of-state-winery must first receive New York  state
     6  liquor  authority  approval of an application for an out-of-state-winery
     7  direct shipper's license. Such application shall set forth such informa-
     8  tion as may be required by the New York state liquor authority,  and  be
     9  accompanied by a fee of one hundred twenty-five dollars.
    10    3.  Licensee's  responsibilities. The holder of an out-of-state-winery
    11  direct shipper's license shall:
    12    (a) ship no more than two cases (no more than nine liters  each  case)
    13  per month of wine produced by such license holder directly to a New York
    14  state  resident  who is at least twenty-one years of age, for such resi-
    15  dent's personal use and not for resale.
    16    (b) ensure that the outside of each shipping container  used  to  ship
    17  wine  directly  to a New York resident is conspicuously labeled with the
    18  words: "CONTAINS WINE - SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR
    19  DELIVERY", or with other language specifically approved by the New  York
    20  state liquor authority;
    21    (c)  report to the authority annually the total amount of wine shipped
    22  into the state the preceding calendar year;
    23    (d) require common carriers to obtain the signature of a  person  over
    24  twenty-one  years  of  age  at  the  delivery  address  on  a form to be
    25  prescribed by the authority. One copy of the form shall be maintained by
    26  the out-of-state-winery for a period of three years.   One copy  of  the
    27  form  shall  be forwarded to the authority within forty-five days of the
    28  date of delivery;
    29    (e) file returns with and pay to the  New  York  state  department  of
    30  taxation  and  finance  all state and local sales taxes and excise taxes
    31  due  on  sales  into  this  state  in  accordance  with  the  applicable
    32  provisions  of  the  tax  law relating to such taxes, the amount of such
    33  taxes to be determined on the basis that each sale in this state was  at
    34  the location where delivery is made;
    35    (f)  keep  records  for  three  years  and permit the authority or the
    36  department of taxation and finance to perform  an  audit  of  such  out-
    37  of-state-winery upon request;
    38    (g)  execute  a written consent to the jurisdiction of this state, its
    39  agencies and instrumentalities and the courts of this  state  concerning
    40  enforcement of this section and any related laws, rules, or regulations,
    41  including tax laws, rules or regulations;
    42    (h)  obtain  a  statement  in a form to be prescribed by the authority
    43  wherein the New York state resident who  purchases  the  wine  certifies
    44  that  he  has not exceeded, and that with this purchase will not exceed,
    45  the limitations on quantity of wine that may be shipped to any New  York
    46  resident at least twenty-one years of age;
    47    (i)  prior  to  obtaining  an  out-of-state-winery's  direct shipper's
    48  license, obtain a certificate of authority pursuant  to  section  eleven
    49  hundred  thirty-four  of the tax law and a registration as a distributor
    50  pursuant to sections four hundred twenty-one and four hundred twenty-two
    51  of the tax law; and
    52    (j) collect, maintain, and annually report information required by the
    53  New York state liquor authority, in such manner and form as the authori-
    54  ty may direct, which information shall include,  with  respect  to  each
    55  direct shipment into New York:
    56    (1) the name and date of birth of the purchaser;
        S. 6060                            29                            A. 9560
 
     1    (2) the full mailing address of the purchaser, including zip code;
     2    (3) the name, total quantity, and total price of wine purchased;
     3    (4) the date purchased;
     4    (5)  the  name  and  address  of the person carrying the wine into New
     5  York, and, if the person is other than the holder of  the  out-of-state-
     6  winery  direct  shipper's  license, the New York state license or permit
     7  number of the person carrying the wine into New York; and
     8    (6) the signature of the person filing the report.
     9    4. Situs. Delivery of a shipment in this state by  the  holder  of  an
    10  out-of-state-winery  direct shipper's license shall be deemed to consti-
    11  tute a sale in this state at the place of delivery and shall be  subject
    12  to  all excise taxes levied pursuant to section four hundred twenty-four
    13  of the tax law and all sales taxes levied pursuant to  articles  twenty-
    14  eight and twenty-nine of such law.
    15    5.  Renewal.  The  out-of-state-winery  may  annually renew its direct
    16  shipper's license with the authority by paying a one hundred twenty-five
    17  dollar renewal fee, providing the authority, with a  true  copy  of  its
    18  current  license  to  manufacture  wine  issued in another state, and by
    19  complying with such other  procedures  as  prescribed  by  rule  of  the
    20  authority.
    21    6. Rules and regulations. The authority and the department of taxation
    22  and  finance  may  promulgate  rules  and  regulations to effectuate the
    23  purposes of this section.
    24    7. Violations. Any violation  of  this  section  shall  be  the  joint
    25  responsibility  of  the  licensee  and the common carrier delivering the
    26  wine.
    27    8. Enforcement. The authority may enforce  the  requirements  of  this
    28  section,  including  the  requirements imposed on the common carrier, by
    29  administrative proceedings to suspend, cancel or revoke an out-of-state-
    30  winery direct shipper's license, and the authority may accept payment of
    31  an administrative fine or bond forfeiture in addition to or in  lieu  of
    32  suspension, cancellation or revocation.
    33    §  2.  Paragraphs  (c)  and (d) of subdivision 1 of section 102 of the
    34  alcoholic beverage control law, as amended by chapter 242 of the laws of
    35  1970, are amended to read as follows:
    36    (c) [No] Except as provided in section seventy-nine-c of this chapter,
    37  no alcoholic beverages shall be shipped into the state unless  the  same
    38  shall  be  consigned  to  a person duly licensed hereunder to traffic in
    39  alcoholic beverages. This prohibition shall apply to  all  shipments  of
    40  alcoholic  beverages  into  New  York  state and includes importation or
    41  distribution for commercial purposes, for personal  use,  or  otherwise,
    42  and  irrespective  of  whether  such  alcoholic beverages were purchased
    43  within or without the state, provided, however, this  prohibition  shall
    44  not  apply  to  any  shipment  consigned  to a New York resident who has
    45  personally purchased alcoholic beverages  for  his  personal  use  while
    46  outside  the  United  States for a minimum period of forty-eight consec-
    47  utive hours and  which  he  has  shipped  as  consignor  to  himself  as
    48  consignee.  Purchases  made  outside  the United States by persons other
    49  than the purchaser himself, regardless whether made as his agent, or  by
    50  his  authorization  or  on  his  behalf,  are  deemed  not  to have been
    51  personally purchased within the meaning of this paragraph.
    52    (d) [No] Except as provided in section seventy-nine-c of this chapter,
    53  no common carrier or other person shall bring or carry  into  the  state
    54  any  alcoholic beverages, unless the same shall be consigned to a person
    55  duly licensed hereunder to traffic  in  alcoholic  beverages,  provided,
    56  however, that alcoholic beverages may be delivered by a trucking permit-
        S. 6060                            30                            A. 9560
 
     1  tee from a steamship or railroad station or terminal to a New York resi-
     2  dent  who  has personally purchased alcoholic beverages for his personal
     3  use while outside the United States for a minimum period of  forty-eight
     4  consecutive  hours,  and which he has shipped as consignor to himself as
     5  consignee, and except as so stated, no trucking permittee  shall  accept
     6  for  delivery, deliver or transport from a steamship or railroad station
     7  or terminal any shipment of alcoholic beverages consigned to  a  non-li-
     8  censed  person  having his home or business in New York state. Purchases
     9  of alcoholic beverages made outside the United States by  persons  other
    10  than  the purchaser himself, regardless whether made as his agent, or by
    11  his authorization or  on  his  behalf,  are  deemed  not  to  have  been
    12  personally purchased within the meaning of this paragraph.
    13    §  3.  Subdivision  3  of section 17 of the alcoholic beverage control
    14  law, as separately amended by section 1 of part  L  of  chapter  62  and
    15  chapter 522 of the laws of 2003, is amended to read as follows:
    16    3. To revoke, cancel or suspend for cause any license or permit issued
    17  under  this  chapter  and/or to impose a civil penalty for cause against
    18  any holder of a license or permit issued pursuant to this  chapter.  Any
    19  civil  penalty  so  imposed  shall  not  exceed  the sum of ten thousand
    20  dollars as against the holder of any retail permit  issued  pursuant  to
    21  sections  ninety-five,  ninety-seven,  ninety-eight,  ninety-nine-d  and
    22  paragraph f of subdivision one of section ninety-nine-b of this  chapter
    23  and  as  against  the  holder  of  any retail license issued pursuant to
    24  sections fifty-two, fifty-three-a, fifty-four, fifty-four-a, fifty-five,
    25  fifty-five-a,  sixty-three,  sixty-four,   sixty-four-a,   sixty-four-b,
    26  sixty-four-c,  seventy-nine, seventy-nine-c, eighty-one and eighty-one-a
    27  of this chapter, and the sum of thirty thousand dollars as  against  the
    28  holder  of  a  license issued pursuant to sections fifty-three, seventy-
    29  six, seventy-six-a, seventy-six-f, and seventy-eight  of  this  chapter,
    30  provided  that  the  civil  penalty  against  the  holder of a wholesale
    31  license issued pursuant to section fifty-three of this chapter shall not
    32  exceed the sum of ten thousand  dollars  where  that  licensee  violates
    33  provisions  of  this  chapter  during  the course of the sale of beer at
    34  retail to a person for consumption at home, and the sum of  one  hundred
    35  thousand dollars as against the holder of any license issued pursuant to
    36  sections  fifty-one,  sixty-one and sixty-two of this chapter. Any civil
    37  penalty so imposed shall be in addition to and separate and  apart  from
    38  the  terms  and  provisions of the bond required pursuant to section one
    39  hundred twelve of this chapter. Provided that no appeal  is  pending  on
    40  the  imposition  of  such civil penalty, in the event such civil penalty
    41  imposed by the division remains unpaid, in whole or in part,  more  than
    42  forty-five  days after written demand for payment has been sent by first
    43  class mail to the address of the licensed premises, a notice of  impend-
    44  ing  default  judgment shall be sent by first class mail to the licensed
    45  premises and by first class mail to the last known home address  of  the
    46  person  who  signed  the  most recent license application. The notice of
    47  impending default judgment shall advise the licensee: (a) that  a  civil
    48  penalty  was  imposed  on  the  licensee;  (b)  the date the penalty was
    49  imposed; (c) the amount of the civil penalty;  (d)  the  amount  of  the
    50  civil  penalty that remains unpaid as of the date of the notice; (e) the
    51  violations for which the civil penalty was imposed; and (f) that a judg-
    52  ment by default will be entered in the supreme court of  the  county  in
    53  which  the licensed premises are located, or other court of civil juris-
    54  diction or any other place provided for the  entry  of  civil  judgments
    55  within  the  state of New York unless the division receives full payment
    56  of all civil penalties due within twenty days of the date of the  notice
        S. 6060                            31                            A. 9560
 
     1  of  impending  default  judgment.  If  full  payment shall not have been
     2  received by the division within thirty days of mailing of the notice  of
     3  impending  default  judgment,  the  division shall proceed to enter with
     4  such  court a statement of the default judgment containing the amount of
     5  the penalty or penalties remaining due and unpaid, along with  proof  of
     6  mailing  of the notice of impending default judgment. The filing of such
     7  judgment shall have the full force and effect of a default judgment duly
     8  docketed with such court pursuant to the civil practice  law  and  rules
     9  and  shall  in  all  respects  be  governed  by  that chapter and may be
    10  enforced in the same manner and with the same effect as that provided by
    11  law in respect to execution issued against property upon judgments of  a
    12  court  of  record. A judgment entered pursuant to this subdivision shall
    13  remain in full force and effect  for  eight  years  notwithstanding  any
    14  other provision of law.
    15    §  4.  This  act  shall take effect on the sixtieth day after it shall
    16  have become a law; provided, however, that the amendments to subdivision
    17  3 of section 17 of the alcoholic beverage control law  made  by  section
    18  three  of  this  act  shall take effect on the same date and in the same
    19  manner as section 4 of chapter 522 of the  laws  of  2003,  as  amended,
    20  takes  effect;  and  provided,  further, that effective immediately, the
    21  addition, amendment and/or repeal of any rule  or  regulation  necessary
    22  for  the  implementation  of  this  act on its effective date are hereby
    23  authorized and directed to be made  and  completed  on  or  before  such
    24  effective date.
 
    25                                   PART L
 
    26    Section  1.  The  tax  law is amended by adding a new section 173-a to
    27  read as follows:
    28    § 173-a. Hearing rights upon notice and demand. 1.  Applicability  and
    29  construction.  (a) Applicability.   Except as otherwise provided in this
    30  section, this section shall apply with  respect  to  any  tax  which  is
    31  administered  by  the commissioner and which is imposed by or authorized
    32  to be imposed pursuant to this  chapter  or  any  other  law.  Unless  a
    33  different meaning is clearly required, any reference to "tax" or "taxes"
    34  in  this  section  shall be deemed also to refer to special assessments,
    35  fees, interest, additions to tax, penalties or other  impositions  which
    36  are administered by the commissioner.
    37    (b)  Exceptions  to applicability. This section shall not apply to any
    38  tax which is administered by the commissioner and which is imposed by or
    39  authorized to be imposed pursuant to:
    40    (i) Article ten of this chapter (taxable transfers - residents).
    41    (ii) Article eleven of this chapter (tax on mortgages).
    42    (iii) Article twelve of this chapter (tax on transfers  of  stock  and
    43  other corporate certificates).
    44    (c)  Construction.  The provisions of this section shall supplement or
    45  be in addition to the procedures  relating  to  collection  or  adminis-
    46  tration provided with respect to any tax covered by this section.  Where
    47  a provision of this section is inconsistent with any such provision with
    48  respect to such tax, the provisions of this section shall apply.
    49    2.  Corporate and personal income taxes. With respect to any tax which
    50  incorporates or otherwise utilizes the procedures set forth in  part  VI
    51  of   article   twenty-two  or  article  twenty-seven  of  this  chapter,
    52  provisions of law which authorize the issuance of a  notice  and  demand
    53  for  an  amount  without the issuance of a notice of deficiency for such
    54  amount, including any interest, additions to tax  or  penalties  related
        S. 6060                            32                            A. 9560
 
     1  thereto,  in  cases of mathematical or clerical errors or failure to pay
     2  tax shown on a return, or authorize the issuance of a  notice  of  addi-
     3  tional  tax  due,  including any interest, additions to tax or penalties
     4  related  thereto, shall be construed as specifically denying and modify-
     5  ing the right to a hearing with respect to any such notice and demand or
     6  notice of additional tax due for purposes of subdivision four of section
     7  two thousand six of this chapter. Any such notice and demand  or  notice
     8  of  additional  tax due shall not be construed as a notice which gives a
     9  person the right to a hearing under article forty of this chapter.
    10    3. Sales and compensating use and miscellaneous taxes. With respect to
    11  any tax to which this section applies and which is not covered by subdi-
    12  vision two of this section:
    13    (a) Final determination. The amount of tax which a  return  or  report
    14  shows  to  be due, the amount of tax which a return or report would have
    15  shown to be due but for a mathematical  or  clerical  error  (including,
    16  with  respect  to a tax payable by the purchase of stamps, the amount of
    17  stamps purchased) or the amount of penalty  and  any  interest  due  for
    18  failing  to file a return or report or to pay or pay over any tax (or to
    19  pay for any stamps  purchased)  to  the  commissioner  within  the  time
    20  required  by  or  pursuant  to  any such tax (but not including any such
    21  penalty or interest attributable to any amount of tax  with  respect  to
    22  which  a  notice  of  determination  is  required to be issued) shall be
    23  deemed to be finally determined to be due not later than on the date  of
    24  the  filing  of  such  return or report (including any amended return or
    25  report showing an increase of tax or in the  case  of  the  purchase  of
    26  stamps,  such date of purchase). Such amount of tax, penalty or interest
    27  shall be paid upon notice and demand and shall  be  assessed,  collected
    28  and paid in the manner provided for in each of the several taxes covered
    29  under  this  subdivision and such notice and demand shall not be consid-
    30  ered as a notice of determination for  purposes  of  the  taxes  covered
    31  under  this  subdivision.   If a notice of determination has been mailed
    32  with respect to a tax covered under this subdivision, the amount of  the
    33  determination shall be deemed to be finally and irrevocably fixed on the
    34  date  specified  in  any  such tax if no petition to the division of tax
    35  appeals is filed, or, if a petition is filed, then upon the date when  a
    36  determination or decision rendered in the division of tax appeals estab-
    37  lishing the amount of the notice of determination becomes final pursuant
    38  to article forty of this chapter.
    39    (b)  Notice and demand. (1) The commissioner shall, as soon as practi-
    40  cable, give notice to each person liable for any amount of tax, addition
    41  to tax, penalty or interest, which has been finally determined to be due
    42  or which has been finally and irrevocably fixed, as the case may be, but
    43  remains unpaid, stating the amount and demanding payment  thereof.  Such
    44  notice  shall be left at the dwelling or usual place of business of such
    45  person or shall be sent by mail to such  person's  last  known  address.
    46  Except  where the commissioner determines that collection would be jeop-
    47  ardized by delay and the applicable tax contains provisions  authorizing
    48  a  jeopardy  procedure, if any tax is finally determined to be due or is
    49  finally and irrevocably fixed prior to the last date (including any date
    50  fixed by extension) prescribed for payment of such tax, payment of  such
    51  tax  shall  not  be  demanded until after such date. If the commissioner
    52  finds that the determination, assessment or collection of tax,  addition
    53  to  tax,  penalty  or  interest  is  in  jeopardy and the applicable tax
    54  contains provisions  authorizing  procedures  regarding  early  determi-
    55  nation,  the  commissioner  may immediately determine the amount of such
    56  tax, addition to tax, penalty or interest (whether before or  after  the
        S. 6060                            33                            A. 9560
 
     1  due  date of any return or report required to show such tax, addition to
     2  tax, penalty or interest) and assess the same and give notice and demand
     3  for the payment thereof.
     4    (2)  If  notice  and  demand  is  made for payment of any amount under
     5  subparagraph one of this paragraph, and if such amount  is  paid  within
     6  twenty-one calendar days (ten business days if the amount for which such
     7  notice  and  demand  is  made  equals  or  exceeds  one hundred thousand
     8  dollars) after the date of such notice and demand,  interest  under  the
     9  applicable tax on the amount so paid shall not be imposed for the period
    10  after the date of such notice and demand.
    11    (c)  Hearing  rights  upon  notice and demand. Provisions of law which
    12  authorize the issuance of a notice and demand for an amount without  the
    13  issuance  of  a  notice  of determination for such amount, including any
    14  interest or penalties related thereto, shall  be  construed  as  specif-
    15  ically  denying and modifying the right to a hearing with respect to any
    16  such notice and demand for purposes of subdivision four of  section  two
    17  thousand six of this chapter in cases of mathematical or clerical errors
    18  or  failure  to  pay  the  tax due shown on the return or for any stamps
    19  purchased, and any interest  or  penalties  related  thereto.  Any  such
    20  notice  and  demand  shall  not  be  construed as a notice which gives a
    21  person the right to a hearing under article forty of this chapter.
    22    § 2. Subsection (d) of section 681 of the tax law, as amended by chap-
    23  ter 1011 of the laws of 1962, is amended to read as follows:
    24    (d) Exceptions for mathematical or clerical errors.--If a mathematical
    25  or clerical error appears on a return (including an overstatement of the
    26  credit for income tax withheld at the source, or of the amount  paid  as
    27  estimated  income  tax),  the [tax commission] commissioner shall notify
    28  the taxpayer that an amount of tax in excess  of  that  shown  upon  the
    29  return is due, and that such excess has been assessed. Such notice shall
    30  not  be  considered  as  a notice of deficiency for the purposes of this
    31  section, subsection (f) of section six  hundred  eighty-seven  (limiting
    32  credits  or  refunds  after petition to the [tax commission] division of
    33  tax appeals), [or] subsection (b) of  section  six  hundred  eighty-nine
    34  (authorizing the filing of a petition with the [tax commission] division
    35  of  tax  appeals  based  on a notice of deficiency), or article forty of
    36  this chapter, nor shall such assessment or collection be  prohibited  by
    37  the provisions of subsection (c).
    38    § 3. Subsection (a) of section 682 of the tax law, as amended by chap-
    39  ter 690 of the laws of 1964, is amended to read as follows:
    40    (a)  Assessment  date.--The  amount  of tax which a return shows to be
    41  due, or the amount of tax which a return would have shown to be due  but
    42  for  a mathematical or clerical error, shall be deemed to be assessed on
    43  the date of filing of the return (including any amended  return  showing
    44  an  increase  of  tax).  In  the case of a return properly filed without
    45  computation of tax, the tax computed by the [tax commission] commission-
    46  er shall be deemed to be assessed on the date on which payment  is  due.
    47  If  a notice of deficiency has been mailed, the amount of the deficiency
    48  shall be deemed to be assessed on the date specified in  subsection  (b)
    49  of section six hundred eighty-one if no petition to the [tax commission]
    50  division  of  tax appeals is filed, or if a petition is filed, then upon
    51  the date when a determination or decision  [of]  rendered  in  the  [tax
    52  commission] division of tax appeals establishing the amount of the defi-
    53  ciency  becomes  final. If an amended return or report filed pursuant to
    54  section six hundred fifty-nine concedes the accuracy of a federal change
    55  or correction, any deficiency in tax under this article resulting there-
    56  from shall be deemed to be assessed on the date of filing such report or
        S. 6060                            34                            A. 9560
 
     1  amended return, and such  assessment  shall  be  timely  notwithstanding
     2  section  six hundred eighty-three. If a notice of additional tax due, as
     3  prescribed in subsection (e) of section six hundred eighty-one, has been
     4  mailed,  the  amount of the deficiency shall be deemed to be assessed on
     5  the date specified in such subsection unless within  thirty  days  after
     6  the  mailing of such notice a report of the federal change or correction
     7  or an amended return, where such return  was  required  by  section  six
     8  hundred  fifty-nine, is filed accompanied by a statement showing wherein
     9  such federal determination and such notice of  additional  tax  due  are
    10  erroneous.  Any  amount paid as a tax or in respect of a tax, other than
    11  amounts withheld at the source or paid as estimated income tax, shall be
    12  deemed to be assessed upon the date of receipt of payment, notwithstand-
    13  ing any other provisions.
    14    § 4. Subsection (c) of section 684 of the tax law, as added by chapter
    15  1011 of the laws of 1962, is amended to read as follows:
    16    (c) Exception for mathematical or clerical error.--No  interest  shall
    17  be  imposed  on  any  underpayment  of tax due solely to mathematical or
    18  clerical error if the taxpayer files a return within the time prescribed
    19  in this article (including any extension of time) and pays the amount of
    20  underpayment within three months after the due date of such  return,  as
    21  it may be extended.
    22    §  5. Subsection (d) of section 1081 of the tax law, as added by chap-
    23  ter 188 of the laws of 1964, is amended to read as follows:
    24    (d) Exceptions for mathematical or clerical errors.---If  a  mathemat-
    25  ical  or  clerical error appears on a return (including an overstatement
    26  of the amount paid as estimated tax), the [tax commission]  commissioner
    27  shall  notify the taxpayer that an amount of tax in excess of that shown
    28  upon the return is due, and that such excess  has  been  assessed.  Such
    29  notice  shall  not  be  considered  as  a  notice  of deficiency for the
    30  purposes of this section, subsection (f) of section one thousand  eight-
    31  y-seven  (limiting credits or refunds after petition to the [tax commis-
    32  sion] division of tax appeals), [or] subsection (b) of section one thou-
    33  sand eighty-nine (authorizing the filing of a  petition  with  the  [tax
    34  commission] division of tax appeals based on a notice of deficiency), or
    35  article  forty  of this chapter, nor shall such assessment or collection
    36  be prohibited by the provisions of subsection (c).
    37    § 6. Paragraph 1 of subsection (a) of section 1082 of the tax law,  as
    38  amended  by  chapter  788  of  the  laws  of 1982, is amended to read as
    39  follows:
    40    (1) The amount of tax which a return shows to be due, or the amount of
    41  tax which a return would have shown to be due but for a mathematical  or
    42  clerical  error, shall be deemed to be assessed on the date of filing of
    43  the return (including any amended return showing an increase of tax). If
    44  a notice of deficiency has been mailed, the  amount  of  the  deficiency
    45  shall  be  deemed to be assessed on the date specified in subsection (b)
    46  of section one thousand eighty-one if no petition to  the  [tax  commis-
    47  sion]  division of tax appeals is filed, or if a petition is filed, then
    48  upon the date when a determination or decision [of] rendered in the [tax
    49  commission] division of tax appeals establishing the amount of the defi-
    50  ciency becomes final.
    51    § 7. Subsection (c) of section 1084 of the tax law, as added by  chap-
    52  ter 188 of the laws of 1964, is amended to read as follows:
    53    (c) Exception for mathematical or clerical error.--- No interest shall
    54  be  imposed  on  any  underpayment  of tax due solely to mathematical or
    55  clerical error if the taxpayer files a return within the time prescribed
    56  in article nine[, nine-a, nine-b or nine-c]  or  nine-A  (including  any
        S. 6060                            35                            A. 9560
 
     1  extension  of  time)  and  pays  the amount of underpayment within three
     2  months after the due date of such return, as it may be extended.
     3    §  8. This act shall take effect immediately and shall apply to notice
     4  and demands and notices of additional tax due issued on or after  Decem-
     5  ber 1, 2004.
 
     6                                   PART M
 
     7    Section  1.  The tax law is amended by adding a new section 30 to read
     8  as follows:
     9    § 30. Corporation tax benefit transfer program.  (a) Definitions.  For
    10  purposes  of  this section, the following terms shall have the following
    11  meanings:
    12    (1) The term "eligible biotechnology company"  means  a  biotechnology
    13  company subject to tax under article nine-A of this chapter which in the
    14  year  that  it  seeks approval to transfer tax benefits (i) is headquar-
    15  tered or has its principal base of operations located in New York state;
    16  and (ii) has less than  two  hundred  twenty-five  employees,  at  least
    17  seventy-five  percent  of whom are employed in New York state; and (iii)
    18  has not been a party to a liquidation of a corporation to which  section
    19  332  of  the  internal revenue code applies or to a reorganization under
    20  subparagraph A, C, D, F or G of  paragraph  (1)  of  subsection  (a)  of
    21  section 368 of the internal revenue code.
    22    (2) The term "biotechnology company" means a company which is primari-
    23  ly engaged in the business of applying technologies, such as recombinant
    24  DNA  techniques,  biochemistry, molecular and cellular biology, genetics
    25  and genetic engineering, biological  cell  fusion  techniques,  and  new
    26  bioprocesses,  using living organisms, or parts of organisms, to produce
    27  or modify products, to improve plants or animals, to develop microorgan-
    28  isms for specific uses, to identify  targets  for  small  pharmaceutical
    29  development,  or  to  transform biological systems into useful processes
    30  and products or to develop microorganisms for specific uses.
    31    (3) The  term  "approved  biotechnology  company"  means  an  eligible
    32  biotechnology company which has received approval from the department of
    33  economic development to transfer tax benefits.
    34    (4)  The term "tax benefit" means the product of (i) the amount of the
    35  eligible  biotechnology  company's  net  operating  loss  carry  forward
    36  allowed  pursuant  to  paragraph  (f) of subdivision nine of section two
    37  hundred eight of this chapter which the eligible  biotechnology  company
    38  seeks  to  surrender  and transfer pursuant to the corporate tax benefit
    39  transfer program, (ii) the  eligible  biotechnology  company's  business
    40  allocation  percentage  for  the  taxable year immediately preceding the
    41  taxable year in which the tax benefit is transferred, and (iii) the  tax
    42  rate  set forth in the opening paragraph of paragraph (a) of subdivision
    43  one of section two hundred ten of this chapter which is  in  effect  for
    44  the taxable year in which the tax benefit is transferred.
    45    (b)  Establishment  of  corporation tax benefit transfer program.  The
    46  department of economic development shall  establish  a  corporation  tax
    47  benefit  transfer program to allow eligible biotechnology companies with
    48  unused net operating loss carry forwards to transfer those tax  benefits
    49  for  use  by other corporate franchise tax taxpayers. However, those tax
    50  benefits may not  be  transferred  to  (i)  any  entity  which  owns  or
    51  controls,  directly  or  indirectly,  five percent or more of the voting
    52  rights or five percent or more of the value of all classes of  stock  or
    53  other ownership interests in the eligible biotechnology company, or (ii)
    54  any  entity  five  percent or more of the voting rights of which or five
        S. 6060                            36                            A. 9560
 
     1  percent or more of the value of all classes of stock or other  ownership
     2  interests  of  which  is owned or controlled, directly or indirectly, by
     3  the same entity that owns or  controls,  directly  or  indirectly,  five
     4  percent  or  more  of  the  voting  rights of the eligible biotechnology
     5  company or five percent or more of the value  of  classes  of  stock  or
     6  other ownership interests of the eligible biotechnology company.
     7    (c) Review and approval of applications. (1) The department of econom-
     8  ic  development,  in  consultation with the department, shall review and
     9  approve applications by eligible biotechnology companies with unused but
    10  otherwise allowable net operating loss carry forwards for permission  to
    11  transfer  all  or  a specifically identified part of those net operating
    12  loss carry forwards to taxpayers subject to tax  under  article  nine-A,
    13  thirty-two  or  thirty-three  of  this  chapter in exchange for a sum of
    14  money to be paid by the recipient taxpayer  equal  to  at  least  ninety
    15  percent of the tax benefit being transferred.
    16    (2)  Applications  for  approval  to  transfer  tax  benefits shall be
    17  submitted by eligible  biotechnology  companies  to  the  department  of
    18  economic development by May first of each year.
    19    (3) The commissioner of economic development shall adopt rules setting
    20  forth  the  criteria  to be used to review and approve or disapprove the
    21  applications by eligible biotechnology companies to transfer  tax  bene-
    22  fits. Such criteria shall include, but not be limited to, the following:
    23  an  evaluation  of the eligible biotechnology company's actual or poten-
    24  tial scientific and technological viability; a  determination  that  the
    25  eligible  biotechnology  company's  principal  products  or services are
    26  sufficiently innovative to provide a competitive advantage;  a  determi-
    27  nation  that  the  proceeds  from  the transfer of the tax benefits will
    28  result in significant growth in permanent, full-time employment  in  the
    29  state;  a determination that the eligible biotechnology company does not
    30  have sufficient resources to operate in the short term or cannot  secure
    31  financial assistance from venture capital, stock issuance, product sales
    32  revenue,  a  parent corporation or other affiliated corporation, bank or
    33  any other method of obtaining capital;  and  a  determination  that  the
    34  financial  assistance  provided  by  the transfer of tax benefits demon-
    35  strates the prospect of a significant positive change  in  the  eligible
    36  biotechnology company's net income. In such rule, the commissioner shall
    37  establish the weight to be given to each criteria.
    38    (4)  No  application  by an eligible biotechnology company to transfer
    39  tax benefits shall be approved if the eligible biotechnology company (i)
    40  has demonstrated positive net income in any of  the  two  previous  full
    41  years  of  ongoing operations as determined on its financial statements;
    42  (ii) has demonstrated a ratio in excess of one hundred  ten  percent  or
    43  greater  of  operating  revenues divided by operating expenses in any of
    44  the two previous full years of ongoing operations as determined  on  its
    45  financial  statements;  or  (iii)  is  at  least  fifty percent owned or
    46  controlled, directly or indirectly,  by  another  corporation  that  has
    47  demonstrated  positive  net income in any of the two previous full years
    48  of ongoing operations, as determined  on  such  corporation's  financial
    49  statements  or  is  part  of  a  consolidated group of affiliated corpo-
    50  rations, as filed for federal income tax purposes, that in the aggregate
    51  has demonstrated positive net income in any of  the  two  previous  full
    52  years of ongoing operations as determined on the financial statements of
    53  such corporations.
    54    (5)  An  eligible biotechnology company shall supply the department of
    55  economic development with such financial statements, federal  and  state
    56  income  tax  returns,  and such other information as is needed to enable
        S. 6060                            37                            A. 9560
 
     1  such department to determine that all the  criteria  for  approval  have
     2  been  satisfied.  All  of  the  information  submitted  by  the eligible
     3  biotechnology company may be provided  by  the  department  of  economic
     4  development  to  the department in order for the department to assist in
     5  the evaluation of the eligible biotechnology company's application.
     6    (6) The department shall review the reports filed pursuant to  article
     7  nine-A of this chapter of an eligible biotechnology company to determine
     8  such  company's  proper  amount  of  tax  benefits.  Notwithstanding any
     9  provision of subdivision eight of section two  hundred  eleven  of  this
    10  chapter,  the  department  is authorized and shall be required to notify
    11  the department of economic development of such proper amount before  the
    12  department  of  economic  development  shall  approve or disapprove such
    13  company's application for approval to transfer  tax  benefits.  Further,
    14  notwithstanding  any  provision  of  subdivision  eight  of  section two
    15  hundred eleven, the department is authorized to provide  the  department
    16  of  economic development with any information included on any tax report
    17  of an eligible biotechnology company  filed  pursuant  to  this  chapter
    18  which  contains  information relevant to the review by the department of
    19  economic development of the eligible  biotechnology  company's  applica-
    20  tion.  In addition, the department of economic development is authorized
    21  to include information regarding the net operating loss deduction  carry
    22  forward  and  the  approved  biotechnology company's business allocation
    23  percentage on the corporation tax benefit approval certificate.
    24    (d) Aggregate limitation on amount of  approved  tax  benefits.    The
    25  department of economic development is authorized to approve the transfer
    26  of no more than ten million dollars in tax benefits per year for a peri-
    27  od  of  ten  years,  starting in two thousand five. If the department of
    28  economic development receives requests to transfer more than ten million
    29  dollars in any year, the department shall allocate the transfer  of  tax
    30  benefits  by eligible biotechnology companies using the method set forth
    31  in the following paragraphs.
    32    (1) An approved biotechnology company with two hundred fifty  thousand
    33  dollars  or  less  of  tax  benefits shall be authorized to transfer the
    34  entire amount of its tax benefits.
    35    (2) An approved biotechnology company with more than two hundred fifty
    36  thousand dollars of tax benefits, which has never before  been  approved
    37  to  transfer  tax benefits, shall be authorized to transfer a minimum of
    38  two hundred fifty thousand dollars.
    39    (3) An approved biotechnology company with more than two hundred fifty
    40  thousand dollars of tax benefits that was approved to transfer tax bene-
    41  fits in a prior year shall be authorized to transfer a  minimum  of  two
    42  hundred  fifty  thousand  dollars  or  fifty percent of the tax benefits
    43  transferred in prior years, whichever  is  greater,  provided  that  the
    44  amount  of  transferable  tax  benefits  authorized shall not exceed the
    45  eligible biotechnology company's tax benefits for the current year.
    46    (4) (i) If, after applying the standards set forth in paragraphs  one,
    47  two  and  three of this subdivision, the department of economic develop-
    48  ment has not exceeded the ten million  dollar  limitation  for  approved
    49  transfers  of tax benefits, the department of economic development shall
    50  allocate the remainder of the amount allowed on a pro rata  basis  among
    51  the approved biotechnology companies. Provided, however, that the amount
    52  of  transferable  tax  benefits authorized shall not exceed the approved
    53  biotechnology company's tax benefits for the current year.
    54    (ii) If, after applying the standards set forth in paragraphs one, two
    55  and three of this subdivision, the department  of  economic  development
    56  would exceed the ten million dollar limitation for approved transfers of
        S. 6060                            38                            A. 9560
 
     1  tax  benefits, the department of economic development shall allocate the
     2  amount allowed by reducing the amount determined under  paragraphs  one,
     3  two and three of this subdivision on a pro rata basis among the approved
     4  biotechnology companies.
     5    (e)  Issuance  of corporate tax benefit transfer approval certificates
     6  and submission of information to the department.  (1) The department  of
     7  economic development shall supply to each approved biotechnology company
     8  with  two  certified  copies  of  the  corporation  tax benefit approval
     9  certificate which shall state the amount of the tax benefit approved and
    10  explain the calculation of such tax benefit. One copy  of  this  certif-
    11  icate  shall  be attached to the approved biotechnology company's report
    12  required to be filed under article nine-A of this chapter for the  taxa-
    13  ble  year  in  which  the  tax  benefit is transferred. One copy of this
    14  certificate shall be provided to the taxpayer that has acquired the  tax
    15  benefit.
    16    (2) The department of economic development shall supply the department
    17  by  March first of each year with the following information with respect
    18  to the prior  calendar  year:    information  identifying  all  approved
    19  biotechnology companies, the amount of tax benefits that have been allo-
    20  cated  to each approved biotechnology company for that year, information
    21  identifying the taxpayers that have purchased tax benefits from approved
    22  biotechnology companies, and information regarding  any  approvals  that
    23  have been rescinded pursuant to subdivision (f) of this section.
    24    (f)  Transfer  of  tax  benefits.  (1)  Once an eligible biotechnology
    25  company has received its approval to transfer tax benefits, such company
    26  shall be permitted to transfer such tax benefits to a  taxpayer  subject
    27  to tax under article nine-A or thirty-two or section fifteen hundred one
    28  of  this chapter. Such transfer must take place by December thirty-first
    29  of the year in which the eligible biotechnology company has received its
    30  approval to transfer tax benefits. If the transfer does not  take  place
    31  by  such  date,  the approval to transfer tax benefits is rescinded. The
    32  approved biotechnology company shall notify the department  of  economic
    33  development  of  the  transfer within thirty days after the transfer has
    34  taken place and provide such department with the name of  the  acquiring
    35  taxpayer  and  the amount received by the approved biotechnology company
    36  from such taxpayer for the transferred tax benefit.
    37    (2) The amount received by the approved biotechnology company for  the
    38  transfer  of  the tax benefit shall be used to fund expenses incurred in
    39  connection with the operation of such company in  the  state,  including
    40  but   not  limited  to  the  expenses  of  fixed  assets,  such  as  the
    41  construction and acquisition and development of real estate,  materials,
    42  working capital, salaries, research and development expenditures and any
    43  other  expenses  determined by the department of economic development to
    44  be necessary to carry out the purposes of the  corporation  tax  benefit
    45  transfer program.
    46    (3)  The  amount  of  the  net  operating  loss  carry forward that is
    47  included in the tax benefit transferred shall be deemed  surrendered  by
    48  the  approved  biotechnology  company  and  may  not be deducted by such
    49  company in any future taxable year.
    50    (g) Acquisition of tax benefit. A taxpayer subject to tax under  arti-
    51  cle  nine-A or thirty-two or section fifteen hundred one of this chapter
    52  which has acquired a tax benefit from an approved biotechnology  company
    53  shall  be allowed a deduction, in the year such tax benefit is acquired,
    54  equal to the amount specified in paragraph (f) of subdivision  three  of
    55  section  two  hundred  ten,  subsection  (u) of section fourteen hundred
        S. 6060                            39                            A. 9560
 
     1  fifty-three or subdivision (d) of section fifteen hundred three, respec-
     2  tively, of this chapter.
     3    (h)  Refunds  precluded.  An  approved biotechnology company which has
     4  transferred tax benefits shall be precluded from seeking a refund of tax
     5  paid in any taxable year which contributed to or  was  included  in  the
     6  calculation  of the net operating loss carry forward which was the basis
     7  of the amount of tax benefit transferred.
     8    (i) Reports. The department of economic development shall be  required
     9  to  provide  a  report,  by  April first of each year, commencing in two
    10  thousand six, to the governor, the director of the division of the budg-
    11  et, the temporary president of the senate and the speaker of the  assem-
    12  bly.  Such  report  shall  include information about the corporation tax
    13  benefit transfer program.  Such report shall include  information  about
    14  the  number  of eligible biotechnology companies that applied to partic-
    15  ipate in the program, the number of  approved  biotechnology  companies,
    16  the  amount  of  tax  benefits  approved to be transferred and any other
    17  information that describes the  effectiveness  of  the  corporation  tax
    18  benefit transfer program.
    19    §  2. Paragraph (a) of subdivision 1 of section 210 of the tax law, as
    20  amended by section 1 of part A of chapter 63 of the  laws  of  2000,  is
    21  amended to read as follows:
    22    (a)  Entire  net  income base. For taxable years beginning before July
    23  first, nineteen hundred ninety-nine, the amount prescribed by this para-
    24  graph shall be computed at the rate of nine percent  of  the  taxpayer's
    25  entire  net  income base. For taxable years beginning after June thirti-
    26  eth, nineteen hundred ninety-nine and before July first,  two  thousand,
    27  the amount prescribed by this paragraph shall be computed at the rate of
    28  eight and one-half percent of the taxpayer's entire net income base. For
    29  taxable  years  beginning  after June thirtieth, two thousand and before
    30  July first, two thousand one, the amount prescribed  by  this  paragraph
    31  shall  be computed at the rate of eight percent of the taxpayer's entire
    32  net income base. For taxable years beginning after June  thirtieth,  two
    33  thousand  one, the amount prescribed by this paragraph shall be computed
    34  at the rate of seven and one-half percent of the taxpayer's  entire  net
    35  income  base.  The  taxpayer's  entire  net  income  base shall mean the
    36  portion of the taxpayer's entire net income allocated within  the  state
    37  as  hereinafter  provided, subject to any modification required by para-
    38  graphs (d) [and], (e) and (f) of  subdivision  three  of  this  section.
    39  However,  in  the case of a small business taxpayer, as defined in para-
    40  graph (f) of this subdivision, the amount prescribed by  this  paragraph
    41  shall be computed as follows:
    42    (i)  if  the entire net income base is not more than two hundred thou-
    43  sand dollars, (1) for taxable years beginning before July  first,  nine-
    44  teen  hundred  ninety-nine,  the  amount  shall  be eight percent of the
    45  entire net income base; (2) for taxable years beginning after June thir-
    46  tieth, nineteen hundred ninety-nine and before July first, two  thousand
    47  three,  the amount shall be seven and one-half percent of the entire net
    48  income base; and (3) for taxable years beginning after  June  thirtieth,
    49  two  thousand  three, the amount shall be 6.85 percent of the entire net
    50  income base;
    51    (ii) if the entire net income base is more than two  hundred  thousand
    52  dollars  but not over two hundred ninety thousand dollars, (1) for taxa-
    53  ble years beginning before July first, nineteen hundred ninety-nine, the
    54  amount shall be the sum  of  (a)  sixteen  thousand  dollars,  (b)  nine
    55  percent  of  the  excess  of the entire net income base over two hundred
    56  thousand dollars and (c) five percent of the excess of  the  entire  net
        S. 6060                            40                            A. 9560
 
     1  income  base  over  two  hundred fifty thousand dollars; (2) for taxable
     2  years beginning after June thirtieth, nineteen hundred  ninety-nine  and
     3  before  July  first,  two  thousand,  the amount shall be the sum of (a)
     4  fifteen  thousand  dollars, (b) eight and one-half percent of the excess
     5  of the entire net income base over two hundred thousand dollars and  (c)
     6  five  percent  of  the  excess  of  the  entire net income base over two
     7  hundred fifty thousand dollars; (3) for taxable  years  beginning  after
     8  June  thirtieth,  two  thousand and before July first, two thousand one,
     9  the amount shall be the sum of (a) fifteen thousand dollars,  (b)  eight
    10  percent  of  the  excess  of the entire net income base over two hundred
    11  thousand dollars and (c) two and one-half percent of the excess  of  the
    12  entire  net income base over two hundred fifty thousand dollars; (4) for
    13  taxable years beginning after  June  thirtieth,  two  thousand  one  and
    14  before  July  first,  two  thousand three, the amount shall be seven and
    15  one-half percent of the entire net income  base;  and  (5)  for  taxable
    16  years  beginning  after  June  thirtieth, two thousand three, the amount
    17  shall be the sum of (a) thirteen thousand seven hundred dollars, (b) 7.5
    18  percent of the excess of the entire net income  base  over  two  hundred
    19  thousand  dollars  and  (c) 3.25 percent of the excess of the entire net
    20  income base over two hundred fifty thousand dollars;
    21    (iii) if the taxable period to which subparagraphs  (i)  and  (ii)  of
    22  this  paragraph  apply is less than twelve months, the amount prescribed
    23  by this paragraph shall be computed as follows:
    24    (A) Multiply the entire net income base for such taxpayer by twelve;
    25    (B) Divide the result obtained in (A) by the number of months  in  the
    26  taxable year;
    27    (C) Compute an amount pursuant to subparagraphs (i) and (ii) as if the
    28  result obtained in (B) were the taxpayer's entire net income base;
    29    (D) Multiply the result obtained in (C) by the number of months in the
    30  taxpayer's taxable year;
    31    (E) Divide the result obtained in (D) by twelve.
    32    §  3. Subdivision 3 of section 210 of the tax law is amended by adding
    33  a new paragraph (f) to read as follows:
    34    (f) A taxpayer which has acquired a tax benefit, as defined in  subdi-
    35  vision  (a) of section thirty of this chapter, from an approved biotech-
    36  nology company, as defined in such subdivision (a), shall be allowed, in
    37  the year such tax benefit is acquired, a deduction from the  portion  of
    38  its  entire  net  income  allocated  with  the state. The amount of such
    39  deduction shall be equal to the product of the amount of the net operat-
    40  ing loss deduction carry forward surrendered by the approved biotechnol-
    41  ogy company and the approved biotechnology company's business allocation
    42  percentage for the taxable year immediately preceding the  taxable  year
    43  in  which  the  tax  benefit is transferred. Such deduction shall not be
    44  treated by such taxpayer as a net operating loss deduction. The taxpayer
    45  shall attach its certified copy of the corporation tax benefit  approval
    46  certificate  to  its  report required to be filed under this article for
    47  the taxable year in which the tax benefit is transferred to such taxpay-
    48  er.
    49    § 4. Section 1453 of the tax law is amended by adding a new subsection
    50  (u) to read as follows:
    51    (u) A taxpayer which has acquired a tax benefit, as defined in  subdi-
    52  vision  (a) of section thirty of this chapter, from an approved biotech-
    53  nology company, as defined in such subdivision (a), shall be allowed, in
    54  the year such tax benefit is acquired, a deduction from the  portion  of
    55  its  entire  net  income  allocated  with  the state. The amount of such
    56  deduction shall be equal to the product of the amount of the net operat-
        S. 6060                            41                            A. 9560
 
     1  ing loss deduction carry forward surrendered by the approved biotechnol-
     2  ogy company and the approved biotechnology company's business allocation
     3  percentage for the taxable year immediately preceding the  taxable  year
     4  in  which  the  tax  benefit is transferred. Such deduction shall not be
     5  treated by such taxpayer as a net operating loss deduction. The taxpayer
     6  shall attach its certified copy of the corporation tax benefit  approval
     7  certificate  to  its  return required to be filed under this article for
     8  the taxable year in which the tax benefit is transferred to such taxpay-
     9  er.
    10    § 5. Section 1503 of the tax law is amended by adding a  new  subdivi-
    11  sion (d) to read as follows:
    12    (d)  A taxpayer which has acquired a tax benefit, as defined in subdi-
    13  vision (a) of section thirty of this chapter, from an approved  biotech-
    14  nology company, as defined in such subdivision (a), shall be allowed, in
    15  the  year  such tax benefit is acquired, a deduction from the portion of
    16  its entire net income allocated with  the  state.  The  amount  of  such
    17  deduction shall be equal to the product of the amount of the net operat-
    18  ing loss deduction carry forward surrendered by the approved biotechnol-
    19  ogy company and the approved biotechnology company's business allocation
    20  percentage  for  the taxable year immediately preceding the taxable year
    21  in which the tax benefit is transferred. Such  deduction  shall  not  be
    22  treated by such taxpayer as a net operating loss deduction. The taxpayer
    23  shall  attach its certified copy of the corporation tax benefit approval
    24  certificate to its return required to be filed under  this  article  for
    25  the taxable year in which the tax benefit is transferred to such taxpay-
    26  er.
    27    § 6. This act shall take effect immediately and apply to taxable years
    28  beginning on or after January 1, 2005.
 
    29                                   PART N
 
    30    Section  1.  Paragraph  1  of subsection (a) of section 651 of the tax
    31  law, as amended by chapter 333 of the laws of 1987, is amended  to  read
    32  as follows:
    33    (1)  every  resident individual (A) [required to file a federal income
    34  tax return for the taxable year, or (B)] having federal  adjusted  gross
    35  income  for  the  taxable  year,  increased  by  the modifications under
    36  subsection (b) of section six hundred twelve, in excess of  [four  thou-
    37  sand  dollars,  or in excess of] his or her New York standard deduction,
    38  [if lower,] or [(C)] (B) subject to tax under section six  hundred  two,
    39  or [(D)] (C) having received during the taxable year a lump sum distrib-
    40  ution  any  portion of which is subject to tax under section six hundred
    41  three;
    42    § 2. This act shall take effect immediately and shall apply to taxable
    43  years beginning on or after January 1, 2004.
 
    44                                   PART O
 
    45    Section 1. The executive law is amended by adding a new section 10  to
    46  read as follows:
    47    §  10.  Parity  agreements with native American nations or tribes.  1.
    48  Notwithstanding any other law, the  state,  through  the  governor,  may
    49  execute  agreements  with any native American nation or tribe within the
    50  state to address issues of pricing and taxation with respect to the sale
    51  of cigarettes, tobacco products, automotive  fuel,  alcoholic  beverages
    52  and other tangible personal property or services, or with respect to the
        S. 6060                            42                            A. 9560
 
     1  sale  of  any  of  the foregoing, when purchased by non-native Americans
     2  from native American vendors on or from native American nation or tribal
     3  lands.
     4    2.  Any  such agreement shall contain provisions, to the extent feasi-
     5  ble, aimed at providing price or tax parity with respect to the tangible
     6  personal property or services to which the  agreement  relates,  between
     7  native American vendors and non-native American vendors.
     8    §  2.  The  tax  law  is amended by adding a new section 17 to read as
     9  follows:
    10    § 17. Native American parity agreements. (a) Notwithstanding any other
    11  law, in the event a native American nation or tribe enters into a parity
    12  agreement with the state pursuant to section ten of  the  executive  law
    13  and while such agreement is in full force and effect: (i) a native Amer-
    14  ican  vendor  may purchase cigarettes, tobacco products, automotive fuel
    15  or alcoholic beverages exempt from the covered taxes, for resale  on  or
    16  from  the  lands  of  such  nation  or tribe, provided such purchase for
    17  resale is made in accordance with such agreement, and (ii) a  wholesaler
    18  located  on  the  lands of such nation or tribe may purchase cigarettes,
    19  tobacco products, automotive fuel and alcoholic  beverages  exempt  from
    20  the  covered  taxes,  provided  such purchase is made in accordance with
    21  such agreement.
    22    (b) Notwithstanding any other law, in  the  event  a  native  American
    23  nation  or  tribe enters into a parity agreement with the state pursuant
    24  to section ten of the executive law and while such agreement is in  full
    25  force  and effect, an exemption from or credit against the covered taxes
    26  (except in the case of a purchase  of  a  motor  vehicle  or  vessel  as
    27  defined  by  section  eleven hundred seventeen of this chapter) shall be
    28  provided to the customer of a native American vendor or a native  Ameri-
    29  can  hotel operator, with respect to sales of tangible personal property
    30  or covered services made on or from the lands of such nation or tribe or
    31  to rentals of hotel occupancy on such lands, which are made  subject  to
    32  such  nation's  or  tribe's taxes or fees in accordance with such agree-
    33  ment. Such exemption or credit shall be equal to the amount of any  such
    34  nation's  or  tribe's  taxes  or fees paid or collected pursuant to such
    35  agreement. Such exemption or credit shall not apply in  the  case  of  a
    36  purchase  for  resale,  or  possession  for resale, off nation or tribal
    37  lands.
    38    (c) Notwithstanding any other law: (i) the commissioner is  authorized
    39  to  promulgate  rules and regulations and prescribe mechanisms necessary
    40  to implement the provisions of this section, including but  not  limited
    41  to,  the use of exemption certificates, credits, refunds, reimbursements
    42  and stamps; (ii) the commissioner shall also have the authority to enter
    43  into a written agreement with a  native  American  nation  or  tribe  to
    44  provide  for  the mutual exchange of information, provided however, that
    45  any such agreement shall provide that the disclosed information to  such
    46  nation  shall  be  used  only  for tax administration purposes or in the
    47  administration of such nation's or tribe's laws, ordinances, regulations
    48  or similar enactments concerning trade or commerce.
    49    (d) For purposes of this  section,  the  following  definitions  shall
    50  apply:  (1) covered taxes shall mean the taxes imposed by or pursuant to
    51  the  authority  of  articles  twelve-A,  thirteen-A  (except for the tax
    52  imposed under section three hundred one-h of  this  chapter),  eighteen,
    53  twenty,  twenty-eight  and  twenty-nine  of  this  chapter which are the
    54  subject of an agreement pursuant to section ten of  the  executive  law;
    55  and
        S. 6060                            43                            A. 9560
 
     1    (2)  covered  services shall mean the services or activities described
     2  in paragraph three of subdivision (c) and  subdivision  (d)  of  section
     3  eleven hundred five of this chapter.
     4    § 3. Section 470 of the tax law is amended by adding a new subdivision
     5  14 to read as follows:
     6    14.  "Stamps." Shall include any stamp, sticker, decal, label or other
     7  indicia of tax status under this article, in such  designs  and  denomi-
     8  nations as the commissioner shall prescribe.
     9    § 4. Section 471 of the tax law is amended by adding a new subdivision
    10  4 to read as follows:
    11    4.  Notwithstanding subdivisions one and two of this section, an agent
    12  who  is  a  licensed  wholesale dealer under this article may sell ciga-
    13  rettes exempt from the tax imposed under  this  article  to  the  extent
    14  authorized  by  section  seventeen  of this chapter. Any such cigarettes
    15  shall bear a stamp, as prescribed by the commissioner.
    16    § 5. Section 6 of part T3 of chapter 62 of the laws of 2003,  amending
    17  the tax law relating to sales on native American nation or tribal lands,
    18  is amended to read as follows:
    19    §  6.  This act shall take effect immediately; provided, however, that
    20  the addition, amendment and/or repeal of any rule or  regulation  neces-
    21  sary  for  the implementation of this act [on its effective date], which
    22  shall be consistent with the constitution,  laws  and  treaties  of  the
    23  United  States,  are authorized and directed to be made [and], completed
    24  [on or before the one hundred twentieth day after it shall have become a
    25  law; provided further, however, that this act shall first apply  to  the
    26  first  tax  period  of  the  taxes  imposed  or amended by this act that
    27  commence on or after the one hundred twentieth day after it  shall  have
    28  become  a  law and to all tax periods thereafter] and in effect March 1,
    29  2005; provided, however, the commissioner of taxation  and  finance,  in
    30  consultation  with  the  attorney  general,  is  authorized  to delay or
    31  suspend the implementation or enforcement of  any  such  rule  or  regu-
    32  lation,   pending   adjudication  of  any  challenge  to  such  rule  or
    33  regulation.
    34    § 6. This act shall take effect immediately.
 
    35                                   PART P
 
    36    Section 1. Section 51 of chapter 298 of the laws of 1985, amending the
    37  tax law relating to the franchise tax on banking corporations imposed by
    38  the tax law, authorized to be imposed by any city having a population of
    39  one million or more by chapter 772 of the laws of 1966  and  imposed  by
    40  the  administrative  code  of the city of New York and relating to other
    41  provisions of the tax law, chapter 883 of  the  laws  of  1975  and  the
    42  administrative  code of the city of New York which relates to such fran-
    43  chise tax, as amended by section 1 of part G3 of chapter 62 of the  laws
    44  of 2003, is amended to read as follows:
    45    §  51. This act shall take effect immediately and shall apply to taxa-
    46  ble years beginning on or after January 1, 1985, except that:
    47    (a) sections one through eight shall not apply to taxable years begin-
    48  ning on or after January 1, [2005] 2006;
    49    (b) sections nine, twelve,  the  amendment  made  to  paragraph  9  of
    50  subsection  (a)  of  section  1452  of  the tax law by section thirteen,
    51  sections fifteen, sixteen,  eighteen,  nineteen,  twenty,  twenty-three,
    52  twenty-seven,  thirty  and thirty-two, the amendment made to paragraph 9
    53  of subdivision (a) of section 11-640 of the administrative code  of  the
    54  city  of New York by section thirty-three, sections thirty-five, thirty-
        S. 6060                            44                            A. 9560
 
     1  six, thirty-eight, thirty-nine, forty, and forty-five shall not apply to
     2  corporations other than savings banks and savings and loan  associations
     3  for taxable years beginning on or after January 1, [2005] 2006;
     4    (c)   sections  twenty-one,  twenty-two,  twenty-four,  forty-one  and
     5  forty-two shall not apply to corporations other than savings  banks  and
     6  savings  and  loan  associations for taxable years beginning on or after
     7  January 1, [2005] 2006, provided, however, that the provisions  of  such
     8  sections which relate to the alternative minimum tax measured by taxable
     9  assets shall continue to apply to all taxpayers for taxable years begin-
    10  ning on or after January 1, [2005] 2006;
    11    (d)  the amendment to the section heading and the opening paragraph of
    12  section 11-643.3 of the administrative code of the city of New York made
    13  by section forty-three  shall  not  apply  to  corporations  other  than
    14  savings banks and savings and loan associations for taxable years begin-
    15  ning on or after January 1, [2005] 2006 with respect to those provisions
    16  of  such  section  11-643.3  which  relate  to the basic tax measured by
    17  entire net income; and
    18    (e) section twenty-eight, and the addition of new section 11-643.5  of
    19  the  administrative  code of the city of New York made by section forty-
    20  four shall not apply  to  corporations  other  than  savings  banks  and
    21  savings  and  loan  associations for taxable years beginning on or after
    22  January 1, [2005] 2006, provided, however, that the provisions  of  such
    23  sections  which  relate  to  the  alternative  minimum taxes measured by
    24  assets, issued capital stock and one hundred twenty-five  dollars  shall
    25  continue  to  apply  to  all taxpayers for taxable years beginning on or
    26  after January 1, [2005] 2006.
    27    § 2. Subdivisions (d) and (f) of section 110 of  chapter  817  of  the
    28  laws  of  1987,  amending the tax law and the environmental conservation
    29  law, constituting the business tax reform  and  rate  reduction  act  of
    30  1987,  as  amended  by section 2 of part G3 of chapter 62 of the laws of
    31  2003, are amended to read as follows:
    32    (d) The provisions of section sixty-seven except insofar as it  amends
    33  paragraph  10 of subsection (b) of section 1453 of the tax law, seventy-
    34  one and seventy-four shall apply to taxable years beginning after Decem-
    35  ber 31, 1986, provided, however,  that  new  paragraphs  11  and  12  of
    36  subsection  (b)  of  section  1453  of  the  tax law as added by section
    37  sixty-seven of this act, the amendments made by section  seventy-one  of
    38  this act, and new subsection (i) of section 1453 of the tax law as added
    39  by  section  seventy-four  of  this act shall not apply to taxable years
    40  beginning on or after January 1, [2005] 2006;
    41    (f) The provisions of section one hundred four of this act shall apply
    42  to taxable years beginning after December 31, 1986, and shall not  apply
    43  to  corporations  other  than savings banks and savings and loan associ-
    44  ations for taxable years beginning on or after January 1,  [2005]  2006,
    45  provided,  however,  that the provisions of such section which relate to
    46  the alternative minimum tax measured by taxable assets shall continue to
    47  apply to all taxpayers for taxable years beginning on or  after  January
    48  1, [2005] 2006.
    49    § 3. Subdivisions (c) and (d) of section 68 of chapter 525 of the laws
    50  of 1988, amending the tax law and the administrative code of the city of
    51  New York relating to the imposition of taxes in the city of New York, as
    52  amended  by  section 3 of part G3 of chapter 62 of the laws of 2003, are
    53  amended to read as follows:
    54    (c) The provisions of sections one,  thirty-one,  thirty-two,  thirty-
    55  three,  thirty-six,  thirty-seven, forty through forty-five, forty-seven
    56  and forty-eight shall apply to taxable years  beginning  after  December
        S. 6060                            45                            A. 9560
 
     1  31,  1986, provided, however, that the amendments made by sections thir-
     2  ty-six and forty-one of this act, and new  subdivision  (i)  of  section
     3  11-641  of  the  administrative code of the city of New York as added by
     4  section  forty-four  of this act shall not apply to taxable years begin-
     5  ning on or after January 1, [2005] 2006;
     6    (d) The provisions of section forty-six shall apply to  taxable  years
     7  beginning  after  December 31, 1986, and shall not apply to corporations
     8  other than savings banks and savings and loan associations  for  taxable
     9  years  beginning  on or after January 1, [2005] 2006, provided, however,
    10  that the provisions of such section  which  relate  to  the  alternative
    11  minimum  tax  measured  by taxable assets shall continue to apply to all
    12  taxpayers for taxable years beginning on  or  after  January  1,  [2005]
    13  2006;
    14    § 4. Section 1452 of the tax law is amended by adding a new subsection
    15  (k) to read as follows:
    16    (k)  Transitional provisions relating to the enactment and implementa-
    17  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything
    18  to the contrary contained in this section, a  corporation  that  was  in
    19  existence before January first, two thousand four and was subject to tax
    20  under article nine-A of this chapter for its last taxable year beginning
    21  before  January  first,  two thousand four, shall continue to be taxable
    22  under article nine-A for all taxable years beginning on or after January
    23  first, two thousand four and before January first, two thousand six. The
    24  preceding sentence shall not apply to any taxable year during which such
    25  corporation is a banking corporation described in paragraphs one through
    26  eight of subsection (a) of this section.   Notwithstanding  anything  to
    27  the  contrary  contained in this section, a banking corporation that was
    28  in existence before January first, two thousand four and was subject  to
    29  tax  under this article for its last taxable year beginning before Janu-
    30  ary first, two thousand four, shall continue to be  taxable  under  this
    31  article  for  all taxable years beginning on or after January first, two
    32  thousand four and before January  first,  two  thousand  six.  Provided,
    33  however,  that  nothing  in this subsection shall prohibit a corporation
    34  that elected pursuant to subsection (d) of this section  to  be  taxable
    35  under  article  nine-A  of  this  chapter from revoking that election in
    36  accordance with such subsection (d).
    37    For purposes of this paragraph, a corporation shall be  considered  to
    38  be  subject  to  tax  under article nine-A of this chapter for a taxable
    39  year if such corporation was not a taxpayer but was properly included in
    40  a combined report filed pursuant to section two hundred eleven  of  this
    41  chapter  for  such taxable year and a corporation shall be considered to
    42  be subject to tax under this article for a taxable year if  such  corpo-
    43  ration was not a taxpayer but was properly included in a combined return
    44  filed  pursuant  to  subsection  (f)  or (g) of section fourteen hundred
    45  sixty-two of this article for such taxable year. A corporation that  was
    46  in existence before January first, two thousand four but first becomes a
    47  taxpayer  in  a  taxable  year  beginning on or after January first, two
    48  thousand four and before January  first,  two  thousand  six,  shall  be
    49  considered  for  purposes  of this paragraph to have been subject to tax
    50  under article nine-A of this chapter for its last taxable year beginning
    51  before January first, two thousand four, if such corporation would  have
    52  been  subject  to tax under such article for such taxable year if it had
    53  been a taxpayer during such taxable year.  A  corporation  that  was  in
    54  existence  before  January first, two thousand four, but first becomes a
    55  taxpayer in a taxable year beginning on  or  after  January  first,  two
    56  thousand  four  and  before  January  first,  two thousand six, shall be
        S. 6060                            46                            A. 9560
 
     1  considered for purposes of this paragraph to have been  subject  to  tax
     2  under  this  article  for its last taxable year beginning before January
     3  first, two thousand four if such corporation would have been subject  to
     4  tax  under  this article for such taxable year if it had been a taxpayer
     5  during such taxable year.
     6    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this
     7  section,  a  corporation  formed on or after January first, two thousand
     8  four and before January first, two thousand six may elect to be  subject
     9  to  tax  under  this article or under article nine-A of this chapter for
    10  its first taxable year beginning on or after January first, two thousand
    11  four and before January first, two thousand  six  in  which  either  (i)
    12  sixty-five  percent  or more of its voting stock is owned or controlled,
    13  directly or indirectly by a  financial  holding  company,  provided  the
    14  corporation  whose voting stock is so owned or controlled is principally
    15  engaged in activities that are described in section 4(k)(4)  or  4(k)(5)
    16  of  the  federal bank holding company act of nineteen hundred fifty-six,
    17  as amended and the regulations promulgated pursuant to the authority  of
    18  such section, or (ii) it is a financial subsidiary.
    19    An  election  under  this  paragraph  may not be made by a corporation
    20  described in paragraphs one through eight  of  subsection  (a)  of  this
    21  section  or  in subsection (e) of this section. In addition, an election
    22  under this paragraph may not be made by a corporation that is a party to
    23  a reorganization, as defined in subsection (a) of section three  hundred
    24  sixty-eight  of  the  internal  revenue  code of nineteen eighty-six, as
    25  amended, of a corporation described in paragraph one of this  subsection
    26  if   both   corporations  were  sixty-five  percent  or  more  owned  or
    27  controlled, directly or indirectly, by the same interests at the time of
    28  the reorganization. An election under this paragraph must be made by the
    29  taxpayer on or before the due date for  filing  its  return  (determined
    30  with regard to extensions of time for filing) for the applicable taxable
    31  year.  The  election  to  be  taxed under article nine-A of this chapter
    32  shall be made by the taxpayer by filing the report required pursuant  to
    33  section  two hundred eleven of this chapter and the election to be taxed
    34  under this article shall be made by the taxpayer by  filing  the  return
    35  required pursuant to section fourteen hundred sixty-two of this article.
    36  Any  election  made  pursuant to this paragraph shall be irrevocable and
    37  shall apply to each subsequent taxable year beginning on or after  Janu-
    38  ary first, two thousand four and before January first, two thousand six,
    39  provided that the stock ownership requirements described in subparagraph
    40  (i)  of this paragraph are met or such corporation described in subpara-
    41  graph (ii) of this paragraph continues as a financial subsidiary.
    42    (3) For purposes of this  section,  a  financial  subsidiary  means  a
    43  corporation  (i)  sixty-five  percent  or  more of whose voting stock is
    44  owned or controlled, directly or indirectly  by  a  banking  corporation
    45  described  in  paragraph  one,  two  or  three of subsection (a) of this
    46  section and (ii) is described in section 5136A(g) of the  revised  stat-
    47  utes  of  the  United States or section forty-six of the federal deposit
    48  insurance act. For purposes of this article, the  term  "banking  corpo-
    49  ration"  shall  include  a  corporation  electing to be taxed under this
    50  article pursuant to paragraph two of this subsection for so long as such
    51  election shall be in effect.
    52    § 5. Subparagraph (iv) of paragraph 2 of  subsection  (f)  of  section
    53  1462 of the tax law, as amended by section 5 of part G3 of chapter 62 of
    54  the laws of 2003, is amended to read as follows:
    55    (iv)  (A)  Notwithstanding  any  provision of this paragraph, any bank
    56  holding company exercising its corporate franchise or doing business  in
        S. 6060                            47                            A. 9560
 
     1  the  state  may  make  a  return on a combined basis without seeking the
     2  permission of the commissioner with any banking  corporation  exercising
     3  its corporate franchise or doing business in the state in a corporate or
     4  organized  capacity  sixty-five percent or more of whose voting stock is
     5  owned or controlled, directly or indirectly, by such bank holding compa-
     6  ny, for the first taxable year beginning on or after January first,  two
     7  thousand  and before January first, two thousand [four] six during which
     8  such bank holding company registers for the first time under the federal
     9  bank holding company act, as amended, and also elects to be a  financial
    10  holding company. In addition, for each subsequent taxable year beginning
    11  after January first, two thousand and before January first, two thousand
    12  [four]  six,  any such bank holding company may file on a combined basis
    13  without seeking the permission of  the  commissioner  with  any  banking
    14  corporation that is exercising its corporate franchise or doing business
    15  in  the  state  and  sixty-five percent or more of whose voting stock is
    16  owned or controlled, directly or indirectly, by such bank holding compa-
    17  ny if either such banking corporation is exercising its corporate  fran-
    18  chise or doing business in the state in a corporate or organized capaci-
    19  ty for the first time during such subsequent taxable year, or sixty-five
    20  percent or more of the voting stock of such banking corporation is owned
    21  or  controlled, directly or indirectly, by such bank holding company for
    22  the first time during such subsequent taxable  year.  Provided  however,
    23  for  each  subsequent  taxable  year  beginning after January first, two
    24  thousand and before January first, two thousand [four]  six,  a  banking
    25  corporation  described  in  either  of the two preceding sentences which
    26  filed on a combined basis with any such bank holding company in a previ-
    27  ous taxable year, must continue to file on a combined  basis  with  such
    28  bank holding company if such banking corporation, during such subsequent
    29  taxable  year, continues to exercise its corporate franchise or do busi-
    30  ness in the state in a corporate or organized  capacity  and  sixty-five
    31  percent  or more of such banking corporation's voting stock continues to
    32  be owned or controlled, directly or indirectly,  by  such  bank  holding
    33  company,  unless the permission of the commissioner has been obtained to
    34  file on a separate basis for  such  subsequent  taxable  year.  Provided
    35  further, however, for each subsequent taxable year beginning after Janu-
    36  ary  first,  two  thousand and before January first, two thousand [four]
    37  six, a  banking  corporation  described  in  either  of  the  first  two
    38  sentences of this clause which did not file on a combined basis with any
    39  such  bank holding company in a previous taxable year, may not file on a
    40  combined basis with such bank holding company during any such subsequent
    41  taxable year unless the permission of the commissioner has been obtained
    42  to file on a combined basis for such subsequent taxable year.
    43    (B) Notwithstanding any provision of this paragraph other than  clause
    44  (A)  of this subparagraph, the commissioner may not require a bank hold-
    45  ing company which, during a taxable year beginning on or  after  January
    46  first,  two  thousand and before January first, two thousand [four] six,
    47  registers for the first time during such taxable year under the  federal
    48  bank  holding company act, as amended, and also elects to be a financial
    49  holding company, to make a return on a combined basis  for  any  taxable
    50  year  beginning on or after January first, two thousand and before Janu-
    51  ary first, two thousand [four] six with a banking corporation sixty-five
    52  percent or more of whose voting stock is owned or  controlled,  directly
    53  or indirectly, by such bank holding company.
    54    § 6. Section 11-640 of the administrative code of the city of New York
    55  is amended by adding a new subdivision (j) to read as follows:
        S. 6060                            48                            A. 9560
 
     1    (j)  Transitional provisions relating to the enactment and implementa-
     2  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything
     3  to the contrary contained in this section, a  corporation  that  was  in
     4  existence before January first, two thousand four and was subject to tax
     5  under subchapter two of this chapter for its last taxable year beginning
     6  before  January  first,  two thousand four, shall continue to be taxable
     7  under subchapter two for all taxable years beginning on or after January
     8  first, two thousand four and before January first, two thousand six. The
     9  preceding sentence shall not apply to any taxable year during which such
    10  corporation is a banking corporation described in paragraphs one through
    11  eight of subdivision (a) of this section.   Notwithstanding anything  to
    12  the  contrary  contained in this section, a banking corporation that was
    13  in existence before January first, two thousand four and was subject  to
    14  tax  under  this  subchapter  for its last taxable year beginning before
    15  January first, two thousand four, shall continue  to  be  taxable  under
    16  this  subchapter  for  all  taxable  years beginning on or after January
    17  first, two thousand four and before January  first,  two  thousand  six.
    18  Provided,  however,  that  nothing  in this subdivision shall prohibit a
    19  corporation that elected pursuant to subdivision (d) of this section  to
    20  be  taxable  under  subchapter  two  of  this chapter from revoking that
    21  election in accordance with subdivision (d) of this section.
    22    For purposes of this paragraph, a corporation shall be  considered  to
    23  be  subject  to  tax  under subchapter two of this chapter for a taxable
    24  year if such corporation was not a taxpayer but was properly included in
    25  a combined report filed pursuant to subdivision four of  section  11-605
    26  of this chapter for such taxable year and a corporation shall be consid-
    27  ered  to  be  subject to tax under this subchapter for a taxable year if
    28  such corporation was not a taxpayer  but  was  properly  included  in  a
    29  combined  report  filed  pursuant  to  subdivision (f) or (g) of section
    30  11-646 of this chapter for such taxable year. A corporation that was  in
    31  existence  before  January  first, two thousand four but first becomes a
    32  taxpayer in a taxable year beginning on  or  after  January  first,  two
    33  thousand  four  and  before  January  first,  two thousand six, shall be
    34  considered for purposes of this paragraph to have been  subject  to  tax
    35  under subchapter two of this chapter for its last taxable year beginning
    36  before  January  first, two thousand four if such corporation would have
    37  been subject to tax under such subchapter for such taxable  year  if  it
    38  had  been a taxpayer during such taxable year. A corporation that was in
    39  existence before January first, two thousand four but  first  becomes  a
    40  taxpayer  in  a  taxable  year  beginning on or after January first, two
    41  thousand four and before January  first,  two  thousand  six,  shall  be
    42  considered  for  purposes  of this paragraph to have been subject to tax
    43  under this subchapter for its last taxable year beginning before January
    44  first, two thousand four if such corporation would have been subject  to
    45  tax under this subchapter for such taxable year if it had been a taxpay-
    46  er during such taxable year.
    47    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this
    48  section, a corporation formed on or after January  first,  two  thousand
    49  four  and before January first, two thousand six may elect to be subject
    50  to tax under this subchapter or under subchapter two of this chapter for
    51  its first taxable year beginning on or after January first, two thousand
    52  four and before January first, two thousand  six  in  which  either  (i)
    53  sixty-five  percent  or more of its voting stock is owned or controlled,
    54  directly or indirectly by a  financial  holding  company,  provided  the
    55  corporation  whose voting stock is so owned or controlled is principally
    56  engaged in activities that are described in section 4(k)(4)  or  4(k)(5)
        S. 6060                            49                            A. 9560
 
     1  of  the  federal bank holding company act of nineteen hundred fifty-six,
     2  as amended and the regulations promulgated pursuant to the authority  of
     3  such  section  or  (ii)  it is a financial subsidiary. An election under
     4  this  paragraph may not be made by a corporation described in paragraphs
     5  one through eight of subdivision (a) of this section or  in  subdivision
     6  (e)  of  this section. In addition, an election under this paragraph may
     7  not be made by a corporation that is a party  to  a  reorganization,  as
     8  defined  in  subsection  (a) of section three hundred sixty-eight of the
     9  internal revenue code of nineteen hundred eighty-six, as amended,  of  a
    10  corporation  described  in  paragraph  one  of  this subdivision if both
    11  corporations were  sixty-five  percent  or  more  owned  or  controlled,
    12  directly or indirectly by the same interests at the time of the reorgan-
    13  ization.
    14    An  election  under  this paragraph must be made by the taxpayer on or
    15  before the due date for filing its return  (determined  with  regard  to
    16  extensions  of  time  for  filing)  for the applicable taxable year. The
    17  election to be taxed under subchapter two of this chapter shall be  made
    18  by  the  taxpayer  by filing the return required pursuant to subdivision
    19  one of section 11-605 of this chapter and the election to be taxed under
    20  this subchapter shall be made by  the  taxpayer  by  filing  the  return
    21  required  pursuant to subdivision (a) of section 11-646 of this chapter.
    22  Any election made pursuant to this paragraph shall  be  irrevocable  and
    23  shall  apply to each subsequent taxable year beginning on or after Janu-
    24  ary first, two thousand four and before January first, two thousand six,
    25  provided that the stock ownership requirements described in subparagraph
    26  (i) of this paragraph are met or such corporation described in  subpara-
    27  graph (ii) of this paragraph continues as a financial subsidiary.
    28    (3)  For  purposes  of  this  section,  a financial subsidiary means a
    29  corporation (i) sixty-five percent or more  of  whose  voting  stock  is
    30  owned  or  controlled,  directly  or indirectly by a banking corporation
    31  described in paragraph one, two or three  of  subdivision  (a)  of  this
    32  section  and  (ii) is described in section 5136A(g) of the revised stat-
    33  utes of the United States or section forty-six of  the  federal  deposit
    34  insurance act. For purposes of this subchapter, the term "banking corpo-
    35  ration"  shall  include  a  corporation  electing to be taxed under this
    36  subchapter pursuant to paragraph two of this subdivision for so long  as
    37  such election shall be in effect.
    38    §  7.  Subparagraph  (iv) of paragraph 2 of subdivision (f) of section
    39  11-646 of the administrative code of the city of New York, as amended by
    40  section 7 of part G3 of chapter 62 of the laws of 2003,  is  amended  to
    41  read as follows:
    42    (iv)  (A)  Notwithstanding  any  provision of this paragraph, any bank
    43  holding company exercising its corporate franchise or doing business  in
    44  the  city  may  make  a  return  on a combined basis without seeking the
    45  permission of the commissioner with any banking  corporation  exercising
    46  its  corporate franchise or doing business in the city in a corporate or
    47  organized capacity sixty-five percent or more of whose voting  stock  is
    48  owned or controlled, directly or indirectly, by such bank holding compa-
    49  ny,  for the first taxable year beginning on or after January first, two
    50  thousand and before January first, two thousand [four] six during  which
    51  such bank holding company registers for the first time under the federal
    52  bank  holding company act, as amended, and also elects to be a financial
    53  holding company. In addition, for each subsequent taxable year beginning
    54  after January first, two thousand and before January first, two thousand
    55  [four] six, any such bank holding company may file on a  combined  basis
    56  without  seeking  the  permission  of  the commissioner with any banking
        S. 6060                            50                            A. 9560
 
     1  corporation that is exercising its corporate franchise or doing business
     2  in the city and sixty-five percent or more  of  whose  voting  stock  is
     3  owned or controlled, directly or indirectly, by such bank holding compa-
     4  ny  if either such banking corporation is exercising its corporate fran-
     5  chise or doing business in the city in a corporate or organized capacity
     6  for the first time during such subsequent taxable  year,  or  sixty-five
     7  percent or more of the voting stock of such banking corporation is owned
     8  or  controlled, directly or indirectly, by such bank holding company for
     9  the first time during such subsequent taxable  year.  Provided  however,
    10  for  each  subsequent  taxable  year  beginning after January first, two
    11  thousand and before January first, two thousand [four]  six,  a  banking
    12  corporation  described  in  either  of the two preceding sentences which
    13  filed on a combined basis with any such bank holding company in a previ-
    14  ous taxable year, must continue to file on a combined  basis  with  such
    15  bank holding company if such banking corporation, during such subsequent
    16  taxable  year, continues to exercise its corporate franchise or do busi-
    17  ness in the city in a corporate or  organized  capacity  and  sixty-five
    18  percent  or more of such banking corporation's voting stock continues to
    19  be owned or controlled, directly or indirectly,  by  such  bank  holding
    20  company,  unless the permission of the commissioner has been obtained to
    21  file on a separate basis for  such  subsequent  taxable  year.  Provided
    22  further, however, for each subsequent taxable year beginning after Janu-
    23  ary  first,  two  thousand and before January first, two thousand [four]
    24  six, a  banking  corporation  described  in  either  of  the  first  two
    25  sentences of this clause which did not file on a combined basis with any
    26  such  bank holding company in a previous taxable year, may not file on a
    27  combined basis with such bank holding company during any such subsequent
    28  taxable year unless the permission of the commissioner has been obtained
    29  to file on a combined basis for such subsequent taxable year.
    30    (B) Notwithstanding any provision of this paragraph other than  clause
    31  (A)  of this subparagraph, the commissioner may not require a bank hold-
    32  ing company which, during a taxable year beginning on or  after  January
    33  first,  two  thousand and before January first, two thousand [four] six,
    34  registers for the first time during such taxable year under the  federal
    35  bank  holding company act, as amended, and also elects to be a financial
    36  holding company, to make a return on a combined basis  for  any  taxable
    37  year  beginning on or after January first, two thousand and before Janu-
    38  ary first, two thousand [four] six with a banking corporation sixty-five
    39  percent or more of whose voting stock is owned or  controlled,  directly
    40  or indirectly, by such bank holding company.
    41    §  8.  This  act  shall  take  effect  immediately;  provided however,
    42  sections four, five, six and seven of this act shall  apply  to  taxable
    43  years beginning on or after January 1, 2004.
 
    44                                   PART Q
 
    45    Section  1.  Section  606  of  the  tax law is amended by adding a new
    46  subsection (gg) to read as follows:
    47    (gg) STAR cost-of-living credit. (1) Allowance of credit.  A  taxpayer
    48  shall  be allowed a credit against the tax imposed by this article equal
    49  to the product of his or her STAR tax savings appearing on  his  or  her
    50  school  tax bill pursuant to subdivision two of section thirteen hundred
    51  six-a of the real property tax law and the consumer price index  adjust-
    52  ment,  provided,  that  in no case shall the sum of the STAR tax savings
    53  and the credit exceed the school tax that would otherwise be due.
        S. 6060                            51                            A. 9560
 
     1    (2) Limitation. (A) For each taxable year no credit shall  be  allowed
     2  under this subsection with respect to any STAR tax savings relating to a
     3  school  district  whose  budget  enacted  in such taxable year is not in
     4  compliance with the statutory spending  cap  set  forth  in  subdivision
     5  seven  of section two thousand twenty-two of the education law, as added
     6  by a chapter of the laws of two thousand  four.    The  commissioner  of
     7  education  shall notify the commissioner by September first of each year
     8  of those school districts whose budgets enacted in such year are not  in
     9  compliance with any such spending cap.
    10    (B)  For  purposes of the credit allowed under this subsection, if two
    11  or more taxpayers own real property which  qualifies  under  subdivision
    12  three  of  section four hundred twenty-five of the real property tax law
    13  for the STAR exemption and such taxpayers file  separate  returns,  such
    14  taxpayers  can  only  claim  as a credit against the tax imposed by this
    15  article the portion of the credit allowed under this subsection equal to
    16  their percentage of ownership interest in such real property.
    17    (3) Consumer price index adjustment. For purposes of this  subsection,
    18  the "consumer price index adjustment" applicable to a taxable year shall
    19  be  the  percentage  increase,  if  any,  of  the average of the monthly
    20  consumer price indices published by the bureau of labor  statistics  for
    21  the  twelve-month  period  ending with the month of June in such taxable
    22  year from the average of such monthly consumer  price  indices  for  the
    23  twelve-month period ending with the month of June, two thousand three.
    24    (4)  Application  of credit. If the amount of the credit allowed under
    25  this subsection for any taxable year shall exceed the taxpayer's tax for
    26  such year, the excess shall be treated as an overpayment of  tax  to  be
    27  credited  or  refunded  in accordance with the provisions of section six
    28  hundred eighty-six of this article, provided, however, that no  interest
    29  shall be paid thereon.
    30    § 2. This act shall take effect immediately and shall apply to taxable
    31  years beginning on or after January 1, 2004.
 
    32                                   PART R
 
    33    Section 1. The tax law is amended by adding a new section 1621 to read
    34  as follows:
    35    §  1621.  Video  lottery  franchise  gaming. a. The division is hereby
    36  authorized to license, pursuant to rules and regulations to  be  promul-
    37  gated  by  the  division,  the  operation and conduct of a lottery to be
    38  known as video lottery franchise gaming to be conducted at up  to  eight
    39  venues   throughout  the  state,  each  requiring  a  separate  license.
    40  Licenses shall be awarded by the division on  a  competitive  basis  and
    41  each  proposed  video lottery franchise location shall be subject to the
    42  approval of the division.  Any entity, including but not limited to  off
    43  track  betting  corporations,  which demonstrates to the satisfaction of
    44  the division that it possesses the qualifications and expertise to oper-
    45  ate video lottery franchise gaming shall be  eligible  to  competitively
    46  bid  for  one  or more available licenses.   Provided, however, that the
    47  following geographic restrictions shall apply: (i) except  as  otherwise
    48  authorized in this section, licenses may not be granted pursuant to this
    49  section  for  locations  within  fifteen  miles of any facility licensed
    50  pursuant to section sixteen hundred seventeen-a of  this  article;  (ii)
    51  the  operation  of  video lottery franchise gaming as authorized in this
    52  section in the city of New York shall be permitted only in the  counties
    53  of New York south of 59th street, Kings and Richmond and at no more than
    54  five  locations;  and (iii) licenses may not be granted pursuant to this
        S. 6060                            52                            A. 9560
 
     1  section for locations within the counties of Westchester,  Rockland  and
     2  Putnam;  provided,  however,  that  any  one  or more of such geographic
     3  restrictions may be waived by the division if any  racetrack  authorized
     4  to  conduct  video  lottery  gaming  pursuant to section sixteen hundred
     5  seventeen-a of this article has not begun or is not scheduled  to  begin
     6  operating  video  lottery  gaming on or before April first, two thousand
     7  five.  Notwithstanding any inconsistent provision of law, video  lottery
     8  franchise  gaming  at  each  approved  location pursuant to this section
     9  shall be deemed an approved activity at such location under the relevant
    10  city, county, town, or village land use or zoning ordinances,  rules  or
    11  regulations. No entity operating video lottery franchise gaming pursuant
    12  to  this section may house such gaming activity in a structure deemed or
    13  approved by the division as "temporary" for longer than eighteen months.
    14    b. The division shall promulgate rules and regulations  governing  all
    15  aspects  of the operation and conduct of video lottery franchise gaming,
    16  including but not limited to, the criteria for awarding  such  licenses,
    17  establishing  license  fees, approving locations, setting agent fees and
    18  establishing hours of operation, subject to  the  requirements  of  this
    19  section.    Criteria  for  awarding  licenses  shall include, but not be
    20  limited to, maximizing financial support for education, timely implemen-
    21  tation of video lottery franchise gaming, location and  quality  of  the
    22  facility and expertise of the applicant.  Such rules and regulations may
    23  be  adopted on an emergency basis pursuant to section two hundred two of
    24  the state administrative procedure act.
    25    c. In consideration  of  its  licensure  and  participation  in  video
    26  lottery franchise gaming, each licensee shall pay a one-time license fee
    27  to  be  established  by the division for each license issued, to be paid
    28  into the state treasury, to the credit of the state lottery fund created
    29  by section ninety-two-c of the state finance law.
    30    d. The specifications for video  lottery  franchise  gaming  shall  be
    31  designed  in  such  a  manner as to pay prizes that average no less than
    32  ninety percent of sales.
    33    e. Notwithstanding section one hundred twenty-one of the state finance
    34  law, on or before the twentieth day of each month,  the  division  shall
    35  pay  into  the  state treasury, to the credit of a separate and distinct
    36  account to be known as the sound  basic  education  account  within  the
    37  state  lottery fund created by section ninety-two-c of the state finance
    38  law, the balance of the total revenue after payout for prizes,  less  an
    39  amount  established  by such rules and regulations to be retained by the
    40  division for operation, administration  and  procurement  purposes;  and
    41  less  a  lottery  agent fee to be paid to each licensee at a rate, to be
    42  established by such rules and regulations, not to exceed twenty  percent
    43  of  total  revenue wagered after payout of prizes at such agent facility
    44  which will provide the maximum lottery support for education while  also
    45  ensuring the effective implementation of this section through reasonable
    46  reimbursements  and  compensation  to the licensees for participation in
    47  video lottery franchise gaming.
    48    f. The director shall be authorized to  enter  into  contracts  as  an
    49  agent  of  the state with private entities and non-profit racing associ-
    50  ations licensed pursuant to this section  and  section  sixteen  hundred
    51  seventeen-a  of  this  article  to encourage the timely participation in
    52  video lottery gaming. Such contracts may include  a  commitment  by  the
    53  state  that  each video lottery gaming facility shall have the exclusive
    54  right to operate such facility at its licensed location consistent  with
    55  the geographical restrictions contained in subdivision a of this section
    56  for  a  term of ten years. Notwithstanding any other provision of law to
        S. 6060                            53                            A. 9560
 
     1  the contrary, an agreement by a video lottery gaming  facility  operator
     2  to  build  and operate a licensed video lottery gaming facility shall be
     3  deemed good and valid consideration for a commitment by  the  state  for
     4  such exclusive right to operate such facility.
     5    g.  Notwithstanding  any  law  to  the contrary, the division shall be
     6  authorized  to  amend,  upon  negotiated  agreement,  competitively  bid
     7  contracts  in  force  and valid on the effective date of this section in
     8  connection with video lottery  gaming  authorized  pursuant  to  section
     9  sixteen  hundred  seventeen-a of this article to allow those contractors
    10  to provide goods and services in furtherance of  this  section,  and  to
    11  extend the terms of such contracts.
    12    §  2.  Subdivision  b  of  section  1612 of the tax law, as amended by
    13  section 3 of part W of chapter 63 of the laws of  2003,  is  amended  to
    14  read as follows:
    15    b. Notwithstanding section one hundred twenty-one of the state finance
    16  law,  on  or before the twentieth day of each month, the division shall:
    17  (i) pay into the state treasury, to the credit of the state lottery fund
    18  created by section ninety-two-c of the state finance law, not less  than
    19  forty-five  percent of the total amount for which tickets have been sold
    20  for games defined in paragraph four of subdivision  a  of  this  section
    21  during  the  preceding  month,  not less than thirty-five percent of the
    22  total amount for which tickets have been sold for games defined in para-
    23  graph three of subdivision a of this section during the preceding month,
    24  not less than twenty percent of the total amount for which tickets  have
    25  been  sold  for  games defined in paragraph two of subdivision a of this
    26  section during the preceding month, provided however that for games with
    27  a prize payout of seventy-five percent of the  total  amount  for  which
    28  tickets have been sold, the division shall pay not less than ten percent
    29  of  sales  into the state treasury and not less than twenty-five percent
    30  of the total amount for which tickets have been sold for  games  defined
    31  in  paragraph  one of subdivision a of this section during the preceding
    32  month; and (ii) pay into the state treasury, to the credit of a separate
    33  account of the state lottery fund to be known as the sound basic  educa-
    34  tion  account,  which  shall  be  kept separate and apart from all other
    35  state lottery funds, the balance of the total revenue after  payout  for
    36  prizes  for games [known as "video lottery gaming,"] authorized pursuant
    37  to section sixteen hundred seventeen-a of this article, less ten percent
    38  of the total revenue wagered after payout for prizes to be  retained  by
    39  the  division  for  operation, administration, and procurement purposes;
    40  and less a vendor's fee to be paid to the track operator at  a  rate  of
    41  twenty-nine  percent  of  the  total revenue wagered at the vendor track
    42  after payout for prizes pursuant to this chapter, which amount shall  be
    43  paid  to  the  operator  of the racetrack for serving as a lottery agent
    44  under this pilot program. In establishing the  lottery  agent  fee,  the
    45  division  shall  ensure  the maximum lottery support for education while
    46  also ensuring the effective implementation of  section  sixteen  hundred
    47  seventeen-a   of  this  article  through  the  provision  of  reasonable
    48  reimbursements and compensation to vendor tracks  for  participation  in
    49  such  pilot  program.  Within  twenty  days  after  any award of lottery
    50  prizes, the division shall pay into the state treasury, to the credit of
    51  the state lottery fund, the balance of all moneys received from the sale
    52  of all tickets for the lottery in which such prizes were awarded remain-
    53  ing after provision for the payment of prizes as herein provided.    Any
    54  revenues  derived  from the sale of advertising on lottery tickets shall
    55  be deposited in the state lottery fund.
        S. 6060                            54                            A. 9560
 
     1    § 3. This act shall take effect immediately, provided,  however,  that
     2  the  amendments  to subdivision b of section 1612 of the tax law made by
     3  section two of this act shall not affect the expiration of such subdivi-
     4  sion and shall be deemed to expire therewith.
 
     5                                   PART S
 
     6    Section  1.  Section  250  of  the  tax law is amended by adding a new
     7  subdivision 2-a to read as follows:
     8    2-a. In relation to the tax  imposed  pursuant  to  the  authority  of
     9  section  two hundred fifty-three-g of this article, the term "real prop-
    10  erty" and the term "mortgage" as used in this  article  shall  have  the
    11  meanings set forth in subdivision one of such section.
    12    §  2.  The tax law is amended by adding a new section 253-g to read as
    13  follows:
    14    § 253-g. Mortgage recording taxes.  1. Notwithstanding  any  provision
    15  of  law  to  the  contrary,  for purposes of this section, the following
    16  terms shall have the following meanings:
    17    (a) The term "cooperative interest" means an ownership interest  in  a
    18  cooperative  organization, which interest, when created, is coupled with
    19  possessory rights of a proprietary nature in identified  physical  space
    20  belonging  to  the cooperative organization. A subsequent termination of
    21  the possessory rights shall not cause an  ownership  interest  to  cease
    22  being a cooperative interest.
    23    (b)  The  term  "cooperative organization" means an organization which
    24  has as its principal asset an interest in one or more buildings,  or  in
    25  land and one or more buildings, and in which all ownership interests are
    26  cooperative interests.
    27    (c) The term "real property" means a cooperative interest in a cooper-
    28  ative  organization.  Such  real property shall be deemed to be situated
    29  where the cooperative organization's buildings or lands are located.
    30    (d) The term "mortgage" means a financing  statement  which  satisfies
    31  the  requirements  of  article  nine  of the uniform commercial code and
    32  which indicates that the secured party has a security interest in colla-
    33  teral which is a cooperative interest.
    34    (e) The term "recording of a mortgage" means the filing of a financing
    35  statement pursuant to article nine of the  uniform  commercial  code  to
    36  perfect  a security interest in collateral which is a cooperative inter-
    37  est.
    38    2. Any locality authorized under this article  to  impose  a  mortgage
    39  recording  tax  and  any  other  county in the state, acting through its
    40  local legislative body, is hereby authorized and empowered to adopt  and
    41  amend  local  laws imposing in such locality or county a tax at the rate
    42  specified in subdivision five of  this  section  for  each  one  hundred
    43  dollars  and  each remaining major fraction thereof of principal debt or
    44  obligation which is or under any contingency may be secured at the  date
    45  of  execution  thereof, or at any time thereafter, by a mortgage on real
    46  property situated within such locality or  county  and  recorded  on  or
    47  after the date upon which such tax takes effect.
    48    3.  Notwithstanding  the provisions of section two hundred fifty-seven
    49  of this article, the tax imposed  pursuant  to  the  authority  of  this
    50  section  shall  be paid in the following manner to the recording officer
    51  of the locality or county in which the mortgage is to be recorded.  Upon
    52  submission  of  a  sworn  statement  of  the  secured  party,  in a form
    53  prescribed by the commissioner, reciting the amount of principal debt or
    54  obligation which is or under any contingency may be secured at the  date
        S. 6060                            55                            A. 9560
 
     1  of execution thereof, or any time thereafter, or any new or further debt
     2  or obligation secured by a mortgage, together with the amount of tax due
     3  upon the recording of such mortgage, the recording officer shall issue a
     4  certificate  that  the  tax  has  been  paid.  Such  certificate must be
     5  attached to the mortgage and recorded with it. In lieu of  such  certif-
     6  icate,  such  recording officer may indorse upon each mortgage a receipt
     7  of the amount of tax paid. Any mortgage so indorsed may be recorded  and
     8  the  receipt  for such tax indorsed upon each mortgage shall be recorded
     9  therewith. Such certificate or receipt shall be  conclusive  proof  that
    10  the  amount  of  tax  stated therein has been paid upon the recording of
    11  such mortgage.
    12    4. No remedy otherwise available to a secured party under article nine
    13  of the uniform commercial code to  enforce  a  security  interest  in  a
    14  collateral which is a cooperative interest shall be available to enforce
    15  a  mortgage, the recording of which is subject to the tax imposed pursu-
    16  ant to the authority of this section, unless any such tax has been paid.
    17    5. (a) General rate. Except as otherwise provided in this subdivision,
    18  the rate of tax imposed pursuant to the authority of this section  shall
    19  be  fifty cents for each one hundred dollars and each remaining fraction
    20  thereof of principal debt or obligation which is or under any contingen-
    21  cy may be secured at the date of execution thereof, or at any time ther-
    22  eafter, by a mortgage on real property situated within such county which
    23  is recorded on or after the date upon which such tax takes effect and  a
    24  tax  of fifty cents on such mortgage if the principal debt or obligation
    25  which is or by any contingency may be secured by such mortgage  is  less
    26  than one hundred dollars.
    27    (b)  Special  additional  rate.  In  addition to the rate specified in
    28  paragraph (a) of this subdivision, there shall be an additional rate  of
    29  tax  imposed  pursuant  to the authority of this section with respect to
    30  each mortgage of real property, except mortgages where the mortgagee  is
    31  a natural person or persons and the mortgaged premises consist of a real
    32  property relating to six individual residential units or less, each with
    33  separate  cooking  facilities, which rate shall be twenty-five cents for
    34  each one hundred dollars and each remaining fraction thereof of  princi-
    35  pal debt or obligation which is, or under any contingency may be secured
    36  at  the  date  of execution thereof or any time thereafter by such mort-
    37  gage. This portion of the tax shall, in cases of real property  relating
    38  in  the  aggregate to not more than six residential dwelling units, each
    39  dwelling unit having its own separate cooking facilities, be paid by the
    40  mortgagee, and such tax shall not be paid or payable, directly or  indi-
    41  rectly  by  the mortgagor and except that such tax shall be paid in such
    42  cases by the mortgagor where the mortgagee  is  an  exempt  organization
    43  described  in  paragraph (b) of subdivision one-a of section two hundred
    44  fifty-three of this article.
    45    (c) New York city rate. (i) The rate of tax imposed  pursuant  to  the
    46  authority  of this section in any city in this state having a population
    47  of one million or more shall be the sum of the rates of tax specified in
    48  paragraphs (a) and (b) of this subdivision and the New  York  city  rate
    49  which  shall  be  (I) with respect to real property securing a principal
    50  debt or obligation of less  than  five  hundred  thousand  dollars,  one
    51  dollar,  (II)  with  respect  to real property relating to an individual
    52  residential dwelling unit securing a principal  debt  or  obligation  of
    53  five  hundred  thousand  dollars or more, one dollar and twelve and one-
    54  half cents, and (III) with respect  to  all  other  real  property,  one
    55  dollar  and  seventy-five  cents,  for each one hundred dollars and each
    56  remaining major fraction thereof of principal debt or  obligation  which
        S. 6060                            56                            A. 9560
 
     1  is  or  under  any  contingency  may be secured at the date of execution
     2  thereof, or at any time thereafter, by a mortgage on such real  property
     3  which is recorded on or after the date upon which such tax takes effect.
     4    (ii)  For  the purpose of determining whether a mortgage is subject to
     5  the tax at the rate specified in clause (I) of subparagraph (i) of  this
     6  paragraph,  the  principal  debt  or  obligation  which  is or under any
     7  contingency may be secured at the date of execution thereof, or  at  any
     8  time thereafter, by such mortgage shall be aggregated with the principal
     9  debt  or  obligation which is or under any contingency may be secured at
    10  the date of execution thereof, or at any time thereafter, by  any  other
    11  mortgage  in accordance with the provisions of paragraph (a) of subdivi-
    12  sion two of section two hundred fifty-three-a of this article.
    13    (d) Yonkers rate. The rate of tax imposed pursuant to the authority of
    14  this section in the city of Yonkers shall be the sum of the rates of tax
    15  specified in paragraphs (a) and (b) of this subdivision and the  Yonkers
    16  rate  which  shall  be  one dollar for each one hundred dollars and each
    17  remaining major fraction thereof of principal debt or  obligation  which
    18  is  or  under  any  contingency  may be secured at the date of execution
    19  thereof, or at any time thereafter, by a mortgage on real property situ-
    20  ated within such city which is recorded on or after the date upon  which
    21  such tax takes effect.
    22    (e)  Broome  county  rate.  The  rate  of  tax imposed pursuant to the
    23  authority of this section in Broome county shall be the sum of the rates
    24  of tax specified in paragraphs (a) and (b) of this subdivision  and  the
    25  Broome county rate which shall be twenty-five cents for each one hundred
    26  dollars of principal debt or obligation which is or under any contingen-
    27  cy may be secured at the date of execution thereof, or at any time ther-
    28  eafter, by a mortgage on real property situated within such county which
    29  is recorded on or after the date upon which such tax takes effect.
    30    (f)  Rockland  county  rate.  The  rate of tax imposed pursuant to the
    31  authority of this section in Rockland county, shall be the  sum  of  the
    32  rates of tax specified in paragraphs (a) and (b) of this subdivision and
    33  the  Rockland  county rate which shall be twenty-five cents for each one
    34  hundred dollars of principal debt or obligation which is  or  under  any
    35  contingency  may  be secured at the date of execution thereof, or at any
    36  time thereafter, by a mortgage on real  property  situated  within  such
    37  county  which is recorded on or after the date upon which such tax takes
    38  effect.
    39    6. Except as otherwise provided in this  section,  the  taxes  imposed
    40  pursuant  to  the  authority  of  this section shall be administered and
    41  collected in the same manner as the taxes imposed under subdivision  one
    42  of  section two hundred fifty-three and paragraph (b) of subdivision one
    43  of section two hundred fifty-five of this article. Except  as  otherwise
    44  provided in this section, all the provisions of this article relating to
    45  or  applicable to the administration and collection of the taxes imposed
    46  by such subdivisions shall apply to the taxes imposed  pursuant  to  the
    47  authority of this section with such modifications as may be necessary to
    48  adapt  such  language  to  the  tax so authorized. Such provisions shall
    49  apply with the same force and effect as if those provisions had been set
    50  forth in full in this section except to the extent that any provision is
    51  either inconsistent with a provision of this section or not relevant  to
    52  the  tax  authorized  by this section. For purposes of this section, any
    53  reference in this article to the tax or taxes imposed  by  this  article
    54  shall  be deemed to refer to a tax imposed pursuant to this section, and
    55  any reference to the phrase "within this state" shall be read as  within
        S. 6060                            57                            A. 9560
 
     1  the  applicable  locality  imposing  the tax authorized pursuant to this
     2  section, unless a different meaning is clearly required.
     3    7.  Where the real property covered by the mortgage subject to the tax
     4  imposed pursuant to the authority of this section is  situated  in  this
     5  state but within and without the county imposing such tax, the amount of
     6  such  tax due and payable to such county shall be determined in a manner
     7  similar to that prescribed in the first paragraph of section two hundred
     8  sixty of this article which concerns real property situated  in  two  or
     9  more  counties  but  which is applied in a manner appropriate to cooper-
    10  ative interests and cooperative organizations. Where  such  property  is
    11  situated  both  within such county and without the state, the amount due
    12  and payable to such county shall be determined in the manner  prescribed
    13  in the second paragraph of such section two hundred sixty which concerns
    14  property situated within and without the state but which is applied in a
    15  manner  appropriate  to  cooperative interests and cooperative organiza-
    16  tions. Where real property is situated within  and  without  the  county
    17  imposing  such  tax,  the recording officer of the jurisdiction in which
    18  the mortgage is first recorded shall be required to  collect  the  taxes
    19  imposed pursuant to this section.
    20    8. A tax imposed pursuant to the authority of this section shall be in
    21  addition to the taxes imposed by section two hundred fifty-three of this
    22  article.
    23    9.  (a) Notwithstanding any provision of this article to the contrary,
    24  the balance of all moneys paid to the  recording  officer  of  a  county
    25  during  each  month  upon  account  of  the  tax imposed pursuant to the
    26  authority of this section, after deducting the necessary expenses of his
    27  office as provided in section two hundred  sixty-two  of  this  article,
    28  except  taxes  paid  upon  mortgages  which under the provisions of this
    29  section are first to be apportioned by the commissioner, shall  be  paid
    30  over by such officer on or before the tenth day of each succeeding month
    31  to  the  county  treasurer or commissioner of finance, whichever term is
    32  applicable, of such county, or in  the  counties  of  New  York,  Kings,
    33  Queens,  Richmond and Bronx to the commissioner of finance of such city.
    34  The county treasurer or  commissioner  of  finance,  whichever  term  is
    35  applicable,  shall deduct from such amount the necessary expenses of his
    36  office as provided in section two hundred sixty-two of this article.
    37    (b) In each county, the portion of the net amount of  the  balance  of
    38  tax paid over to the county treasurer or commissioner of finance, which-
    39  ever term is applicable, attributable to the general rate of tax imposed
    40  pursuant  to the authority of this section as described in paragraph (a)
    41  of subdivision five of this section, shall be held by him and  shall  be
    42  allocated  to the tax districts of the county pursuant to the provisions
    43  of subdivision three of section two hundred sixty-one of this article.
    44    (c) In each county, the portion of the net amount of  the  balance  of
    45  tax paid over to the county treasurer or commissioner of finance, which-
    46  ever  term is applicable, attributable to the special additional rate of
    47  tax imposed pursuant to the authority of this section  as  described  in
    48  paragraph (b) of subdivision five of this section, shall be deposited in
    49  the general fund of such county for expenditure on any county purpose.
    50    (d)  In New York city, the portion of the net amount of the balance of
    51  tax paid over to the commissioner of finance  attributable  to  the  New
    52  York  city rate of tax imposed pursuant to the authority of this section
    53  as described in paragraph (c) of subdivision five of this section  shall
    54  be  deposited  in  the  general fund of such city for expenditure on any
    55  city purpose.
        S. 6060                            58                            A. 9560
 
     1    (e) In Westchester county, the  portion  of  the  net  amount  of  the
     2  balance  of  tax  paid  over to the county treasurer attributable to the
     3  Yonkers rate of tax imposed pursuant to the authority of this section as
     4  described in paragraph (d) of subdivision five of this section shall  be
     5  deposited  in the general fund of the city of Yonkers for expenditure on
     6  city purposes pursuant to the provisions of subdivision five of  section
     7  two hundred fifty-three-d of this article.
     8    (f)  In Broome county, the portion of the net amount of the balance of
     9  tax paid over to the commissioner of finance of Broome county  attribut-
    10  able  to the Broome county rate of tax imposed pursuant to the authority
    11  of this section as described in paragraph (e)  of  subdivision  five  of
    12  this  section  shall  be  deposited in the general fund of the county of
    13  Broome pursuant to the provisions of subdivision  five  of  section  two
    14  hundred  fifty-three-e  of this article and used for the purposes speci-
    15  fied in subdivision five of section two hundred  fifty-three-e  of  this
    16  article.
    17    (g)  In  Rockland county, the portion of the net amount of the balance
    18  of tax paid over to the  commissioner  of  finance  of  Rockland  county
    19  attributable  to the Rockland county rate of tax imposed pursuant to the
    20  authority of this section as described in paragraph (f)  of  subdivision
    21  five of this section shall be deposited in the general fund of the coun-
    22  ty of Rockland pursuant to the provisions of subdivision five of section
    23  two  hundred  fifty-three-f  of  this  article and used for the purposes
    24  specified in subdivision five of section two  hundred  fifty-three-f  of
    25  this article.
    26    10.  Any  local  law  imposing a tax pursuant to the authority of this
    27  section or repealing or suspending such a tax shall take effect only  on
    28  the  first day of a calendar month. Such a local law shall not be effec-
    29  tive unless a certified copy thereof is mailed by registered  or  certi-
    30  fied  mail to the commissioner at the commissioner's office in Albany at
    31  least thirty days prior to the date the local  law  shall  take  effect.
    32  Certified  copies  of any local law described in this section shall also
    33  be filed with the county clerk of the county or  locality  imposing  the
    34  tax  authorized  by  this  section, the secretary of state and the state
    35  comptroller within five days after the date it is duly enacted.
    36    § 3. Paragraphs 6 and 7 of subsection (b) of  section  9--516  of  the
    37  uniform commercial code, as added by chapter 84 of the laws of 2001, are
    38  amended and a new paragraph 8 is added to read as follows:
    39         (6) in  the case of an assignment reflected in an initial financ-
    40             ing statement under Section 9--514(a) or an  amendment  filed
    41             under  Section  9--514(b), the record does not provide a name
    42             and mailing address for the assignee; [or]
    43         (7) in the case of a continuation statement, the  record  is  not
    44             filed  within  the  six-month  period  prescribed  by Section
    45             9--515(d)[.]; or
    46         (8) in the case of a cooperative interest, the tax imposed pursu-
    47             ant to the authority of section two hundred fifty-three-g  of
    48             the tax law has not been paid.
    49    §  4. Subparagraph (D) of paragraph 1 of subsection (b) of section 631
    50  of the tax law, as added by chapter 586 of the laws of 1999, is  amended
    51  and a new subparagraph (E) is added to read as follows:
    52    (D)  winnings  from a wager placed in a lottery conducted by the divi-
    53  sion of the lottery, if the proceeds from such wager exceed  five  thou-
    54  sand dollars[.]; or
    55    (E)  gains from the sale, conveyance or other disposition of shares of
    56  stock in a cooperative housing corporation in connection with the  grant
        S. 6060                            59                            A. 9560
 
     1  or  transfer of a proprietary leasehold by the owner thereof and subject
     2  to the provisions of article thirty-one of this  chapter,  whether  such
     3  shares are held by a partnership, trust or otherwise.
     4    §  5.  Paragraph 2 of subsection (b) of section 631 of the tax law, as
     5  amended by chapter 586 of the laws  of  1999,  is  amended  to  read  as
     6  follows:
     7    (2)  Income  from  intangible  personal property, including annuities,
     8  dividends, interest,  and  gains  from  the  disposition  of  intangible
     9  personal property, shall constitute income derived from New York sources
    10  only to the extent that such income is from property employed in a busi-
    11  ness,  trade, profession, or occupation carried on in this state or from
    12  winnings from a wager placed in a lottery conducted by the  division  of
    13  the  lottery,  if  the  proceeds  from  such  wager exceed five thousand
    14  dollars.  Income from the disposition of  intangible  personal  property
    15  shall also constitute income derived from New York sources to the extent
    16  such  gains are from the sale, conveyance or other disposition of shares
    17  of stock in a cooperative housing corporation  in  connection  with  the
    18  grant  or  transfer  of a proprietary leasehold by the owner thereof and
    19  subject to the provisions of article thirty-one of this chapter, whether
    20  such shares are held by a partnership, trust or otherwise.
    21    § 6. Subsection (a) of section 663 of  the  tax  law,  as  amended  by
    22  section  1  of  part P of chapter 686 of the laws of 2003, is amended to
    23  read as follows:
    24    (a) Upon the sale of real property within the state by  a  nonresident
    25  taxpayer, the nonresident shall estimate the personal income tax liabil-
    26  ity  on the gain, if any, from such sale or transfer.  In addition, upon
    27  the sale, conveyance or other disposition of shares of stock in a  coop-
    28  erative housing corporation in connection with the transfer of a propri-
    29  etary  leasehold  by  the owner thereof and subject to the provisions of
    30  article thirty-one of this chapter, the nonresident shall  estimate  the
    31  personal  income  tax  liability  on  the  gain, if any, from such sale,
    32  conveyance or other disposition.
    33    § 7. Paragraph 3 of subsection (c) of section 663 of the tax  law,  as
    34  amended  by  section  1 of part P of chapter 686 of the laws of 2003, is
    35  amended and a new paragraph 4 is added to read as follows:
    36    (3) The transferor or transferee is an  agency  or  authority  of  the
    37  United  States  of  America,  an agency or authority of the state of New
    38  York, the Federal National Mortgage Association, the Federal  Home  Loan
    39  Mortgage  Corporation,  or the Government National Mortgage Association,
    40  or a private mortgage insurance company[.]; or
    41    (4) The proprietary leasehold being transferred in connection with the
    42  sale, conveyance or other disposition of the shares of stock in a  coop-
    43  erative  housing  corporation  is a principal residence of the seller or
    44  transferor within the meaning of section 121  of  the  Internal  Revenue
    45  Code;
    46    §  8. Section 663 of the tax law is amended by adding a new subsection
    47  (i) to read as follows:
    48    (i) The estimated personal income tax liability on the gain,  if  any,
    49  from  the  sale, conveyance or other disposition of shares of stock in a
    50  cooperative housing corporation shall be paid  to  the  commissioner  no
    51  later  than  the  fifteenth  day  after  the  delivery of the instrument
    52  affecting such sale, conveyance or other disposition.  For  purposes  of
    53  this section, the date of the instrument affecting such sale, conveyance
    54  or  other  disposition  shall  be presumed to be the date of delivery of
    55  such instrument.
        S. 6060                            60                            A. 9560
 
     1    § 9. This act shall take effect immediately; provided,  however,  that
     2  sections  four  and five of this act shall apply to taxable years begin-
     3  ning on or after January 1, 2004; and sections six through eight of this
     4  act shall take effect on the ninetieth day after  this  act  shall  have
     5  become  a  law  and  apply  to  sales, conveyances or other dispositions
     6  occurring on or after such date.
 
     7                                   PART T
 
     8    Section 1. Section 956 of the general municipal  law,  as  amended  by
     9  chapter 708 of the laws of 1993, is amended to read as follows:
    10    § 956. Statement of legislative findings and declaration.  It is here-
    11  by found and declared that given the intensely competitive nature of the
    12  evolving  global  economy and the changing industrial and economic envi-
    13  ronment, the state's ability to attract and  retain  businesses  depends
    14  largely  upon  decreasing the tax and economic burden on businesses that
    15  locate and operate business facilities or operations in the state. Given
    16  these circumstances and the critical importance of the state's  economic
    17  future,  state  and local government must provide extraordinary economic
    18  incentives in order to help stimulate private investment, private  busi-
    19  ness  development and job creation in the state. It is the public policy
    20  of the state to  offer  special  incentives  and  assistance  that  will
    21  promote  the  development  of  new  businesses,  and  the  expansion  or
    22  retention of existing businesses throughout the  state.  It  is  further
    23  found  and  declared  that  it is the public policy of the state that to
    24  increase the state's competitiveness and attractiveness in order to help
    25  stimulate private  investment,  private  business  development  and  job
    26  creation  requires  the  mutual  cooperation  of all levels of state and
    27  local government and the business community.
    28    It is hereby further found and declared that there  exist  within  the
    29  state  certain  areas characterized by persistent and pervasive poverty,
    30  high unemployment, limited new job  creation,  a  dependence  on  public
    31  assistance  income,  dilapidated and abandoned industrial and commercial
    32  facilities, and shrinking tax bases.  These  severe  conditions  require
    33  state  and  local  government  to  target  for these areas extraordinary
    34  economic and human resource development programs in order  to  stimulate
    35  private investment, private business development and job creation. It is
    36  the  public  policy of the state to offer special incentives and assist-
    37  ance that will promote the development of new businesses, the  expansion
    38  of  existing  businesses  and  the development of human resources within
    39  these economically impoverished areas and to do so  without  encouraging
    40  the  relocation of business investment from other areas of the state. It
    41  is further found and declared that it is the public policy of the  state
    42  to  achieve  these goals through the mutual cooperation of all levels of
    43  state and local government and the business community.
    44    § 2. Subdivisions (a), (e), (f), (k), (m), (p), (q) and (r) of section
    45  957 of the general municipal law, subdivision (a) as  added  by  chapter
    46  686  of the laws of 1986, subdivision (e) as amended and subdivision (m)
    47  as added by chapter 708 of the laws of 1993, subdivision (f) as  amended
    48  and  subdivision (k) as added by chapter 624 of the laws of 1990, subdi-
    49  vision (p) as added by chapter 170 of the laws of 1994, subdivisions (q)
    50  and (r) as added by section 1 of part Q of chapter 84  of  the  laws  of
    51  2002,  subdivisions  (a),  (e),  (f),  (k) and (m) as further amended by
    52  section 15 of part GG of chapter 63 of the laws of 2000, are amended and
    53  four new subdivisions (s), (t),  (u)  and  (v)  are  added  to  read  as
    54  follows:
        S. 6060                            61                            A. 9560
 
     1    (a)  "Applicant"  shall mean the county, city, town or village submit-
     2  ting an application pursuant to this article and in the  manner  author-
     3  ized by local law for designation of an area as an empire zone.
     4    (e)  "Local  empire  zone  administrative board" shall mean the entity
     5  designated by the applicant that is responsible for monitoring, evaluat-
     6  ing and coordinating all empire zone benefits on behalf  of  the  appli-
     7  cant.  Such  entity  shall consist of at least six members, none of whom
     8  shall be the local empire zone [certification officer] coordinator,  and
     9  shall  be representative of local businesses, organized labor, community
    10  organizations, financial institutions,  local  educational  institutions
    11  and residents of the empire zone.
    12    (f) "Local empire zone [certification officer] coordinator" shall mean
    13  the  official  designated  by  the  applicant  who is the commissioner's
    14  contact person for the local empire zone that is responsible for coordi-
    15  nating all empire zone benefits and administrative functions  on  behalf
    16  of  the  local empire zone administrative board or administrative entity
    17  and who is responsible for jointly certifying and decertifying  together
    18  with  the  commissioner  and  the  commissioner  of labor those business
    19  enterprises eligible to receive benefits pursuant to this article.
    20    (k) "Targeted employee" shall mean a New York  resident  who  receives
    21  empire  zone  wages  pursuant  to  subdivision  nineteen  of section two
    22  hundred ten of the tax law and who is (i) an eligible  individual  under
    23  the  provision of the targeted jobs tax credit (section fifty-one of the
    24  internal revenue code), (ii) eligible for benefits under the  provisions
    25  of  the  [job  training partnership act (P.L. 97-300, as amended)] work-
    26  force investment act (P.L. 105-220) as a dislocated worker or low income
    27  individual, (iii) a recipient of public assistance benefits, or (iv)  an
    28  individual  whose  income is below the most recently established poverty
    29  rate promulgated by the United  States  department  of  commerce,  or  a
    30  member of a family whose family income is below the most recently estab-
    31  lished poverty rate promulgated by the appropriate federal agency.
    32    An individual who satisfies the criteria set forth in clause (i), (ii)
    33  or (iv) of this subdivision at the time of initial employment in the job
    34  with respect to which the credit is claimed, or who satisfies the crite-
    35  rion  set  forth  in clause (iii) of this subdivision at such time or at
    36  any time within the previous two years, shall be a targeted employee  so
    37  long as such individual continues to receive empire zone wages.
    38    (m)  "Zone  administrative  entity" shall mean a community-based local
    39  development corporation or entity contracting with the local empire zone
    40  board pursuant to paragraph [(viii)] (xii) of subdivision (b) of section
    41  nine hundred sixty-three of this article or the  municipality  in  which
    42  the  zone  is located in those instances where the municipality actively
    43  participates in the local administration of the zone program.
    44    [(p) "Zone equivalent area" shall mean  an  area  designated  as  such
    45  pursuant  to subdivision (bb) of section nine hundred fifty-nine of this
    46  article.
    47    (q) "New empire zone" shall mean an empire zone that has  been  desig-
    48  nated  pursuant  to  paragraphs  (vii)  and (viii) of subdivision (b) of
    49  section nine hundred sixty of this article.
    50    (r) "Existing empire zone" shall mean an empire  zone  that  has  been
    51  designated  pursuant to paragraphs (i), (ii), (iii), (iv), (v), and (vi)
    52  of subdivision (b) of section nine hundred sixty of this article.]
    53    (p) "Superboundary" shall mean a four square mile area within which an
    54  empire zone designated under subdivision (a)  or  (d)  of  section  nine
    55  hundred  fifty-eight of this article must be located. Such superboundary
    56  shall be characterized  by  pervasive  poverty,  high  unemployment  and
        S. 6060                            62                            A. 9560
 
     1  general  economic  distress, must correspond to traditional neighborhood
     2  or community boundaries, and where  appropriate,  be  bounded  by  major
     3  natural  or man-made physical boundaries, such as bodies of water, rail-
     4  road lines, or limited access highways and may be one contiguous area or
     5  up to three non-contiguous areas.
     6    (q)  "Neighborhood  revitalization  empire  zone" shall mean an empire
     7  zone designated pursuant to subdivision  (a)  or  (d)  of  section  nine
     8  hundred fifty-eight of this article.
     9    (r)  "Countywide  development  empire  zone" shall mean an empire zone
    10  designated pursuant to subdivision (b) or (c) of  section  nine  hundred
    11  fifty-eight of this article.
    12    (s)  "Flex  acreage empire zone" shall mean an empire zone area desig-
    13  nated pursuant to subdivision (f) of section nine hundred fifty-eight of
    14  this article which will attract large projects involving job creation of
    15  at least three hundred new jobs in the state,  provided,  however,  such
    16  area  may  not  be  designated  within  the  metropolitan transportation
    17  authority district; or projects involving job creation of at  least  one
    18  hundred  new  jobs  provided  such area is located within a census tract
    19  meeting the criteria of subdivision (a) of section nine  hundred  fifty-
    20  eight of this article.
    21    (t) "Targeted area" shall mean a four square mile area or a two square
    22  mile  area for local empire zones designated as a one square mile empire
    23  zone within which an empire zone  designated  under  paragraph  (ii)  of
    24  subdivision  (b)  or paragraph (viii) of subdivision (c) of section nine
    25  hundred fifty-eight of this article must be located. Such area shall  be
    26  characterized  by  poverty,  unemployment  and general economic distress
    27  relative to such county, must correspond to traditional neighborhood  or
    28  community boundaries, and where appropriate, be bounded by major natural
    29  or  man-made  physical  boundaries,  such  as  bodies of water, railroad
    30  lines, or limited access highways and may be one contiguous area  or  up
    31  to six non-contiguous areas.
    32    (u)  "Applicant municipality" means the county, city, town, or village
    33  that applied for and received empire zone designation as  authorized  by
    34  section nine hundred sixty of this article.
    35    (v)  "Concurring  municipality"  means a city, town or village that is
    36  required to agree with the applicant municipality's proposed addition or
    37  removal of empire zone acreage from within such city, town or  village's
    38  municipal borders.
    39    § 3. Section 958 of the general municipal law, as added by chapter 686
    40  of  the  laws  of 1986, paragraph (i) of subdivision (a) and subdivision
    41  (b) as amended by chapter 624 of the laws of 1990, paragraphs  (ii)  and
    42  (vi) of subdivision (a) and subdivision (c) as amended by chapter 708 of
    43  the  laws  of  1993,  paragraph  (iii)  of subdivision (a) as amended by
    44  section 2 of part Q of chapter 84 of the laws of 2002,  subdivision  (d)
    45  as  amended  by  chapter  41 of the laws of 2000, and subdivision (e) as
    46  relettered by chapter 492 of the laws  of  1999,  and  such  section  as
    47  further  amended  by  section 15 of part GG of chapter 63 of the laws of
    48  2000, is amended to read as follows:
    49    § 958. Criteria for empire zone designation. (a) To  be  eligible  for
    50  designation  as [an] a neighborhood revitalization empire zone, [an] the
    51  proposed empire zone area must be [characterized by  pervasive  poverty,
    52  high  unemployment  and  general  economic  distress, must correspond to
    53  traditional neighborhood or community boundaries, and where appropriate,
    54  be bounded by major natural or man-made  physical  boundaries,  such  as
    55  bodies  of  water,  railroad  lines,  or  limited  access highways; and]
        S. 6060                            63                            A. 9560
 
     1  located within a superboundary and such superboundary must be located in
     2  an area that must meet the following requirements:
     3    (i)  the area shall include a United States census tract or tracts [or
     4  block numbering area or areas, or portions  thereof,  each  full  census
     5  tract  or  portion of a block numbering area of] which, according to the
     6  most recent census data available, has:
     7    (A) a poverty rate of at least twenty percent for the  year  to  which
     8  the data relate;
     9    (B)  an  unemployment  rate of at least 1.25 times the statewide unem-
    10  ployment rate for the year to which the data relate; and
    11    (C) a population of at least two thousand.
    12    (ii) [lands nearby or contiguous to census tracts or  block  numbering
    13  areas  described in paragraph (i) of this subdivision may be eligible to
    14  be included within an empire zone if, upon the request of the applicant,
    15  the commissioner  finds,  in  accordance  with  regulations  promulgated
    16  pursuant  to  this  article, that such additional lands have significant
    17  potential for business development and job creation, which will  enhance
    18  economic   revitalization  of  the  zone  and  benefit  zone  residents;
    19  provided, however, that lands nearby shall not be  included  in  a  zone
    20  until the commissioner, in consultation with the director of the budget,
    21  promulgates regulations governing the inclusion of such lands;] portions
    22  of  superboundaries  may  also be located in census tracts contiguous to
    23  census tracts described in paragraph (i) of this subdivision;
    24    (iii) [the area proposed as an empire zone shall not exceed:
    25    two square miles for any zone, such area shall be defined  by  one  or
    26  more  borders,  which  borders  shall be determined by the applicant and
    27  need not be entirely coterminous with the borders of  census  tracts  or
    28  block numbering areas provided, however, that such zone shall be located
    29  entirely  within  traditional  neighborhood or community boundaries, and
    30  where appropriate, be bounded by  major  natural  or  man-made  physical
    31  boundaries,  such  as bodies of water, railroad lines, or limited access
    32  highways, provided, however, that not less than seventy-five percent  of
    33  the area proposed as an empire zone created pursuant to paragraphs (vii)
    34  and  (viii)  of  subdivision  (b)  of section nine hundred sixty of this
    35  article shall be located in not more than  three  non-contiguous  areas,
    36  and the zones created pursuant to paragraph (viii) of subdivision (b) of
    37  section  nine  hundred  sixty  of  this article should be limited to one
    38  square mile;
    39    (iv)] if [such] the superboundary area is governed by zoning  laws  or
    40  other  laws  or regulations governing land use, such laws or regulations
    41  must allow at least twenty-five percent of such  area  to  be  used  for
    42  commercial or industrial activity;
    43    [(v)]  (iv)  at  least  twenty-five  percent  of the total land within
    44  [such] the superboundary area must be  vacant,  abandoned  or  otherwise
    45  available for industrial or commercial development or redevelopment; and
    46    [(vi)]  (v)  such  other  requirements  as may be established in regu-
    47  lations promulgated by the commissioner with the approval of the  direc-
    48  tor of the budget and after consultation with the commissioner of labor,
    49  including but not limited to:
    50    (A)  a  comprehensive  demonstration  of  chronic  and severe economic
    51  distress and the reasons therefor as evidenced by population and employ-
    52  ment decline, increase in unemployment and public assistance recipients,
    53  decline in real property values, relative decline in per capita  income,
    54  the extent of abandoned property and deteriorated industrial, commercial
    55  and  residential  properties, a decline in the number of business estab-
    56  lishments, obsolescence in plant capacity, loss of  markets  to  foreign
        S. 6060                            64                            A. 9560
 
     1  competition,  the  unavailability of expansion financing, poor access to
     2  markets, the retirement of local owners of companies;
     3    (B)  a  demonstration  of the potential of the area to attract private
     4  investment that will provide employment to persons in the area  who  are
     5  unemployed or economically disadvantaged;
     6    (C) a demonstration of substantial public and private commitments to a
     7  long-term  economic  revitalization  program  for the area and the local
     8  capacity to manage such a program;
     9    (D) a demonstration of the manner in which the superboundary  area  is
    10  consistent  with the empire zone development plan and a demonstration of
    11  the manner in which the overall [economic] empire zone development  plan
    12  enunciates the needs of the area and sets forth proposals to solve them;
    13  and
    14    (E)  a  demonstration  of the manner in which progress in implementing
    15  the zone development plan will be routinely evaluated on the local level
    16  and how information essential for periodic evaluations will be compiled.
    17    Such regulations may require a demonstration of  a  decline  in  popu-

    18  lation,  a decline in employment, an increase in unemployment, a decline
    19  in real property values, a relative decline in per  capita  income,  the
    20  extent of abandoned property and deteriorated industrial, commercial and
    21  residential  property,  a  decline  in the number of business establish-
    22  ments, and other indicators of severe economic distress.
    23    (vi) the area proposed as an empire zone under this subdivision  shall
    24  not exceed two square miles that shall be defined by a legal description
    25  that may describe all or a portion of a tax parcel or tax parcels.
    26    (b)  Notwithstanding  the provisions of [paragraph (i) of] subdivision
    27  (a) of this section, any county in which the average rate  of  unemploy-
    28  ment  in  the  two  most recent calendar years was at least one and one-
    29  quarter times the state average for those years and in which the rate of
    30  poverty for individuals was at least thirteen percent according  to  the
    31  most  recent  census data available, and which does not contain a census
    32  tract or tracts, [portion of a block numbering area or a city,  town  or
    33  village]  which  meets  the  criteria specified in such paragraph (i) of
    34  subdivision (a), may apply for designation of an area within  a  munici-
    35  pality  as  an  empire zone. The area proposed for designation shall [be
    36  characterized  by  pervasive  poverty,  high  unemployment  and  general
    37  economic distress.] meet the following requirements:
    38    (i)  the  area proposed as an empire zone under this subdivision shall
    39  not exceed two square miles that shall be defined by a legal description
    40  that may describe all or a portion of a tax parcel or tax parcels;
    41    (ii) at least sixty percent of the total empire  zone  area  shall  be
    42  located within census tracts that have rates of unemployment and poverty
    43  which  exceed the countywide unemployment and poverty rates or for coun-
    44  ties with a population of under one hundred thousand census tracts  that
    45  have  rates of unemployment or poverty which exceed the countywide unem-
    46  ployment or poverty rates according  to  the  most  recent  census  data
    47  available,  provided, however, such empire zone area shall be located in
    48  no more than six targeted areas; and
    49    (iii) up to forty percent of the total empire zone area may be  placed
    50  in a location other than as described in paragraph (ii) of this subdivi-
    51  sion;   provided,  however,  such  designation  is  to  accommodate  the
    52  attraction or expansion of a significant project within the county.
    53    (c) Notwithstanding the provisions of [paragraph (i)  of  subdivision]
    54  subdivisions  (a)  and  (b)  of  this  section, any county may apply for
    55  designation of an area within a municipality as an empire zone  provided
    56  that the following requirements are met:
        S. 6060                            65                            A. 9560
 
     1    (i) at the time of application, the unemployment rate of the metropol-
     2  itan  statistical  area must exceed the national average of unemployment
     3  and the metropolitan statistical area must have experienced or is likely
     4  to experience within three years the lesser of a loss of  four  thousand
     5  direct jobs or a dislocation of workers equal to one-half percent of the
     6  employed  population  of  the metropolitan statistical area and at least
     7  fifty percent of the job loss or dislocation of workers must result from
     8  the action of a single employer, or eighty percent of such job  loss  or
     9  dislocation must occur in a single standard industry classification (two
    10  digit code); or
    11    (ii)  at  the time of application, the unemployment rate of the metro-
    12  politan statistical area must be equal to  or  less  than  the  national
    13  average  of unemployment and the metropolitan statistical area must have
    14  experienced or is likely to experience within three years the lesser  of
    15  a  loss  of eight thousand direct jobs or a dislocation of workers equal
    16  to one percent of the employed population of  the  metropolitan  statis-
    17  tical  area and at least fifty percent of the job loss or dislocation of
    18  workers must result from the action of  a  single  employer,  or  eighty
    19  percent  of such job loss or dislocation must occur in a single standard
    20  industry classification (two digit code); or
    21    (iii) at the time of application, the unemployment rate of  the  labor
    22  market  area  must  exceed  the national average of unemployment and the
    23  labor market area must have experienced or is likely to experience with-
    24  in three years the lesser of a loss of five hundred  direct  jobs  or  a
    25  dislocation  of  workers equal to two percent of the employed population
    26  of the labor market area; or
    27    (iv) at the time of application, the unemployment rate  of  the  labor
    28  market  area must be equal to or less than the national average of unem-
    29  ployment and the labor market area must have experienced or is likely to
    30  experience within three years the lesser  of  a  loss  of  one  thousand
    31  direct  jobs  or  a  dislocation of workers equal to four percent of the
    32  employed population of the labor market area; or
    33    (v) at the time of application, the municipality is declared a natural
    34  disaster area by the president of the United States; or
    35    (vi) at the time of application, the municipality contains:
    36    (A) a defense or military base or facility which has  been  designated
    37  for closure or realignment; or
    38    (B)  a  state-operated hospital or facility listed in sections 7.17 or
    39  13.17 of the mental hygiene law which has been designated by either  the
    40  commissioner  of mental health or the commissioner of mental retardation
    41  and  developmental  disabilities  for  contraction  or  discontinuance[.
    42  Provided  however,  that not more than one-third of the zones designated
    43  pursuant to paragraph (iii) or (iv) of subdivision (b) of  section  nine
    44  hundred  sixty,  shall  be based on applications filed pursuant to para-
    45  graph (vi) of this subdivision.]; and
    46    (vii) the area proposed as an empire zone under this subdivision shall
    47  not exceed two square miles or one square mile for  local  empire  zones
    48  designated as such that shall be defined by a legal description that may
    49  describe all or a portion of a tax parcel or tax parcels; and
    50    (viii)  at  least sixty percent of the total empire zone area shall be
    51  located within census tracts that have rates of unemployment and poverty
    52  which exceed the countywide unemployment and poverty rates, or for coun-
    53  ties with a population of under one hundred thousand census tracts  that
    54  have  rates of unemployment or poverty which exceed the countywide unem-
    55  ployment or poverty rates according  to  the  most  recent  census  data
        S. 6060                            66                            A. 9560
 
     1  available,  provided, however, such empire zone area shall be located in
     2  no more than six targeted areas; and
     3    (ix)  up  to  forty percent of the empire zone area may be placed in a
     4  location other than as described in paragraph (viii)  of  this  subdivi-
     5  sion;   provided,  however,  such  designation  is  to  accommodate  the
     6  attraction or expansion of a significant project within the county.
     7    (d) Notwithstanding the provisions of [paragraph (i)  of  subdivision]
     8  subdivisions  (a),  (b)  and  (c)  of this section, any municipality may
     9  apply for designation as [an] a neighborhood revitalization empire  zone
    10  [for  an area which shall include a United States census tract or tracts
    11  or block numbering area or areas or portions thereof, each  full  census
    12  tract  or  portion  of  a block numbering area of which according to the
    13  most recent census data available has:].  To be eligible for designation
    14  as a neighborhood revitalization empire zone, the proposed  empire  zone
    15  area  must be located within a superboundary and such superboundary must
    16  be located in an area that must meet the following requirements:
    17    (i) at the time of application,  an  unemployment  rate  equal  to  or
    18  exceeding the unemployment rate of the state of New York;
    19    (ii) [a rate of poverty for individuals of at least twenty percent;
    20    (iii)  a  number of households receiving public assistance of fourteen
    21  percent or more;
    22    (iv) the municipality is considered a non-metropolitan area; and
    23    (v) there is no other empire zone in the county in  which  designation
    24  is  sought.]  portions  of superboundaries may also be located in census
    25  tracts contiguous to census tracts described in paragraph  (i)  of  this
    26  subdivision;
    27    (iii)  if  the  superboundary area is governed by zoning laws or other
    28  laws or regulations governing land use, such laws  or  regulations  must
    29  allow  at  least twenty-five percent of such area to be used for commer-
    30  cial or industrial activity;
    31    (iv) at least twenty-five percent of the total land within the  super-
    32  boundary  area  must  be  vacant,  abandoned  or otherwise available for
    33  industrial or commercial development or redevelopment; and
    34    (v) such other requirements  as  may  be  established  in  regulations
    35  promulgated by the commissioner with the approval of the director of the
    36  budget  and after consultation with the commissioner of labor, including
    37  but not limited to:
    38    (A) a comprehensive  demonstration  of  chronic  and  severe  economic
    39  distress and the reasons therefor as evidenced by population and employ-
    40  ment decline, increase in unemployment and public assistance recipients,
    41  decline  in real property values, relative decline in per capita income,
    42  the extent of abandoned property and deteriorated industrial, commercial
    43  and residential properties, a decline in the number of  business  estab-
    44  lishments,  obsolescence  in  plant capacity, loss of markets to foreign
    45  competition, the unavailability of expansion financing, poor  access  to
    46  markets, the retirement of local owners of companies;
    47    (B)  a  demonstration  of the potential of the area to attract private
    48  investment that will provide employment to persons in the area  who  are
    49  unemployed or economically disadvantaged;
    50    (C) a demonstration of substantial public and private commitments to a
    51  long-term  economic  revitalization  program  for the area and the local
    52  capacity to manage such a program;
    53    (D) a demonstration of the manner in which the superboundary  area  is
    54  consistent  with the empire zone development plan and a demonstration of
    55  the manner in which the overall empire zone development plan  enunciates
    56  the needs of the area and sets forth proposals to solve them; and
        S. 6060                            67                            A. 9560
 
     1    (E)  a  demonstration  of the manner in which progress in implementing
     2  the empire zone development plan will  be  routinely  evaluated  on  the
     3  local  level and how information essential for periodic evaluations will
     4  be compiled.  Such regulations may require a demonstration of a  decline
     5  in  population,  a decline in employment, an increase in unemployment, a
     6  decline in real property  values,  a  relative  decline  in  per  capita
     7  income,  the  extent  of abandoned property and deteriorated industrial,
     8  commercial and residential property, a decline in the number of business
     9  establishments, and other indicators of severe economic distress.
    10    (vi) the area proposed as an empire zone under this subdivision  shall
    11  not exceed two square miles that shall be defined by a legal description
    12  that may describe all or a portion of a tax parcel or tax parcels.
    13    (e)  The  empire  zones designation board may accept from an applicant
    14  seeking designation any data in lieu  of  census  data  supporting  such
    15  application as the commissioner deems to be reliable.
    16    (f)  Notwithstanding the provisions of subdivisions (a) through (d) of
    17  this section, the commissioner may designate each year areas  of  up  to
    18  one  non-contiguous  mile  in  total  which  will attract large projects
    19  involving job creation of at least three hundred new jobs in the  state,
    20  provided,  however, such area may not be designated within the metropol-
    21  itan  transportation  authority  district;  or  projects  involving  job
    22  creation  of at least one hundred new jobs provided such area is located
    23  within a census tract meeting the criteria of subdivision (a)   of  this
    24  section.    Unused acreage may be carried forward for use by the commis-
    25  sioner in subsequent calendar years.
    26    § 4. Section 959 of the general municipal law, as added by chapter 686
    27  of the laws of 1986, subdivision (a) as amended  and  subdivisions  (aa)
    28  and (bb) as added by chapter 170 of the laws of 1994, subdivision (e) as
    29  amended  by  chapter 385 of the laws of 1994, subdivisions (f), (h), and
    30  (j) as amended and subdivisions (l), (m), (n), (o), (q), (r), (s),  (t),
    31  (u),  (v),  (w), (x), (y) and (z) as added by chapter 708 of the laws of
    32  1993, subdivision (i) as amended by chapter 624 of  the  laws  of  1990,
    33  subdivision  (p) as amended by chapter 301 of the laws of 1996, and such
    34  section as further amended by section 15 of part GG of chapter 63 of the
    35  laws of 2000, is amended to read as follows:
    36    § 959. Responsibilities of the commissioner. The commissioner shall:
    37    (a) After consultation with the director of the  budget,  the  commis-
    38  sioner  of  labor, and the commissioner of taxation and finance, promul-
    39  gate regulations governing (i) criteria of eligibility for  empire  zone
    40  designation,  provided,  however,  that such criteria be approved by the
    41  director of the budget; (ii) the application process;  (iii)  the  joint
    42  certification  by  the  commissioner, the commissioner of labor, and, in
    43  the case of an empire zone, the local empire zone  [certification  offi-
    44  cer]  coordinator,  as  to  the  eligibility of business enterprises for
    45  benefits referred to in section nine hundred sixty-six of this  article,
    46  provided, however, that a business enterprise that has shifted its oper-
    47  ations, or some portions thereof, from an area within New York state not
    48  designated  as  an  empire  zone [or zone equivalent area] to an area so
    49  designated shall not be certified to receive such benefits except  where
    50  such  shift  is  entirely within a municipality and has been approved by
    51  the local governing body of such municipality or in situations where  it
    52  has been established, after a public hearing, that extraordinary circum-
    53  stances  exist  which  warrant the relocation of a business, in whole or
    54  part, into an empire zone or a zone equivalent area from another munici-
    55  pality and the  municipality  from  which  the  business  is  relocating
    56  approves of such relocation; or where such shift in operations is from a
        S. 6060                            68                            A. 9560
 
     1  business incubator facility operated by a municipality or by a public or
     2  private  not-for-profit entity which provides space and business support
     3  services to newly established firms; and (iv) the joint  decertification
     4  by  the  commissioner, the commissioner of labor, and, in the case of an
     5  empire zone, the local empire zone [certification  officer]  coordinator
     6  so  as  to revoke the certification of business enterprises for benefits
     7  referred to in section nine  hundred  sixty-six  of  this  article  with
     8  respect  to an empire zone [or zone equivalent area] upon a finding that
     9  (1) the business enterprise made material misrepresentations of fact  on
    10  its  application for certification, or the business enterprise failed to
    11  disclose facts in its application for certification that  would  consti-
    12  tute  grounds  for  not issuing a certification; (2) the business enter-
    13  prise has failed to  construct,  expand,  rehabilitate  or  operate  its
    14  facility  substantially in accordance with the representations contained
    15  in its application for certification; (3) the  business  enterprise  has
    16  failed  to  create new employment or prevent a loss of employment in the
    17  empire zone [or zone equivalent area] provided, however, that such fail-
    18  ure was not due to economic circumstances or conditions which such busi-
    19  ness could not anticipate or which were beyond its  control;  (4)  where
    20  applicable,  the  business  enterprise  has  failed  to submit an annual
    21  report after it has applied for zone incentives  or  program  assistance
    22  based  on new hires or investments or failed to submit other information
    23  to the local empire zone [certification officer] coordinator  when  due;
    24  or  (5)  the business enterprise has committed substantial violations of
    25  laws for the protection of workers  including  all  federal,  state  and
    26  local  labor  laws, rules or regulations; said regulations shall provide
    27  that whenever any business enterprise is decertified with respect to  an
    28  empire  zone  [or  zone equivalent area]:  (A) the date determined to be
    29  the earliest  event  constituting  grounds  for  revoking  certification
    30  [shall]  may be the effective date of decertification; (B) its certified
    31  single enterprise, if any, may also be decertified; and (C) the  commis-
    32  sioner  shall  notify the commissioner of taxation and finance that such
    33  decertification has occurred, and such notification should  include  the
    34  effective  date of such decertification and the zone [or zone equivalent
    35  area] to which such decertification applies;
    36    (b) Receive and review applications for designation of areas as empire
    37  zones;
    38    (c) Make recommendations to the empire  zones  designation  board  for
    39  designation  of  areas as empire zones, provided, however, that all such
    40  areas recommended by the commissioner shall  meet  the  requirements  of
    41  this article;
    42    (d)  Review  new  applications  to  replace  any previously designated
    43  empire zone the designation of which has been terminated or withdrawn;
    44    (e) File notice of the designation or redesignation of an empire  zone
    45  or  of  the  revision or termination of such designation with the appli-
    46  cant, the department of taxation and finance, the  secretary  of  state,
    47  with the county, city, town or village clerk of each county, city, town,
    48  or  village, respectively, in which the empire zone is located, with the
    49  school district governing body in which the empire zone is located, with
    50  the state board of real property services and with other state and local
    51  entities; provided, however, that such notice  shall  specify  the  date
    52  such  action  was  taken  and  shall contain a description sufficient to
    53  identify the empire zone, including the names of the  abutting  streets,
    54  roads,   highways,  bodies  of  water,  or  other  identifying  physical
    55  features;
        S. 6060                            69                            A. 9560
 
     1    (f) [Request, and shall receive from any department, division,  board,
     2  bureau, commission, agency or public authority of the state such assist-
     3  ance  as  may be necessary to establish a procedure whereby applications
     4  submitted by business entities, community-based organizations,  not-for-
     5  profit organizations, human service agencies, labor unions and municipal
     6  agencies  located  within  an empire zone requesting financial and other
     7  assistance provided by state programs, including, but  not  limited  to,
     8  capital  development,  human  resource development, business assistance,
     9  job training and job placement shall, consistent with  federal  law,  be
    10  given  priority  over  applications submitted by entities not located in
    11  empire zones;] In consultation with the  director  of  the  budget,  the
    12  commissioner  of  labor  and  the  commissioner of taxation and finance,
    13  establish performance measures for determining the economic and revital-
    14  ization  impacts  of  the  empire  zones  program.  Establish  reporting
    15  requirements  to  evaluate  local  zone  performance  in relation to the
    16  performance measures and review zone performance with  zone  boards  and
    17  zone  administrative  entities  as  part  of  the  annual administrative
    18  contract process;
    19    (g) [Establish a priority for the allocation  of  authority  to  issue
    20  private  activity  bonds  for the benefit of municipalities and business
    21  enterprises located or to be located within empire zones;] Request,  and
    22  shall  receive from any state agency or authority such assistance as may
    23  be necessary or desirable to assist  local  empire  zone  administrative
    24  boards with economic and revitalization efforts in the empire zone;
    25    (h)  [Coordinate,  with the local empire zone administrative board and
    26  state agencies and authorities, the provision  of  business  development
    27  programs  and  services  for  each empire zone in order to stimulate the
    28  creation and development of new small businesses,  including  new  small
    29  minority-owned and women-owned business enterprises, and may request and
    30  shall  receive from any department, division, board, bureau, commission,
    31  agency or public authority of the state such assistance as may be neces-
    32  sary;] Receive and review a plan submitted  by  the  local  empire  zone
    33  administrative  board  demonstrating  the  commitment of local resources
    34  addressing workforce training and human resource development in order to
    35  match the needs of zone businesses with the residents of the zone commu-
    36  nity, increased participation of  minority  and  women-owned  businesses
    37  within  the zones program, technical assistance for small businesses and
    38  entrepreneurs located within the zone, increased child care availability
    39  within the zone community, and increased access  to  affordable  housing
    40  for residents within the zone community.
    41    (i)  [Coordinate with the comptroller and the commissioner of taxation
    42  and finance a linked deposit program. The comptroller  and  the  commis-
    43  sioner  of  taxation  and finance are hereby authorized and empowered to
    44  enter into agreements with financial institutions located in or  serving
    45  the  empire  zones,  to  provide  for  the deposit of funds administered
    46  jointly by them in such institutions, at reduced rates of return to  the
    47  state,  in  return for commitments by such institutions to businesses of
    48  loans of comparable amounts, at reduced  interest  rates,  for  business
    49  development  projects  in  the zones that will create or preserve jobs.]
    50  Prepare in conjunction with the department of taxation  and  finance  an
    51  annual  report to include, but not be limited to, the following informa-
    52  tion, derived from the most recent data to the extent that it is  avail-
    53  able,  and  in  a manner consistent with the secrecy requirements of the
    54  tax law:
        S. 6060                            70                            A. 9560
 
     1    (i) the number of taxpayers claiming each of the tax credits set forth
     2  in section nine hundred sixty-six of this article in the  state  and  in
     3  each empire zone; and
     4    (ii)  the  total  dollar value of each of the tax credits set forth in
     5  section nine hundred sixty-six of this article in the state and in  each
     6  empire zone.
     7    (j) [Assist each local empire zone board in preparing a small business
     8  assistance  plan as required by section nine hundred sixty-three of this
     9  article and coordinate with the local empire zone  administrative  board
    10  and  state  agencies  and  authorities the development of small business
    11  procurement, export and marketing programs  for  businesses  within  the
    12  empire  zones]  Prepare,  or  cause to be prepared, an annual report and
    13  submit copies to the department of  audit  and  control,  department  of
    14  taxation  and  finance,  the  temporary president of the senate, and the
    15  speaker of the assembly on or before the thirty-first  day  of  December
    16  next  succeeding the year to which the report pertains, regarding empire
    17  zone activities, including information which would allow for substantive
    18  review of the zone's strategies and progress of the zone in meeting  its
    19  short-term  objectives, and an analysis of the extent to which the long-
    20  term goals set forth in the empire zone application have been  met.  The
    21  zone  administrative  entities  and  other  local officials and agencies
    22  shall fully cooperate with the commissioner in  the  annual  performance
    23  review  and  in the board's performance of its other duties. Local offi-
    24  cials, state agencies, and certified businesses shall  provide  informa-
    25  tion  requested  by the commissioner which is necessary for such review.
    26  Such report shall also include a current  description  of  the  specific
    27  strategies  and  priorities  for  economic  revitalization  of the zone,
    28  including, but not limited to: the number of jobs created; the number of
    29  jobs retained; the amount  of  private  capital  leveraged  with  public
    30  funds;  the number of businesses expanded or retained and new businesses
    31  created, and the type of businesses expanded, retained  or  created,  as
    32  well as consideration of the improvements in the physical infrastructure
    33  of  the zone. The commissioner shall promulgate rules and regulations to
    34  set forth standards to be used to measure performance against objectives
    35  on an annual basis in order  to  facilitate  the  requirements  of  this
    36  subdivision.
    37    [(k)  Review  a  plan  submitted  no later than December thirty-first,
    38  nineteen hundred eighty-seven, by the urban development corporation  and
    39  the  job development authority, for extending to minority or women-owned
    40  contracting companies which are endeavoring to secure work  on  projects
    41  in  the zones, surety guarantees assistance and such other assistance as
    42  may be required by such firms which currently is unavailable from  other
    43  sources.]  (k)  Secure,  from an entity independent of the department of
    44  economic development, a comprehensive evaluation of the  performance  of
    45  the zones program and of individual zones with respect to accomplishment
    46  of the objectives of the zones program and of local empire zone develop-
    47  ment  plans.  Such  evaluation  shall  be completed no later than August
    48  first, two thousand eight and be submitted by the department of economic
    49  development to the governor, temporary president and majority leader  of
    50  the senate, and the speaker of the assembly.
    51    (l) Certify, for the purposes of paragraph three of subdivision (d) of
    52  section  fifteen of the tax law, a significant investment made within an
    53  empire zone as a qualified empire zone investment pursuant  to  criteria
    54  established  in  rules  and regulations, approved by the director of the
    55  budget and promulgated by the  commissioner,  to  include,  but  not  be
    56  limited to, the following:  investments occurring in a tax year starting
        S. 6060                            71                            A. 9560
 
     1  on  or after January first, two thousand five by a qualified empire zone
     2  enterprise must be made in a census tract which meets the criteria spec-
     3  ified in paragraph (i)  of  subdivision  (a)  of  section  nine  hundred
     4  fifty-eight of this article or in a targeted area as defined in subdivi-
     5  sion (t) of section nine hundred fifty-seven of this article.
     6    [(l)  Promulgate regulations, in consultation with the commissioner of
     7  labor, for program evaluation and coordinate implementation of an evalu-
     8  ation system, which is capable of compiling and analyzing  accurate  and
     9  consistent  information necessary for an assessment of whether statutory
    10  objectives and criteria are being met;
    11    (m) Review performance objectives and progress in  meeting  objectives
    12  with  zone boards and zone administrative entities as part of the annual
    13  administrative contract process;
    14    (n) Assist zone boards and zone administrative entities to effect  and
    15  implement  job  training  and  social  services  agreements and programs
    16  provided for in paragraphs (v), (vi) and (vii)  of  subdivision  (b)  of
    17  section nine hundred sixty-three of this article and request and receive
    18  from  any  agency  or  authority  of the state such assistance as may be
    19  necessary to improve the delivery and  coordination  of  human  resource
    20  development programs to the zones;
    21    (o)  Assist zones in increasing their child care capacity and in plan-
    22  ning special care  activities,  including  the  provision  of  technical
    23  assistance by the department in planning for the provision of child care
    24  services in the zones;
    25    (p)  Coordinate  with  the  department  of  labor, the state education
    26  department, the job training partnership council  and  agencies  of  the
    27  state the inclusion in annual and biennial plans of such entities strat-
    28  egies  for  increasing and improving human resource development services
    29  on a priority basis, consistent with federal  statutory  and  regulatory
    30  requirements,  to  residents  of  the  zones and employees of zone busi-
    31  nesses, including, but not limited to, the governor's plan  for  coordi-
    32  nation and special services of the job training partnership council, the
    33  jobs  plan  and Wagner-Peyser annual plan for services of the department
    34  of labor, and the career education state plan  of  the  state  education
    35  department;
    36    (q) Arrange with the job training partnership council the provision of
    37  job  training  partnership  act  funds for use within the zones with the
    38  cooperation of the service delivery areas in  the  governor's  plan  for
    39  coordination and special services;
    40    (r)  Subject  to the availability of funds, arrange for the allocation
    41  and reservation of funds from the infrastructure improvement programs of
    42  state agencies and authorities  to  assist  the  zones  to  make  public
    43  improvements necessary for community, commercial, industrial and tourism
    44  development projects in support of zone revitalization;
    45    (s)  Systematically  enlist  other  state  agencies and authorities to
    46  participate in zone programs and projects and in cooperative planning of
    47  interagency zone activities in support of zone revitalization efforts;
    48    (t) Recommend for economic development loan and grant programs of  the
    49  department  of  economic development, urban development corporation, job
    50  development authority, and science  and  technology  foundation  special
    51  terms and conditions for viable zone projects and programs;
    52    (u)  Award  preference  to be given to applications submitted by or on
    53  behalf of zones for entrepreneurial assistance  programs  under  article
    54  nine  of the omnibus economic development act of nineteen hundred eight-
    55  y-seven to support the creation of new entrepreneurial  development  and
    56  entrepreneurial support centers;
        S. 6060                            72                            A. 9560

     1    (v)  Review a program plan and guidelines submitted by the division of
     2  minority and women's business development of the department of  economic
     3  development  no  later than March thirty-first, nineteen hundred ninety-
     4  four for expedited review of applications by zone businesses for certif-
     5  ication as minority or women-owned businesses;
     6    (w) Review a program plan and guidelines submitted no later than March
     7  thirty-first,  nineteen  hundred  ninety-four  by  the  job  development
     8  authority for extending to small businesses within the zones, subject to
     9  funds availability, guarantees of performance bonds  or  bid  bonds  for
    10  construction,  service  and  manufacturing contracts with federal, state
    11  and local government agencies and authorities, as well  as  the  private
    12  sector;
    13    (x)  Review  a  program  plan  submitted by the department of labor no
    14  later than March thirty-first,  nineteen  hundred  ninety-four  for  the
    15  establishment  by  the  department of a community service center, to the
    16  extent practicable, in or immediately adjacent to each zone;
    17    (y) Coordinate with the urban development corporation the creation  of
    18  a  special category of assistance for zones within the regional economic
    19  development partnership program,  which  will  make  available  economic
    20  development  assistance grants for zone programs and activities, includ-
    21  ing, but not limited  to,  planning,  service  coordination,  and  local
    22  institutional capacity building for human resource development necessary
    23  for  economic revitalization; planning and development of small business
    24  incubators; job placement and preparedness programs for zones residents;
    25  education and training programs for zone businesses; child care programs
    26  and projects supportive of business  development;  technical  assistance
    27  for  minority  and  women-owned  business development; training for zone
    28  officials; business and tourism development and marketing programs;  and
    29  other  innovative  programs  and  activities  in support of economic and
    30  community development within the zones; and
    31    (z) Assist in the development of a  plan,  in  coordination  with  the
    32  health  and insurance departments, to assist zones in obtaining afforda-
    33  ble employee health insurance for  small  business  enterprises  located
    34  within the zone.
    35    (aa)  Jointly certify, pursuant to regulations promulgated pursuant to
    36  this article, together with the commissioner of  labor,  those  business
    37  enterprises,  located  in  a zone equivalent area, which are eligible to
    38  receive the benefits  described  in  subdivision  (e)  of  section  nine
    39  hundred  sixty-six of this article. Such certification shall be consist-
    40  ent with the principles set forth in section nine hundred sixty-three of
    41  this article with respect to empire zones.
    42    (bb) Designate as zone equivalent areas those census tracts and  block
    43  numbering areas which, as of the nineteen hundred ninety census, satisfy
    44  the  criteria set forth in subparagraphs (A) and (B) of paragraph (i) of
    45  subdivision (a) of section nine hundred  fifty-eight  of  this  article.
    46  Such  designation  shall be made, and a list of all such zone equivalent
    47  areas shall be promulgated, not  later  than  June  thirtieth,  nineteen
    48  hundred ninety-four.]
    49    §  5.    Section 960 of the general municipal law, as added by chapter
    50  686 of the laws of 1986, subdivisions (b), (c) and  (e)  as  amended  by
    51  chapter  624  of the laws of 1990, paragraph (iii) of subdivision (b) as
    52  amended and paragraph (iv) of subdivision (e) as added by chapter 708 of
    53  the laws of 1993, paragraph (iv) of subdivision (b) as amended by  chap-
    54  ter 704 of the laws of 1996, paragraph (v) of subdivision (b) as amended
    55  by chapter 492 of the laws of 1999, paragraph (vi) of subdivision (b) as
    56  amended  by section 3 of part Q of chapter 84 of the laws of 2002, para-
        S. 6060                            73                            A. 9560
 
     1  graphs (vii) and (viii) of subdivision (b) as added by section 4 of part
     2  Q of chapter 84 of the laws of 2002, the opening paragraph of  paragraph
     3  (iv)  of  subdivision (e) as amended by chapter 537 of the laws of 1996,
     4  and  such section as further amended by section 15 of part GG of chapter
     5  63 of the laws of 2000, is amended to read as follows:
     6    § 960. Designation of empire zones. (a) The empire  zones  designation
     7  board is hereby created. Such board shall consist of the commissioner of
     8  taxation  and  finance,  the director of the budget, the commissioner of
     9  labor and two members to be appointed by the governor; one member to  be
    10  appointed  by  the  temporary  president of the senate; one member to be
    11  appointed by the speaker of the assembly; and  two  non-voting  members,
    12  one  of whom shall be appointed by the minority leader of the senate and
    13  one of whom shall be appointed by the minority leader of  the  assembly.
    14  The  governor shall designate from among the voting members the chairman
    15  of the board.
    16    (b) The empire zones designation board shall  designate  empire  zones
    17  under  subdivisions (a), (b), (c) and (d) of section nine hundred fifty-
    18  eight of this article from the recommendations made by  the  commission-
    19  er[:
    20    (i)  Within  eighteen months after the effective date of this article,
    21  not more than ten empire zones;
    22    (ii) In the period commencing eighteen months and ending  three  years
    23  after  the effective date of this article, not more than nine additional
    24  empire zones until a maximum of nineteen empire zones have  been  estab-
    25  lished statewide;
    26    (iii)  In  the  period  commencing  three years and ending eight years
    27  after the effective date of this article, not more  than  fifteen  addi-
    28  tional empire zones;
    29    (iv) In the period commencing five years and ending nine years and six
    30  months after the effective date of this article, not more than six addi-
    31  tional empire zones;
    32    (v)  In  the  period  commencing  nine  years and six months after the
    33  effective date of this article, not more than twelve  additional  empire
    34  zones  each  which  shall contain a defense or military base or facility
    35  which has been designated for closure or realignment or a site currently
    36  or formerly owned or operated by either the (1) United  States  military
    37  or  (2)  a  defense  contractor  whose  employment in New York state was
    38  adversely affected by a reduction in military spending;
    39    (vi) In the period commencing thirteen years after the effective  date
    40  of  this  article,  not  more than fourteen additional empire zones, not
    41  less than three of which shall be designated pursuant  to  the  criteria
    42  set forth in subdivision (d) of section nine hundred fifty-eight of this
    43  article;
    44    (vii)  In the period commencing fifteen years after the effective date
    45  of this article, not more than four  additional  empire  zones,  all  of
    46  which shall be designated pursuant to the criteria set forth in subdivi-
    47  sions  (a), (b), (c) and (d) of section nine hundred fifty-eight of this
    48  article;
    49    (viii) In the period commencing fifteen years after the effective date
    50  of this article, not more than two additional empire zones, all of which
    51  shall be designated pursuant to the criteria set forth  in  subdivisions
    52  (a),  (b), (c) and (d) of section nine hundred fifty-eight of this arti-
    53  cle] upon legislative authorization.
    54    (b-1) The commissioner may designate empire  zones  under  subdivision
    55  (f)  of section nine hundred fifty-eight of this article in consultation
        S. 6060                            74                            A. 9560
 
     1  with the director of the budget, the commissioner of  labor,  and  local
     2  officials.
     3    (c)  In reviewing applications for designation of an area as an empire
     4  zone, the board shall consider the level of local participation  includ-
     5  ing, but not limited to, local tax incentives and the provision of local
     6  services.
     7    (d)  Notwithstanding  any  other provision of this article, such zones
     8  designated, shall be, as far as practicable, equally distributed between
     9  urban, suburban and rural areas.
    10    [(e) (i) The department of audit and control, the department of  taxa-
    11  tion and finance, the department of economic development, and the legis-
    12  lative  commission  on  expenditure  review shall prepare reports on the
    13  management and the economic and fiscal impact of empire zones. The anal-
    14  ysis of the fiscal  and  economic  impact  of  the  empire  zones  shall
    15  include,  but  not  be limited to, a review of the cost of providing the
    16  tax benefits referred to in section nine hundred sixty-six of this chap-
    17  ter and the amount  of  real  property  tax  increments  segregated  for
    18  infrastructure  improvements  as  authorized  by  section  nine  hundred
    19  sixty-seven of this chapter. Such reports shall be  transmitted  to  the
    20  governor,  the  legislature and the commission by September first, nine-
    21  teen hundred ninety.
    22    (ii) A commission, whose maximum duration shall be six  months,  shall
    23  be created to evaluate and recommend whether the program should continue
    24  in operation, or whether it should be changed in some manner, or whether
    25  the  powers  of  the  empire  zone  designation board to designate zones
    26  should be discontinued.  The  commission  shall  be  composed  of  seven
    27  members,  with  the  chairperson and four other members appointed by the
    28  governor, one member appointed by the temporary president of the  senate
    29  and one member appointed by the speaker of the assembly.
    30    (iii)  The  commission shall report its findings by March first, nine-
    31  teen hundred ninety-one, to the governor and the legislature with recom-
    32  mendations of changes necessary. Notwithstanding any other provision  of
    33  law,  no  further  applications  for  empire  zone  designation shall be
    34  approved by the empire zone designation board created pursuant  to  this
    35  section if the commission report shall have recommended the discontinua-
    36  tion of the program.
    37    (iv)  An entity independent of the department shall conduct and submit
    38  to the governor and the legislature by no later  than  December  thirty-
    39  first,  nineteen  hundred  ninety-six, a comprehensive evaluation of the
    40  performance of the zones program and  of  individual  zones  on  meeting
    41  criteria established pursuant to this section. The criteria by which the
    42  empire  zones  program  and  individual  zones are to be evaluated shall
    43  include, but not be limited to, the following:
    44    (1) whether quantifiable benefits attributable to the program  justify
    45  its direct costs to the state and participating localities;
    46    (2) whether the program has contributed to the economic revitalization
    47  of the zones by stimulating (A) the creation and retention of permanent,
    48  full-time,  quality  private sector jobs; (B) the creation, location and
    49  expansion of businesses in the zones; (C)  capital  and  human  resource
    50  investments  by  zone  businesses  and new business development; and (D)
    51  public and private investments  in  zone  businesses  and  economic  and
    52  community development activities important for economic revitalization;
    53    (3)  whether  the program has created employment and business develop-
    54  ment opportunities for residents of the zones and job training  opportu-
    55  nities for residents and employees of zone businesses;
        S. 6060                            75                            A. 9560

     1    (4)  whether  the  program  has (A) resulted in new and improved local
     2  administrative capacity within the zones to plan for and capture econom-
     3  ic opportunities and deliver  and  coordinate  economic,  community  and
     4  human  resource  development  services, and (B) increased commitments of
     5  local resources to zone revitalization, including support from the busi-
     6  ness community;
     7    (5)  whether the program has stimulated assistance from state, federal
     8  and other economic, community and human  resource  development  programs
     9  relative  to  other  areas and improved the delivery and coordination of
    10  state services to the zones; and
    11    (6) whether the program is being managed and evaluated effectively  at
    12  state and local levels.]
    13    §  6.  Paragraph (i) of subdivision (a) and paragraph (vi) of subdivi-
    14  sion (b) of section 961 of the general municipal law, paragraph  (i)  of
    15  subdivision  (a)  as added by chapter 686 of the laws of 1986, paragraph
    16  (vi) of subdivision (b) as amended by chapter 624 of the laws  of  1990,
    17  and  paragraph  (i)  of subdivision (a) as amended and paragraph (vi) of
    18  subdivision (b) as further amended by section 15 of part GG  of  chapter
    19  63 of the laws of 2000, are amended to read as follows:
    20    (i)  a  city, town or village shall not be authorized and empowered to
    21  apply for designation of an area as an  empire  zone  which  is  located
    22  wholly  or  partly  within  [a village] another municipality unless such
    23  action is concurred in by the governing body of such  [village]  munici-
    24  pality, and that a county shall not be authorized and empowered to apply
    25  for  designation  of  an  area  as  an empire zone unless such action is
    26  concurred in by the governing body of each  city,  town  or  village  in
    27  which such zone is located; and
    28    (vi)  include  a statement from the private industry council governing
    29  board of the service delivery area established under the  [job  training
    30  partnership  act  (P.L.  97-300,  as  amended)] workforce investment act
    31  (P.L. 105-220) as a dislocated  worker  or  low-income  individual  that
    32  encompasses  the proposed empire zone setting forth the assistance to be
    33  provided and the resources to be allocated for the training of residents
    34  in the area and the operation of job training programs;
    35    § 7. Section 962 of the general municipal law is REPEALED  and  a  new
    36  section 962 is added to read as follows:
    37    §  962.  Empire  zone development plan.  By December thirty-first, two
    38  thousand four, and every three years thereafter, in a  form  and  manner
    39  prescribed  by  the  commissioner, each local empire zone administrative
    40  board shall prepare and file a zone development plan  with  the  commis-
    41  sioner that demonstrates how the empire zone conforms with the land use,
    42  economic development and revitalization plan of the applicant.
    43    (a)  The zone development plan shall include, but shall not be limited
    44  to an identification, where applicable, of the specific geographic areas
    45  within the applicant community that will be targeted for development  or
    46  revitalization as the empire zone, which shall include:
    47    (i) an assessment of each area's strengths and weaknesses, including a
    48  description  of  how  the  empire  zone  benefits can capitalize on each
    49  area's strengths and overcome its weaknesses;
    50    (ii) a description of the financial commitments which the applicant is
    51  prepared to make to the specific geographic areas,  including,  but  not
    52  limited  to,  specific  commitments  for  infrastructure improvements in
    53  those areas and a timetable for their completion;
    54    (iii) the types of industries and businesses that will be targeted for
    55  location or expansion in each area;
        S. 6060                            76                            A. 9560
 
     1    (iv) a description of the marketing strategy to  be  employed  by  the
     2  applicant to promote business development in the areas;
     3    (v)  a  detailed  explanation of the land use and economic development
     4  objectives of the applicant, including the types of industries and busi-
     5  nesses that will be targeted, the basis upon which such objectives  were
     6  established,  how the empire zone will contribute to the objectives; and
     7  what commitment of resources has been provided to achieve  these  objec-
     8  tives;
     9    (vi)  a  description  of  how  the  applicant will coordinate economic
    10  development programs and providers at the  local  level  to  develop  or
    11  revitalize the empire zone;
    12    (vii)  a description of other activities to be undertaken by municipal
    13  agencies, business  entities,  not-for-profit  corporations,  community-
    14  based organizations, or any other persons, within the applicant communi-
    15  ty, which are designed to promote private sector business investment and
    16  job development in the empire zone;
    17    (viii)  a description of the human resource development, job training,
    18  child care, and transportation services to be made  available  to  resi-
    19  dents  of  the applicant community in need of such services and how such
    20  services will be integrated with business development activities in  the
    21  empire zone; and
    22    (ix)  a  description of the business development programs and services
    23  of the applicant to be available to stimulate the creation of new  small
    24  businesses  in  the empire zone, including new small minority and women-
    25  owned business enterprises.
    26    (b) Prior to being submitted to the  commissioner  for  approval,  the
    27  empire  zone development plan shall be subject to a local public hearing
    28  to be held at least thirty days prior to approval of  the  plan  by  the
    29  governing  body of the applicant.  Each local zone shall annually submit
    30  an updated zone development policy to the commissioner by December thir-
    31  ty-first of each year. The zone development policy  shall  include,  but
    32  shall  not be limited to, specific criteria, derived from and consistent
    33  with the zone development plan, to be  used  for  determining  what  the
    34  proposed  empire  zone  boundaries  will  be for the upcoming year, what
    35  types of industries and businesses will be targeted, and thresholds  for
    36  investments and job creation required for placing zone boundaries around
    37  specific businesses.
    38    §  8.  Subdivision (a), paragraphs (i), (ii), (v), (xi) of subdivision
    39  (b), the opening paragraph and paragraph (vii) of  subdivision  (c)  and
    40  subdivision (d) of section 963 of the general municipal law, subdivision
    41  (a)  and  paragraphs  (i), (v) and (xi) of subdivision (b) as amended by
    42  chapter 708 of the laws of 1993, paragraph (ii) of  subdivision  (b)  as
    43  amended  by  chapter  537 of the laws of 1996, the opening paragraph and
    44  paragraph (vii) of subdivision (c) as added by chapter 442 of  the  laws
    45  of  1987, subdivision (d) as amended by chapter 624 of the laws of 1990,
    46  and subdivision (a), paragraphs (ii) and (v)  of  subdivision  (b),  the
    47  opening  paragraph  of  subdivision  (c)  and subdivision (d) as further
    48  amended by section 15 of part GG of chapter 63 of the laws of 2000,  are
    49  amended to read as follows:
    50    (a)  The  local  empire zone [certification officer] coordinator shall
    51  not serve on the local  empire  zone  administrative  board  and  shall,
    52  pursuant  to  regulations  promulgated pursuant to this article, jointly
    53  certify together with the commissioner and the  commissioner  of  labor,
    54  those  business  enterprises eligible to receive benefits referred to in
    55  section nine hundred sixty-six of this article; provided, however,  that
    56  such  certification  shall  be  governed  by criteria including, but not
        S. 6060                            77                            A. 9560
 
     1  limited to, (i)  whether  the  business  enterprise,  if  certified,  is
     2  reasonably  likely to create new employment or prevent a loss of employ-
     3  ment in the zone, (ii) whether such new employment opportunities will be
     4  for  individuals who will perform a substantial part of their employment
     5  activities in the zone, (iii) whether certification will have the  unde-
     6  sired effect of causing individuals to transfer from existing employment
     7  with another business enterprise to similar employment with the business
     8  enterprise  so  certified, and transferring existing employment from one
     9  or more other municipalities, towns or villages in the state, or  trans-
    10  ferring  existing  employment  from  one or more other businesses in the
    11  zone, (iv) whether such enterprise is likely  to  enhance  the  economic
    12  climate  of  the  zone, and (v) whether such business enterprise, during
    13  the three years preceding the submission of an application  for  certif-
    14  ication,  has  engaged  in  a  substantial  violation  or  a  pattern of
    15  violations of laws regulating unemployment  insurance,  workers  compen-
    16  sation,  public  work,  child labor, employment of minorities and women,
    17  safety and health, or other laws for the protection of workers as deter-
    18  mined by final judgment of a judicial or administrative proceeding;  and
    19  (vi)  whether  certification  of  such business enterprise is consistent
    20  with the local empire  zone  development  plan;  and  provided  further,
    21  however,  that any business enterprise that applies for any tax, utility
    22  rate, or management assistance benefits provided by this  article  shall
    23  provide ninety days written notice to the commissioner, the local empire
    24  zone [certification officer] coordinator, the local empire zone adminis-
    25  trative  board  and  the  employees  of  such business enterprise of any
    26  intent to close or partially close a facility within  the  empire  zone.
    27  For the purposes of this subdivision, "closing" shall mean the permanent
    28  termination  of employment at a business facility, and "partial closing"
    29  shall mean the permanent termination of a portion of the employment at a
    30  business facility that will either immediately reduce the work force  by
    31  at least fifty employees or will reduce the work force by at least fifty
    32  percent over a one-year period.
    33    (i)  [develop short-term goals for zone activities on an annual basis]
    34  submit a plan to the commissioner pursuant to subdivision (h) of section
    35  nine hundred fifty-nine of this article;
    36    (ii) [prepare, or cause to be prepared, an annual  report  and  submit
    37  copies  to  the  department of audit and control, department of taxation
    38  and finance, the temporary president of the senate, the speaker  of  the
    39  assembly  and  department of economic development on or before the first
    40  day of July next succeeding the  year  to  which  the  report  pertains,
    41  regarding  empire  zone  activities,  including  information which would
    42  allow for substantive review of the zone's strategies  and  progress  of
    43  the  zone  in  meeting its short-term objectives, and an analysis of the
    44  extent to which the long-term goals set forth in the empire zone  appli-
    45  cation  have  been met. The zone administrative entities and other local
    46  officials and agencies shall fully cooperate with the  zone  administra-
    47  tive  board in the annual performance review and in the board's perform-
    48  ance of its other duties. Local officials, state agencies, and certified
    49  businesses shall provide information requested by the  zone  administra-
    50  tive  board  which  is necessary for such review. Such report shall also
    51  include a current description of the specific strategies and  priorities
    52  for  economic revitalization of the zone, including, but not limited to:
    53  the number of jobs created; the number of jobs retained; the  amount  of
    54  private  capital  leveraged  with public funds; the number of businesses
    55  expanded or retained and new businesses created, and the type  of  busi-
    56  nesses  expanded,  retained  or created, as well as consideration of the
        S. 6060                            78                            A. 9560

     1  improvements in the physical infrastructure of the zone. The commission-
     2  er shall promulgate rules and regulations to set forth standards  to  be
     3  used  to  measure  performance  against objectives on an annual basis in
     4  order to facilitate the requirements of this paragraph] submit a plan to
     5  the  commissioner  pursuant  to  section  nine hundred sixty-two of this
     6  article;
     7    (v) enter into agreements with the commissioners of economic  develop-
     8  ment,  labor, and social services, local departments of social services,
     9  and local education agencies as defined in paragraph (b) of  subdivision
    10  one  of  section  three  thousand thirty-two of the education law, local
    11  community-based organizations,  private  employers,  labor  unions,  the
    12  administrative  entity  and  private  industry  council  for the service
    13  delivery area established under the [job training partnership act  (P.L.
    14  97-300, as amended)] workforce investment act (P.L. 105-220) as a dislo-
    15  cated worker or low-income individual that includes the empire zone, and
    16  any  other  person  or state or federal agency for the purpose of estab-
    17  lishing, implementing and coordinating job training programs for workers
    18  and businesses to be located in an empire zone; provided, however,  that
    19  (A)  any  agreement to establish a job training program designed to meet
    20  the specific needs of a private employer shall require such employer  to
    21  retain  in  its  employ for not less than six months an employee who has
    22  satisfactorily completed a course of training for a particular job open-
    23  ing unless such  employee  voluntarily  leaves  such  employment  or  is
    24  discharged  for  misconduct  or  other  good cause; (B) any job training
    25  program established pursuant to this  section  shall  make  use  of  the
    26  community  service  division  of  the  labor department as well as other
    27  sources for the purpose of recruitment;
    28    (xi) in conjunction with zone  administrative  entities,  develop  and
    29  implement  a  system  for  continuous  monitoring and evaluation of zone
    30  performance at the local level consistent with the guidelines set  forth
    31  in  [subdivisions (l) through (p) of] section nine hundred fifty-nine of
    32  this article;
    33    The empire zone administrative board shall cooperate with the  commis-
    34  sioner  in the production of the annual report of the local empire [zone
    35  administrative board] zones required by subdivision [(b)] (j) of  [this]
    36  section  nine  hundred  fifty-nine  of this article which shall include,
    37  subject to the tax secrecy provisions referred to in subdivision (d)  of
    38  this  section, [include,] but not be limited to, reporting the following
    39  information with respect to the  year  immediately  preceding  the  year
    40  which is the subject of the report:
    41    (vii)  a  statement  summarizing all amounts received as, and expendi-
    42  tures made from, financial support for administrative expenses  pursuant
    43  to paragraph [(vii)] (xii) of subdivision (b) of this section; and
    44    (d)  At the request of any local empire zone administrative board, the
    45  department of taxation and finance, the department of economic  develop-
    46  ment, the public service commission and any municipal corporation within
    47  the empire zone shall, to the extent that it possesses any of the infor-
    48  mation  required  by  subdivision (c) of this section, and to the extent
    49  that such information can be disclosed  without  violating  the  secrecy
    50  provisions  contained  in  sections two hundred two, two hundred eleven,
    51  six hundred ninety-seven, one thousand one hundred forty-six, one  thou-
    52  sand  two  hundred  fifty, one thousand four hundred sixty-seven and one
    53  thousand five hundred eighteen of the tax law, provide that  information
    54  to the local empire zone administrative board for inclusion in [its] the
    55  annual  report  issued  by  the department of economic development.  The
    56  amount of any real property taxes required to be set forth in the report
        S. 6060                            79                            A. 9560
 
     1  pursuant to subdivision (c)  of  this  section  shall  be  computed  and
     2  furnished  to  the zone's administrative board by the municipality which
     3  levied the tax. The failure of any empire zone administrative  board  to
     4  prepare  and submit a report or information as required by [subdivision]
     5  subdivisions (b) and (c) of this section shall make the board  or  other
     6  community-based  development  organization  ineligible  to  receive  any
     7  financial support for administrative expenses  authorized  by  paragraph
     8  [(vii)]  (xii)  of  subdivision  (b) of this section; provided, however,
     9  that such financial assistance shall not be withheld on account  of  the
    10  report's  failure to include any information which is required by subdi-
    11  vision (c) of this section but is  not  available  to  the  empire  zone
    12  administrative board.
    13    §  9.  Section 964 of the general municipal law, as amended by chapter
    14  708 of the laws of 1993, and as further amended by section 15 of part GG
    15  of chapter 63 of the laws of 2000, is amended to read as follows:
    16    § 964. Empire zone capital [corporations] credits.  (a) [No more  than
    17  three  empire  zone capital corporations may be established in each zone
    18  for the purpose of raising funds  through  private  and  public  grants,
    19  donations or investments, to be used in making investments in, and loans
    20  to, business firms certified pursuant to subdivision (a) of section nine
    21  hundred  sixty-three  of this article for the purpose of encouraging the
    22  establishment or expansion of businesses and the provision of additional
    23  job opportunities within such area. A zone capital corporation may serve
    24  one or more zones within an economic development region or zones  within
    25  two or more regions. Prior to the establishment of a zone capital corpo-
    26  ration, the zone board and the commissioner of the department of econom-
    27  ic  development shall approve the formation of the proposed zone capital
    28  corporation, its board of directors and management, and  its  procedures
    29  for  making, servicing and monitoring investments. In no event, however,
    30  shall an empire zone capital corporation acquire an  ownership  interest
    31  in  any  certified  business firm which amounts to more than twenty-five
    32  percent of the ownership interest of such certified  business  firm.  No
    33  loan  to  or  investment in any business firm shall be made by an empire
    34  zone capital corporation located in a zone within a town  with  a  popu-
    35  lation  of  more  than  twenty-five thousand, until such corporation has
    36  accumulated at least two hundred thousand dollars in capital  stock.  No
    37  loan  or investment in any business firm shall be made by an empire zone
    38  capital corporation located in a zone within a town with a population of
    39  less than twenty-five thousand until such corporation has accumulated at
    40  least one hundred thousand dollars in  capital  stock.  A  zone  capital
    41  corporation  shall  submit  to  the  zone  board an annual report on its
    42  activities.
    43    (b) Each  zone  capital  corporation  shall  establish  an  investment
    44  committee for the purpose of evaluating applications for loans and equi-
    45  ty investments. Each committee shall be comprised of members who possess
    46  the  requisite  business  and  financial expertise necessary to evaluate
    47  applications for loans and/or equity investments.
    48    (c) Each empire zone capital corporation shall, to the maximum  extent
    49  feasible, undertake measures and procedures to ensure meaningful partic-
    50  ipation  by  minority-owned  and women-owned business enterprises in the
    51  activities and investments of such corporation.  Each  such  corporation
    52  shall  additionally,  to the maximum extent feasible, undertake measures
    53  and procedures to ensure meaningful participation by locally owned busi-
    54  ness enterprises in the activities and investments of such corporation.
    55    (d)] The total amount of tax credits available to each  zone  pursuant
    56  to  subdivision  twenty  of  section  two hundred ten, subsection (l) of
        S. 6060                            80                            A. 9560
 
     1  section six hundred six, subsection  (d)  of  section  fourteen  hundred
     2  fifty-six  and  subdivision (h) of section fifteen hundred eleven of the
     3  tax law, shall be two million five hundred thousand dollars[, (provided,
     4  however, that in no event shall the credits available in any zone exceed
     5  five  hundred  thousand  dollars in the case of qualified investments in
     6  certified  zone  businesses  as  described  in  such  subdivisions   and
     7  subsections)].  Apportionment  of  credits within a zone between capital
     8  investments in and contributions to  zone  capital  corporations  estab-
     9  lished prior to July thirty-first, two thousand four, direct investments
    10  in  certified  zone businesses or contributions to community development
    11  projects will be determined and accounted for by the local zone adminis-
    12  trative board in  consultation  with  the  zone  administrative  entity,
    13  subject to regulations promulgated by the commissioner of the department
    14  of economic development. Credits not used by a zone within four years of
    15  their apportionment may, after a public hearing, be reallocated pursuant
    16  to  regulations  promulgated  by the commissioner.  Certifications under
    17  subdivision twenty of section two hundred ten, subsection (l) of section
    18  six hundred six, subsection (d) of section  fourteen  hundred  fifty-six
    19  and  subdivision  (h)  of  section fifteen hundred eleven of the tax law
    20  shall be consistent with the provisions of this subdivision.
    21    [(e)] (b) The commissioner shall promulgate regulations governing  the
    22  criteria  of eligibility for the tax credits, referred to in subdivision
    23  [(d)] (a) of this section, applicable to direct  equity  investments  in
    24  certified  zone businesses and to contributions to community development
    25  projects provided for in this section. Such regulations shall  establish
    26  requirements including, but not limited to: (i) a demonstration that the
    27  direct  equity  investment in a certified zone business will contribute,
    28  significantly, to an activity having tangible economic benefits, such as
    29  start-up, expansion or industrial modernization of such  zone  business;
    30  (ii)  a demonstration that the certified zone business has the potential
    31  to create jobs; and (iii) a demonstration that the direct equity invest-
    32  ment is necessary to increase the amount of  capital  available  to  the
    33  certified  zone business, provided, however, that such investment is not
    34  intended nor shall it be used to  refinance  existing  debt  or  replace
    35  existing equity in such zone business.
    36    [(f)]  (c)  In  addition to the duties set forth in subdivision (b) of
    37  section nine hundred sixty-three of this article, the  zone  administra-
    38  tive  board  shall,  consistent  with the regulations promulgated by the
    39  commissioner, determine the eligibility of direct equity investments  in
    40  certified  zone  businesses  and  contributions to community development
    41  projects for the tax credits, described in subdivision [(d)] (a) of this
    42  section, that are available to such zone. Such determination by the zone
    43  administrative board shall be subject to review by the  commissioner  in
    44  his  or  her  discretion.  The commissioner, upon review of a zone board
    45  determination made pursuant to this subdivision, shall accept or  reject
    46  such determination as may be deemed appropriate.
    47    §  10. The opening paragraph and subdivision (e) of section 966 of the
    48  general municipal law, as amended by chapter 170 of the  laws  of  1994,
    49  and  as  further  amended  by section 15 of part GG of chapter 63 of the
    50  laws of 2000, is amended to read as follows:
    51    In addition to the benefits provided for in this article, other  bene-
    52  fits  applicable  to  empire zones are provided elsewhere in the consol-
    53  idated laws, and [benefits are provided in the case of  zone  equivalent
    54  areas, as follows:] include the following:
    55    (e) For credits against the taxes imposed under articles nine-A, twen-
    56  ty-two,  thirty-two and thirty-three of the tax law, based on wages paid
        S. 6060                            81                            A. 9560
 
     1  to certain employees employed by a business located in  an  empire  zone
     2  [or  in a zone equivalent area,] see subdivision nineteen of section two
     3  hundred ten, subsection (k) of section six hundred six,  subsection  (e)
     4  of  section  fourteen  hundred  fifty-six and subdivision (g) of section
     5  fifteen hundred eleven, respectively, of the tax law;
     6    § 11.  Section 969 of the general municipal law, as amended by chapter
     7  606 of the laws of 1988, subdivision (a) as amended by  chapter  537  of
     8  the  laws of 1996, subdivision (b) as amended by chapter 708 of the laws
     9  of 1993, the opening paragraph of subdivision (c) as amended by  chapter
    10  624  of  the  laws of 1990, paragraph 2 of subdivision (c) as amended by
    11  section 5 and paragraphs 6, 7 and 8  of  subdivision  (c)  as  added  by
    12  section  6 of part Q of chapter 84 of the laws of 2002, and such section
    13  as further amended by section 15 of part GG of chapter 63 of the laws of
    14  2000, is amended to read as follows:
    15    § 969. Termination or revision  of  an  empire  zone.  (a)  Except  as
    16  provided  in  this section, any designation of an area as an empire zone
    17  shall remain in effect during the period beginning on the date of desig-
    18  nation and ending July thirty-first, two thousand [four] nine.
    19    (b) [After] The commissioner may withhold approval of a joint  certif-
    20  ication  of  business  enterprises  or  of empire zone boundary revision
    21  requests or, after consultation with the director of the budget and  the
    22  commissioner of labor, the commissioner may terminate the designation of
    23  an  area  as  an  empire  zone upon a finding that (1) the applicant has
    24  failed substantially to  implement  the  empire  zone  development  plan
    25  [within  the  time  stated  therein];  (2) there has been no substantial
    26  business development or job creation within the area  designated  as  an
    27  empire  zone  [within  five years after such designation]; (3) there has
    28  been inadequate management and evaluation  of  the  zone  at  the  local
    29  level;  or  (4)  the  applicant  has  [repeatedly] failed to comply with
    30  program reporting and performance requirements, provided, however,  that
    31  no  termination  shall  occur  unless  and until written notice has been
    32  given to the applicant and a public hearing has been  held  thirty  days
    33  prior to the effective date of such termination.
    34    (c) The applicant municipalities of empire zones that are in existence
    35  on July thirty-first, two thousand four shall submit to the commissioner
    36  by  November first, two thousand four a request to revise the boundaries
    37  of the empire zone that  would  bring  the  zone  into  compliance  with
    38  section  nine  hundred  fifty-eight of this article.   Failure to timely
    39  submit a complete request for a boundary  revision  may  result  in  the
    40  withholding  of approval for joint certification of business enterprises
    41  or the termination of empire zone designation by the  commissioner.  The
    42  commissioner  may,  after  consultation  with the commissioner of labor,
    43  approve such revision subject to the following provisions:
    44    (1) The commissioner shall affirm that such revision  would  not  have
    45  the effect of producing an empire zone which does not satisfy the crite-
    46  ria  for  empire  zone designation established by or pursuant to section
    47  nine hundred fifty-eight of this article;
    48    (2) The revision of the borders of an empire  zone  pursuant  to  this
    49  section  shall have no effect on the duration of the designation of such
    50  empire zone as provided by subdivision (a) of this section;
    51    (3) A development plan  satisfactory  to  the  commissioner  shall  be
    52  submitted pursuant to section nine hundred sixty-two of this article;
    53    (d)  If  an  empire zone area is terminated as a result of subdivision
    54  (c) of this section, a business enterprise that is located in such  area
    55  that  was certified pursuant to this article or has an application pend-
    56  ing with the department of economic development prior to  the  effective
        S. 6060                            82                            A. 9560
 
     1  date  of  this  subdivision  shall be deemed to continue to be certified
     2  under this article  for  purposes  of  sections  fourteen,  fifteen  and
     3  sixteen,  subdivisions  twenty-seven  and  twenty-eight  of  section two
     4  hundred  ten,  subsections  (bb)  and  (cc)  of section six hundred six,
     5  subdivision (z) of section eleven hundred fifteen, subsections  (o)  and
     6  (p)  of section fourteen hundred fifty-six, and subdivisions (r) and (s)
     7  of section fifteen hundred eleven of the tax law and shall  continue  to
     8  be  subject  to  all  reporting  and other requirements of this article;
     9  approval by the commissioner of certification applications  received  by
    10  the department of economic development on or after the effective date of
    11  this  subdivision  and  prior  to  the  effective  date  of the boundary
    12  revision required by subdivision (c)  of  this  section  shall  only  be
    13  granted  upon  a  finding that such business would be located within the
    14  permissible areas as set forth in section nine  hundred  fifty-eight  of
    15  this  article,  or upon a finding by the commissioner that such approval
    16  is necessary or desirable.
    17    [(c) The governing body of a city, county, town or village]  (e)  Once
    18  within a four year period the governing bodies of the applicants may, by
    19  resolution, submit to the commissioner a request to significantly revise
    20  the  [boundaries]  superboundary  or  a  targeted  area of an [existing]
    21  empire zone existing pursuant to subdivision (c)  of  this  section  and
    22  subdivisions (a) through (d) of section nine hundred fifty-eight of this
    23  article.  The commissioner may, after consultation with the commissioner
    24  of labor, approve such revision subject to the following provisions:
    25    (1) Any revision of the [borders] superboundary or targeted area of an
    26  empire zone shall be based upon a determination by the commissioner that
    27  extraordinary change in circumstances support the need for a substantial
    28  change [in circumstances has occurred since  the  establishment  of  the
    29  existing  borders]  to  the  empire  zone superboundary or targeted area
    30  which makes revision of such [borders] boundary both necessary [or]  and
    31  desirable under the empire zones development plan.
    32    (2)  The  commissioner  shall affirm that such revision would not have
    33  the effect of producing an empire zone superboundary  or  targeted  area
    34  which  does  not  satisfy  the criteria for empire zone superboundary or
    35  targeted area designation established by or pursuant to subdivisions (a)
    36  and (d) of section nine hundred fifty-eight of this article.
    37    (3)  The  zone  administrative  board's  resolution  recommending  the
    38  revision.
    39    (f)  Once  within a one year period the governing bodies of the appli-
    40  cants may, by resolution, submit to the commissioner a request to revise
    41  the boundaries of an empire zone area existing pursuant  to  subdivision
    42  (c)  of  this section and section nine hundred fifty-eight of this arti-
    43  cle.  The commissioner may, after consultation with the commissioner  of
    44  labor, approve such revision subject to the following provisions:
    45    (1)  Any revision of the borders of an empire zone area shall be based
    46  upon a determination by the commissioner that a change in  circumstances
    47  support  the  need  for  a  change  to  the empire zone area which makes
    48  revision of such borders necessary or desirable under  the  empire  zone
    49  development plan.
    50    (2)  The  commissioner  shall affirm that such revision would not have
    51  the effect of producing an empire zone which does not satisfy the crite-
    52  ria for empire zone designation established by or  pursuant  to  section
    53  nine hundred fifty-eight of this article.
    54    (3)  The commissioner may grant approval of revision of the borders of
    55  an empire zone without prior public notice and without  a  prior  public
        S. 6060                            83                            A. 9560
 
     1  hearing  if such revision adds territory to an existing empire zone, but
     2  does not remove territory from such zone.
     3    (4)  The  commissioner may grant approval of a revision of the borders
     4  of an empire zone after public notice of such proposed  revision  and  a
     5  public  hearing at least thirty days prior to the effective date of such
     6  revision, if such revision removes territory  from  an  existing  empire
     7  zone.
     8    (5) The revision of the borders of an empire zone shall have no effect
     9  on  the  duration  of the designation of such empire zone as provided by
    10  subdivision (a) of this section.
    11    (6) [Any request to revise the boundaries of an existing  empire  zone
    12  submitted  to  the commissioner on or after January fifteenth, two thou-
    13  sand three shall not result in the final designation of less than seven-
    14  ty-five percent of the existing zone's undesignated acreage on or  after
    15  January  fifteenth,  two thousand three in more than three noncontiguous
    16  areas. Any request by an existing  zone  to  the  commissioner  for  the
    17  designation  of up to twenty-five percent of the existing zone's remain-
    18  ing undesignated acreage on or after  January  fifteenth,  two  thousand
    19  three  shall demonstrate that: the proposed acreage offers a significant
    20  contribution to the economic revitalization of the zone and  surrounding
    21  area,  to include the creation or retention of private sector jobs, or a
    22  plan to demonstrate that the capital, human resource, or  other  invest-
    23  ment  by businesses located within the proposed acreage will approximate
    24  fifty percent of the projected aggregate amount of zone benefits  to  be
    25  received by the certified businesses located within the proposed acreage
    26  during  the first twelve months following such designation; and that the
    27  proposed acreage is serviced, or will be serviced, by public transporta-
    28  tion available to zone or  community  residents,  or  other  prospective
    29  employees,  in  those zones where a public transportation system already
    30  exists and where such service is economically feasible; but  only  after
    31  public  notice  of  such proposed revision and a public hearing at least
    32  thirty days prior to the effective  date  of  such  revision.  Provided,
    33  however,  if  an  existing  zone  demonstrates that a project which will
    34  enhance the economic revitalization of the zone and benefit  zone  resi-
    35  dents  cannot  be  included within one of the three noncontiguous areas,
    36  and upon the commissioner's determination that inclusion of  such  addi-
    37  tional  noncontiguous  lands  poses  significant  potential for economic
    38  development, to include job creation of no less than three  hundred  new
    39  jobs,  more than twenty-five percent of the existing zone's undesignated
    40  acreage on or after January fifteenth, two thousand three can be used in
    41  more than three noncontiguous areas, but only  after  public  notice  of
    42  such  proposed  revision and a public hearing at least thirty days prior
    43  to the effective date of such revision.
    44    (7) Any request to revise the boundaries of a new empire zone  submit-
    45  ted  to  the  commissioner  shall not result in the final designation of
    46  less than seventy-five percent of the new zone's undesignated acreage in
    47  more than three noncontiguous areas. Any request by a new  zone  to  the
    48  commissioner for the designation of up to twenty-five percent of the new
    49  zone's  remaining  undesignated  acreage  shall  demonstrate  that:  the
    50  proposed acreage offers a significant contribution to the economic revi-
    51  talization of the zone and surrounding area, to include the creation  or
    52  retention  of  private  sector  jobs,  or a plan to demonstrate that the
    53  capital, human resource, or other investment by businesses located with-
    54  in the proposed acreage will approximate fifty percent of the  projected
    55  aggregate  amount of zone benefits to be received by the certified busi-
    56  nesses located within the  proposed  acreage  during  the  first  twelve
        S. 6060                            84                            A. 9560

     1  months  following  such  designation;  and  that the proposed acreage is
     2  serviced, or will be serviced, by  public  transportation  available  to
     3  zone  or  community  residents, or other prospective employees, in those
     4  zones where a public transportation system already exists and where such
     5  service  is  economically feasible; but only after public notice of such
     6  proposed revision and a public hearing at least thirty days prior to the
     7  effective date of such revision. Provided, however, if a new zone demon-
     8  strates that a project which will enhance the economic revitalization of
     9  the zone and benefit zone residents cannot be included within one of the
    10  three noncontiguous areas, and  upon  the  commissioner's  determination
    11  that  inclusion of such additional noncontiguous lands poses significant
    12  potential for economic development, to include job creation of  no  less
    13  than  three  hundred  new jobs, more than twenty-five percent of the new
    14  zone's undesignated acreage can be used in more than three noncontiguous
    15  areas, but only after public notice of  such  proposed  revision  and  a
    16  public  hearing at least thirty days prior to the effective date of such
    17  revision.
    18    (8) It is the policy to allow each zone  no  more  than  one  boundary
    19  amendment  within  a twelve month period. If, however, there is a change
    20  in circumstances involving extenuating factors within the year (such  as
    21  the  attraction/retention  of  a major potential/area employer, which is
    22  consistent with the zone's  development  goals),  the  request  will  be
    23  considered.]  A  demonstration  that  such proposed change is consistent
    24  with the development plan and meets the criteria for empire zone  desig-
    25  nation established by or pursuant to section nine hundred fifty-eight of
    26  this article shall be submitted by the local empire zone.
    27    (7)  Resolutions  from  municipalities to which land is being added or
    28  removed, concurring in the applicant  municipality's  proposed  boundary
    29  revision.
    30    (8)  The  zone  administrative  board's  resolution  recommending  the
    31  revision.
    32    (9)  The  applicant  municipality's  local  law  amending  the   legal
    33  description of the zone boundaries.
    34    (g)  Upon the termination or revision of the borders of an empire zone
    35  as provided in this section, the commissioner shall file notice of  such
    36  action as required by section nine hundred fifty-nine of this article.
    37    § 12. Subdivisions (a), (b), (c), (g) and (j) of section 14 of the tax
    38  law, subdivisions (a), (b), (c) and (g) as amended by section 10 of part
    39  CC  of  chapter  85  of  the  laws  of 2002, subdivision (j) as added by
    40  section 13-a of part CC of chapter 85 of the laws of 2002,  are  amended
    41  to read as follows:
    42    (a)  Qualified  empire zone enterprise. A business enterprise which is
    43  certified under article eighteen-B of the general municipal  law  [prior
    44  to July first, two thousand five] and meets the employment test shall be
    45  a "qualified empire zone enterprise":
    46    (1)  for purposes of articles nine-A, twenty-two, thirty-two and thir-
    47  ty-three of this chapter, for each  of  the  taxable  years  within  the
    48  "business  tax benefit period," which period shall consist of (A) in the
    49  case of a business enterprise with a test date occurring  on  or  before
    50  December thirty-first, two thousand one, the first fifteen taxable years
    51  beginning  on or after January first, two thousand one, [and] (B) in the
    52  case of a business enterprise with a test date  occurring  on  or  after
    53  January  first, two thousand two, but prior to April first, two thousand
    54  four, the fifteen taxable years next following the business enterprise's
    55  test year, and (C) in the case of a business enterprise which is  certi-
    56  fied  under  article eighteen-B of the general municipal law on or after
        S. 6060                            85                            A. 9560
 
     1  April first, two thousand four, the ten taxable years starting with  the
     2  taxable  year  in  which the business enterprise's first date of certif-
     3  ication under article eighteen-B of the general  municipal  law  occurs,
     4  but  only  with  respect  to each of such [fifteen] business tax benefit
     5  period years for which the employment test is met, and
     6    (2) for purposes of articles  twenty-eight  and  twenty-nine  of  this
     7  chapter,  during  the  "sales  and  use tax benefit period." Such period
     8  shall consist of one hundred twenty consecutive months beginning on  the
     9  later  of (A) March first, two thousand one, or (B) the first day of the
    10  month next following the date of issuance of  a  qualified  empire  zone
    11  enterprise  certification  by  the commissioner under subdivision (h) of
    12  this section. Provided however, such period shall not include any  month
    13  falling  within  a  taxable  year immediately preceded by a taxable year
    14  with respect to which the business enterprise did not meet  the  employ-
    15  ment test.
    16    (b) Employment test.
    17    (1)  General.  [The]  Except  as provided under paragraph four of this
    18  subdivision, in the case of a business  enterprise  which  is  certified
    19  under  article  eighteen-B  of  the  general  municipal law before April
    20  first, two thousand four, the employment test shall be met with  respect
    21  to  a taxable year if the business enterprise's employment number in the
    22  empire zones for such taxable year  equals  or  exceeds  its  employment
    23  number  in  such zones for the base period, and its employment number in
    24  the state outside of such zones for such taxable year equals or  exceeds
    25  its  employment  number  in the state outside of such zones for the base
    26  period. If the base period is zero  years  and  the  enterprise  has  an
    27  employment  number  in  such zone of greater than zero with respect to a
    28  taxable year, then the employment test will be met only  if  the  enter-
    29  prise qualifies as a new business under subdivision (j) of this section.
    30    (2)  Change  in  zone  boundaries or newly designated zones. Provided,
    31  however, where there has been one or more revisions of the boundaries of
    32  an empire zone that resulted in the inclusion of the business enterprise
    33  within such zone, the employment test shall be determined  with  respect
    34  to  a  taxable year as if the boundaries of the revised zone on the last
    35  day of the taxable year existed during the base period and test year and
    36  as if the enterprise had been located in the  revised  zone  during  its
    37  base  period  and  test  year. In addition, where an area has been newly
    38  designated as an empire zone, the employment test  shall  be  determined
    39  with  respect to a taxable year as if such newly designated zone existed
    40  during the base period and test year and as if the enterprise  had  been
    41  located  in  the  newly  designated zone during its base period and test
    42  year.
    43    (3) Relocation from a business incubator facility.  Where  a  business
    44  enterprise relocates to an empire zone from a business incubator facili-
    45  ty  operated  by a municipality or by a public or private not-for-profit
    46  entity which provides space or business support services or  both  space
    47  and  business  support  services  to  newly established enterprises, the
    48  employment test shall be determined with respect to a taxable year as if
    49  such business enterprise was located in the empire zone during the  base
    50  period.
    51    (4)  In the case of a business enterprise which (A) is certified under
    52  article eighteen-B of the general municipal law on or after April first,
    53  two thousand four, or (B) is certified  under  such  article  eighteen-B
    54  before  April  first,  two  thousand  four and has a base period of zero
    55  years, or (C) is an electric generating  facility  which  was  certified
    56  under such article eighteen-B before April first, two thousand four, the
        S. 6060                            86                            A. 9560
 
     1  employment test shall be met with respect to a taxable year if the busi-
     2  ness  enterprise's  employment  number in the state and the empire zones
     3  for such taxable year exceeds its employment number in the state and the
     4  empire zones, respectively, for the base period.
     5    (c) Base period. [The] (1) Except as provided in paragraph two of this
     6  subdivision,  in  the  case  of a business enterprise which is certified
     7  under article eighteen-B of  the  general  municipal  law  before  April
     8  first,  two thousand four, the term "base period" means the five taxable
     9  years immediately preceding the test year. If  the  business  enterprise
    10  has  fewer  than five such years, then the term "base period" means such
    11  smaller set of years.
    12    (2) In the case of a business enterprise which (A) is certified  under
    13  article eighteen-B of the general municipal law on or after April first,
    14  two  thousand  four,  or  (B) is certified under such article eighteen-B
    15  before April first, two thousand four and has  a  base  period  of  zero
    16  years,  or  (C)  is  an electric generating facility which was certified
    17  under such article eighteen-B before April first, two thousand four, the
    18  term "base period" means the four taxable  years  immediately  preceding
    19  the  taxable  year  in which the business enterprise was first certified
    20  under article eighteen-B of the general municipal law. If  the  business
    21  enterprise  has  fewer than four such years, then the term "base period"
    22  means such smaller set of years.
    23    (g) Employment number. The term "employment  number"  shall  mean  the
    24  average  number of individuals, excluding general executive officers (in
    25  the case of a corporation), employed full-time by the enterprise for  at
    26  least  one-half  of  the  taxable year. Such number shall be computed by
    27  determining the number of such individuals employed by the  taxpayer  on
    28  the  thirty-first day of March, the thirtieth day of June, the thirtieth
    29  day of September and the thirty-first day of December during the  appli-
    30  cable  taxable  year,  adding  together  the  number of such individuals
    31  determined to be so employed on each of such dates and dividing the  sum
    32  so obtained by the number of such dates occurring within such applicable
    33  taxable  year. Such number shall not include individuals employed within
    34  the state within the immediately preceding sixty  months  by  a  related
    35  person to the QEZE, as such term "related person" is defined in subpara-
    36  graph  (c)  of paragraph three of subsection (b) of section four hundred
    37  sixty-five of the internal revenue code. For this  purpose,  a  "related
    38  person" shall include an entity which would have qualified as a "related
    39  person"  to  the  QEZE  if it had not been dissolved, liquidated, merged
    40  with another entity or otherwise ceased to exist or operate.
    41    [(j)] (k) If the designation of an area as an empire zone is no longer
    42  in effect because section nine hundred sixty-nine of the general munici-
    43  pal law was not amended to extend the effective date of such designation
    44  beyond July thirty-first, two thousand [four] nine,  a  business  enter-
    45  prise  that  was certified pursuant to article eighteen-B of the general
    46  municipal law on July thirty-first, two thousand [four]  nine  shall  be
    47  deemed  to  continue  to  be certified under such article eighteen-B for
    48  purposes of this section, and sections  fifteen,  sixteen,  subdivisions
    49  twenty-seven  and  twenty-eight  of section two hundred ten, subsections
    50  (bb) and (cc) of section six hundred six,  subdivision  (z)  of  section
    51  eleven  hundred  fifteen,  subsections  (o)  and (p) of section fourteen
    52  hundred fifty-six, and subdivisions  (r)  and  (s)  of  section  fifteen
    53  hundred  eleven  of  this chapter. In addition, if the designation of an
    54  area as an empire zone is no  longer  in  effect  because  section  nine
    55  hundred  sixty-nine  of  the  general  municipal  law was not amended to
    56  extend the effective date of such designation beyond July  thirty-first,
        S. 6060                            87                            A. 9560
 
     1  two  thousand  [four]  nine,    all  references  to  empire zones in the
     2  provisions of this chapter listed in the previous sentence shall be read
     3  as meaning areas designated as empire zones on  July  thirty-first,  two
     4  thousand [four] nine.
     5    §  13.  Section 15 of the tax law, as added by section 2 of part GG of
     6  chapter 63 of the laws of 2000, subdivision (b) as  amended  by  section
     7  11,  subdivisions (d) and (e) as amended by section 12, subdivisions (f)
     8  and (g) as added and subdivision (h) as relettered by section 13 of part
     9  CC of chapter 85 of the laws of 2002, is amended to read as follows:
    10    § 15. QEZE credit for real property taxes.  (a) Allowance of credit. A
    11  taxpayer which is a qualified empire zone enterprise (QEZE), or which is
    12  a sole proprietor of a QEZE or a member of  a  partnership  which  is  a
    13  QEZE,  and  which  is  subject  to tax under article nine-A, twenty-two,
    14  thirty-two or thirty-three of this chapter, shall be  allowed  a  credit
    15  against  such  tax, pursuant to the provisions referenced in subdivision
    16  [(f)] (h) of this section, for eligible real property taxes.
    17    (b) Amount of credit. The amount of the credit shall  be  the  product
    18  (or pro rata share of the product, in the case of a member of a partner-
    19  ship)  of  (i)  the  benefit period factor, (ii) the employment increase
    20  factor and (iii) the eligible real property taxes paid [or incurred]  by
    21  the  QEZE during the taxable year. However, the amount of the credit may
    22  not exceed the credit limitation set forth in subdivision  (f)  of  this
    23  section.
    24    (c)  Benefit  period factor.  The benefit period factors are set forth
    25  in the following table:
 
    26  Taxable year of the benefit period:          Benefit period factor:
    27                 1 - 10                                 1.0
    28                   11                                    .8
    29                   12                                    .6
    30                   13                                    .4
    31                   14                                    .2
    32                   15                                     0
    33    (d) Employment increase factor. [The] (1) Except as provided in  para-
    34  graph  three  of  this subdivision, in the case of a business enterprise
    35  which is certified under article eighteen-B of the general municipal law
    36  before April first, two thousand four, the employment increase factor is
    37  the amount, not to exceed 1.0, which is the greater of:
    38    [(1)] (A) the excess of the QEZE's employment  number  in  the  empire
    39  zones  with  respect  to which the QEZE is certified pursuant to article
    40  eighteen-B of the general municipal law for the taxable year,  over  the
    41  QEZE's  test  year employment number in such zones, divided by such test
    42  year employment number in such zones; or
    43    [(2)] (B) the excess of the QEZE's employment number in such zones for
    44  the taxable year over the QEZE's test year  employment  number  in  such
    45  zones, divided by 100.
    46    [(3)]  (2)  For  purposes of subparagraph (A) of paragraph one of this
    47  subdivision, where there is an excess as described in  such  [paragraph]
    48  subparagraph,  and  where  the test year employment number is zero, then
    49  the QEZE's employment increase factor shall be 1.0.
    50    (3) In the case of a business enterprise which (A) is certified  under
    51  article eighteen-B of the general municipal law on or after April first,
    52  two  thousand  four,  or  (B) is certified under such article eighteen-B
    53  before April first, two thousand four and has  a  base  period  of  zero
    54  years,  or  (C)  is  an electric generating facility which was certified
    55  under such article eighteen-B before April first, two thousand four, the
        S. 6060                            88                            A. 9560
 
     1  employment increase factor is the amount, not to exceed  1.0,  which  is
     2  the  excess  of  the  QEZE's  employment number in the empire zones with
     3  respect to which the QEZE is certified pursuant to article eighteen-B of
     4  the  general  municipal law for the taxable year over the QEZE's employ-
     5  ment number for the base period in  such  zones,  divided  by  100.  For
     6  purposes of determining the QEZE's employment number in the empire zones
     7  with  respect  to which the QEZE is certified for the taxable year, such
     8  number shall not include  individuals  employed  within  the  state  but
     9  outside such zones within the preceding sixty months by the QEZE or by a
    10  related  person,  as  such term is defined in subdivision (g) of section
    11  fourteen of this article, to the QEZE.
    12    (4) For purposes  of  this  subdivision,  where  the  commissioner  of
    13  economic development certifies that the QEZE has made an investment that
    14  qualifies as a qualified empire zone investment pursuant to section nine
    15  hundred fifty-nine of the general municipal law, then the QEZE's employ-
    16  ment  increase factor shall be 1.0. In this situation, the QEZE shall be
    17  required to submit proof to the  department  that  the  commissioner  of
    18  economic development has made such certification.
    19    (e)  Eligible  real  property  taxes. The term "eligible real property
    20  taxes" means taxes imposed on real property which is owned by  the  QEZE
    21  and  located  in an empire zone with respect to which the QEZE is certi-
    22  fied pursuant to  article  eighteen-B  of  the  general  municipal  law,
    23  provided  such taxes are paid by the QEZE which is the owner of the real
    24  property and such taxes become a lien on  the  real  property  during  a
    25  taxable  year  in which the owner of the real property is both certified
    26  pursuant to article eighteen-B of the general municipal law and a quali-
    27  fied empire zone enterprise.    In  addition,  "eligible  real  property
    28  taxes"  shall  include  taxes  paid  by a QEZE which is a lessee of real
    29  property if the following conditions are satisfied: (1) the  taxes  must
    30  be  paid  pursuant to explicit requirements in a written lease, (2) such
    31  taxes become a lien on the real property during a taxable year in  which
    32  the  lessee  of  the real property is both certified pursuant to article
    33  eighteen-B of the general municipal law  and  a  qualified  empire  zone
    34  enterprise,  and (3) the lessee has made direct payment of such taxes to
    35  the taxing authority and has received a  receipt  for  such  payment  of
    36  taxes  from  the  taxing authority. In addition, the term "eligible real
    37  property taxes" includes payments in lieu of taxes made by the  QEZE  to
    38  the  state,  a  municipal  corporation  or  a public benefit corporation
    39  pursuant to a written agreement entered into between the  QEZE  and  the
    40  state,  municipal  corporation, or public benefit corporation. Provided,
    41  however, a payment in lieu of taxes made by the QEZE pursuant to a writ-
    42  ten agreement executed or amended on or after January first,  two  thou-
    43  sand one, shall not constitute eligible real property taxes [unless such
    44  written  agreement is approved by both the department of economic devel-
    45  opment and the office of real property services as satisfying  generally
    46  accepted  and  recognized  norms  and  standards  of  real  property tax
    47  appraisals] in any taxable year to the extent that such payment  exceeds
    48  the  product  of (A) the greater of (i) the basis for federal income tax
    49  purposes, determined on the later of January first, two thousand one  or
    50  the effective date of the QEZE's certification pursuant to article eigh-
    51  teen-B  of  the general municipal law of real property, including build-
    52  ings and structural components of  buildings,  owned  by  the  QEZE  and
    53  located  in  empire  zones  with  respect to which the QEZE is certified
    54  pursuant to such article eighteen-B of the  general  municipal  law,  or
    55  (ii)  the  basis  for  federal income tax purposes of such real property
    56  described in clause (i) of this subparagraph on  the  last  day  of  the
        S. 6060                            89                            A. 9560
 
     1  taxable year, and (B) the estimated effective full value tax rate within
     2  the  county in which such property is located, as most recently reported
     3  to the commissioner by the secretary of the state board of real property
     4  services,  or his or her designee. The state board shall annually calcu-
     5  late estimated effective full value tax rates  within  each  county  for
     6  this  purpose based upon the most current information available to it in
     7  relation to county, city, town, village and school district taxes.
     8    (f) The credit limitation shall  be  the  greater  of  the  employment
     9  increase limitation or the capital investment limitation.
    10    (1)  [The]  (A)  Except  as provided in subparagraph (B) of this para-
    11  graph, in the case of a business enterprise  which  is  certified  under
    12  article  eighteen-B of the general municipal law before April first, two
    13  thousand four, the employment increase limitation shall be  the  product
    14  of  [(A)]  (i)  ten  thousand  dollars  and [(B)] (ii) the excess of the
    15  QEZE's employment number in the empire zones with respect to  which  the
    16  QEZE  is certified pursuant to article eighteen-B of the general munici-
    17  pal law for the taxable year,  over  the  QEZE's  test  year  employment
    18  number in such zones.
    19    (B)  In the case of a business enterprise which (i) is certified under
    20  article eighteen-B of the general municipal law on or after April first,
    21  two thousand four, or (ii) is certified under  such  article  eighteen-B
    22  before  April  first,  two  thousand  four and has a base period of zero
    23  years, or (iii) any electric generating  facility  which  was  certified
    24  under such article eighteen-B before April first, two thousand four, the
    25  employment  increase limitation shall be the product of (I) ten thousand
    26  dollars and (II) the excess of  the  QEZE's  employment  number  in  the
    27  empire  zones  with  respect  to which the QEZE is certified pursuant to
    28  article eighteen-B of the general municipal law for  the  taxable  year,
    29  over  the QEZE's base period employment number in such zones. Under this
    30  subparagraph, for purposes of determining the QEZE's  employment  number
    31  in  the empire zones with respect to which the QEZE is certified for the
    32  taxable year, such number shall not include individuals employed  within
    33  the  state  but  outside such zones within the preceding sixty months by
    34  the QEZE or by a related person, as such term is defined in  subdivision
    35  (g) of section fourteen of this article, to the QEZE.
    36    (2)  The capital investment limitation shall be the product of (A) ten
    37  percent of the greater of (i) the [cost  or  other]  basis  for  federal
    38  income tax purposes, determined on the later of January first, two thou-
    39  sand  one  or the effective date of the QEZE's certification pursuant to
    40  article eighteen-B of the  general  municipal  law,  of  real  property,
    41  including buildings and structural components of buildings, owned by the
    42  QEZE  and  located  in  empire  zones  with respect to which the QEZE is
    43  certified pursuant to such article eighteen-B of the  general  municipal
    44  law,  or  (ii) the [cost or other] basis for federal income tax purposes
    45  of such real property described in clause (i) of  this  subparagraph  on
    46  the  last  day  of  the  taxable  year,  and  (B) the greater of (i) the
    47  percentage of such real property described in clause (i) of subparagraph
    48  (A) of this paragraph which is physically occupied and used by the  QEZE
    49  or  by  a  related  person  to the QEZE, as the term "related person" is
    50  defined in subparagraph (c) of paragraph  three  of  subsection  (b)  of
    51  section  four  hundred  sixty-five of the internal revenue code, or (ii)
    52  the percentage of such [cost or other] basis which  is  attributable  to
    53  the  construction,  expansion or rehabilitation of such property, rather
    54  than the acquisition of such  real  property,  by  the  QEZE.  Provided,
    55  however,  if  the  percentage  of  such  [cost or other] basis, which is
    56  attributable to the construction, expansion or  rehabilitation  of  such
        S. 6060                            90                            A. 9560
 
     1  real  property  equals  or  exceeds  fifty  percent, then the percentage
     2  described in clause (ii) of subparagraph (B) of this paragraph shall  be
     3  deemed to be one hundred percent.
     4    (3) In the case of a QEZE whose eligible real property taxes are those
     5  taxes  paid  pursuant  to  the  terms of a lease, the capital investment
     6  limitation shall not apply  and  the  credit  limitation  shall  be  the
     7  employment increase limitation.
     8    (g)  Credit  recapture.  Where  a  QEZE's eligible real property taxes
     9  which were the basis for the allowance of the credit provided for  under
    10  this  section  are  subsequently reduced as a result of a final order in
    11  any proceeding under article seven of the real property tax law or other
    12  provision of law, the taxpayer shall add back, in the  taxable  year  in
    13  which such final order is issued, the excess of (1) the amount of credit
    14  originally  allowed  for  a  taxable  year over (2) the amount of credit
    15  determined based upon the reduced eligible real property taxes. If  such
    16  final  order  reduces  real  property  taxes for more than one year, the
    17  taxpayer must determine how much of such reduction  is  attributable  to
    18  each year covered by such final order and calculate the amount of credit
    19  which  is  required  by  this  subsection to be recaptured for each year
    20  based on such reduction.
    21    (h) Definitions and cross-references. For definitions of terms used in
    22  this section see section fourteen of this article.   For application  of
    23  the credit provided for in this section, see the following provisions of
    24  this chapter:
    25    (1) Article 9-A: Section 210: subdivision 27.
    26    (2) Article 22: Section 606: subsections (i) and (bb).
    27    (3) Article 32: Section 1456: subsection (o).
    28    (4) Article 33: Section 1511: subdivision (r).
    29    § 14. Subparagraph 2 of paragraph (b) of subdivision 19 of section 210
    30  of  the  tax  law, as amended by chapter 624 of the laws of 1990, and as
    31  further amended by section 15 of part GG of chapter 63 of  the  laws  of
    32  2000, is amended to read as follows:
    33    (2)  "Targeted employee" means a New York resident who receives empire
    34  zone wages and who is (A) an eligible individual under the provisions of
    35  the targeted jobs tax credit (section fifty-one of the internal  revenue
    36  code), (B) eligible for benefits under the provisions of the [job train-
    37  ing  partnership]  workforce  investment  act  as a dislocated worker or
    38  low-income individual (P.L. [97-300] 105-220, as amended), (C) a recipi-
    39  ent of public assistance benefits or (D) an individual whose  income  is
    40  below [he] the most recently established poverty rate promulgated by the
    41  United  States  department  of  commerce,  or a member of a family whose
    42  family income is  below  the  most  recently  established  poverty  rate
    43  promulgated by the appropriate federal agency.
    44    §  15.  The second undesignated paragraph of paragraph (c) of subdivi-
    45  sion 19 of section 210 of the tax law, as amended  by  section  14-a  of
    46  part  CC  of  chapter  85  of  the  laws  of 2002, is amended to read as
    47  follows:
    48    The credit shall be allowed only with respect  to  the  first  taxable
    49  year  during which payments of empire zone wages are made and the condi-
    50  tions set forth in this paragraph are satisfied,  and  with  respect  to
    51  each of the four taxable years next following (but only, with respect to
    52  each  of  such  years,  if such conditions are satisfied), in accordance
    53  with paragraph (d) of this subdivision. Subsequent certifications of the
    54  taxpayer pursuant to article eighteen-B of the general municipal law, at
    55  the same or a different location in the same empire zone or zone  equiv-
    56  alent  area  or  at a location in a different empire zone or zone equiv-
        S. 6060                            91                            A. 9560
 
     1  alent area, shall not extend the five taxable year  time  limitation  on
     2  the  allowance  of  the  credit  set  forth  in  the preceding sentence.
     3  Provided, further, however, that no credit shall be allowed with respect
     4  to any taxable year beginning more than four years following the taxable
     5  year  in  which  designation  as an empire zone expired or more than ten
     6  years after the designation as a zone equivalent area.   Notwithstanding
     7  the previous sentence, a taxpayer which has been certified under article
     8  eighteen-B  of the general municipal law in a zone equivalent area prior
     9  to June thirteenth, two thousand four shall be allowed  a  credit  under
    10  this  subdivision  for  a  total  of  five  taxable years, provided that
    11  payments of empire zone wages are made and the conditions set  forth  in
    12  this paragraph are satisfied in each of those years.
    13    § 16. Subparagraph 3 of paragraph (d) of subdivision 19 of section 210
    14  of  the  tax law, as added by section 15 of part CC of chapter 85 of the
    15  laws of 2002, is amended to read as follows:
    16    (3) For purposes of calculating the amount of the credit,  individuals
    17  employed  within an empire zone or zone equivalent area within the imme-
    18  diately preceding sixty months by a related  person,  as  such  term  is
    19  defined  in  subparagraph  (c)  of  paragraph three of subsection (b) of
    20  section four hundred sixty-five of the internal revenue code, shall  not
    21  be  included  in the average number of individuals described in subpara-
    22  graph one or subparagraph two of this  paragraph,  unless  such  related
    23  person was never allowed a credit under this subdivision with respect to
    24  such  employees.    For  the  purposes  of this subparagraph, a "related
    25  person" shall include an entity which would have qualified as a "related
    26  person" to the taxpayer if it had not been dissolved, liquidated, merged
    27  with another entity or otherwise ceased to exist or operate.
    28    § 17. Paragraph (a) of subdivision 20 of section 210 of the  tax  law,
    29  as amended by chapter 708 of the laws of 1993, and as further amended by
    30  section  15  of part GG of chapter 63 of the laws of 2000, is amended to
    31  read as follows:
    32    (a) A taxpayer shall be allowed a credit against the  tax  imposed  by
    33  this  article.  The  amount  of the credit shall be equal to twenty-five
    34  percent of the sum of the following investments and  contributions  made
    35  during  the  taxable  year and certified by the commissioner of economic
    36  development:(1) for taxable years beginning before  January  first,  two
    37  thousand  five,  qualified  investments made in, or contributions in the
    38  form of donations made to, one or more empire zone capital  corporations
    39  established  pursuant  to section nine hundred sixty-four of the general
    40  municipal law prior to July thirty-first, two-thousand four, (2)  quali-
    41  fied  investments  in  certified zone businesses which during the twelve
    42  month period immediately preceding the month in which such investment is
    43  made employed full-time within the state an average number  of  individ-
    44  uals,  excluding  general  executive  officers,  of two hundred fifty or
    45  fewer, computed pursuant to the  provisions  of  subparagraph  three  of
    46  paragraph  (b)  of  subdivision  nineteen  of  this  section, except for
    47  investments made by or on behalf of an owner of the business, including,
    48  but not limited to, a stockholder, partner or sole  proprietor,  or  any
    49  related  person,  as  defined  in subparagraph (C) of paragraph three of
    50  subsection (b) of section four hundred sixty-five of the internal reven-
    51  ue code,  and  (3)  contributions  of  money  to  community  development
    52  projects  as  defined  in regulations promulgated by the commissioner of
    53  economic development. "Qualified investments" means the contribution  of
    54  property  to  a corporation in exchange for original issue capital stock
    55  or other ownership interest, the contribution of property to a  partner-
    56  ship  in  exchange  for  an  interest  in  the  partnership, and similar
        S. 6060                            92                            A. 9560
 
     1  contributions in the case of a business entity not in corporate or part-
     2  nership form in exchange for an ownership interest in such  entity.  The
     3  total  amount of credit allowable to a taxpayer under this provision for
     4  all  years, taken in the aggregate, shall not exceed three hundred thou-
     5  sand dollars, and shall not exceed one  hundred  thousand  dollars  with
     6  respect  to  the  investments  and  contributions  described  in each of
     7  subparagraphs one, two and three of this paragraph.
     8    § 18. Paragraph 1 of subsection (d) of section 1456 of the tax law, as
     9  amended by chapter 708 of the laws of 1993, and as  further  amended  by
    10  section  15  of part GG of chapter 63 of the laws of 2000, is amended to
    11  read as follows:
    12    (1) A taxpayer shall be allowed a credit against the  tax  imposed  by
    13  this  article.  The  amount  of the credit shall be equal to twenty-five
    14  percent of the sum of the following investments and  contributions  made
    15  during  the  taxable  year and certified by the commissioner of economic
    16  development: (A) for taxable years beginning before January  first,  two
    17  thousand  five,  qualified  investments made in, or contributions in the
    18  form of donations made to, one or more empire zone capital  corporations
    19  established  pursuant  to section nine hundred sixty-four of the general
    20  municipal law prior to July thirty-first, two-thousand four, (B)  quali-
    21  fied  investments  in  certified zone businesses which during the twelve
    22  month period immediately preceding the month in which such investment is
    23  made employed full-time within the state an average number  of  individ-
    24  uals,  excluding  general  executive  officers,  of two hundred fifty or
    25  fewer, computed pursuant to the provisions of subparagraph (C) of  para-
    26  graph two of subsection (e) of this section, except for investments made
    27  by  or on behalf of an owner of the business, including, but not limited
    28  to, a stockholder, partner or sole proprietor, or any related person, as
    29  defined in subparagraph (C) of paragraph  three  of  subsection  (b)  of
    30  section  four  hundred  sixty-five of the internal revenue code, and (C)
    31  contributions of money to community development projects as  defined  in
    32  regulations  promulgated  by  the  commissioner of economic development.
    33  "Qualified investments" means the contribution of property to  a  corpo-
    34  ration  in  exchange for original issue capital stock or other ownership
    35  interest, the contribution of property to a partnership in exchange  for
    36  an interest in the partnership, and similar contributions in the case of
    37  a  business  entity not in corporate or partnership form in exchange for
    38  an ownership interest in such entity. The total amount of credit  allow-
    39  able  to  a  taxpayer  under  this provision for all years, taken in the
    40  aggregate, shall not exceed three hundred thousand  dollars,  and  shall
    41  not  exceed one hundred thousand dollars with respect to the investments
    42  and contributions described in each of subparagraphs (A), (B) and (C) of
    43  this paragraph.
    44    § 19. Subparagraph (B) of paragraph 2 of  subsection  (e)  of  section
    45  1456  of the tax law, as amended by chapter 170 of the laws of 1994, and
    46  as further amended by section 15 of part GG of chapter 63 of the laws of
    47  2000, is amended to read as follows:
    48    (B) "Targeted employee" means a New York resident who receives  empire
    49  zone wages and who is (i) an eligible individual under the provisions of
    50  the  targeted jobs tax credit (section fifty-one of the internal revenue
    51  code), (ii) eligible for benefits  under  the  provisions  of  the  [job
    52  training partnership] workforce investment act as a dislocated worker or
    53  low-income  individual  (P.L.  [97-300]  105-220,  as  amended), (iii) a
    54  recipient of public assistance benefits  or  (iv)  an  individual  whose
    55  income  is  below the most recently established poverty rate promulgated
    56  by the United States department of commerce, or a  member  of  a  family
        S. 6060                            93                            A. 9560
 
     1  whose  family income is below the most recently established poverty rate
     2  promulgated by the appropriate federal agency.
     3    An individual who satisfies the criteria set forth in clause (i), (ii)
     4  or  (iv)  at  the  time of initial employment in the job with respect to
     5  which the credit is claimed, or who satisfies the criterion set forth in
     6  clause (iii) at such time or at any time within the previous two  years,
     7  shall  be  a  targeted  employee so long as such individual continues to
     8  receive empire zone wages.
     9    § 20. The second undesignated paragraph of paragraph 3  of  subsection
    10  (e)  of  section 1456 of the tax law, as amended by section 16-a of part
    11  CC of chapter 85 of the laws of 2002, is amended to read as follows:
    12    The credit shall be allowed only with respect  to  the  first  taxable
    13  year  during which payments of empire zone wages are made and the condi-
    14  tions set forth in this paragraph are satisfied,  and  with  respect  to
    15  each of the four taxable years next following (but only, with respect to
    16  each  of  such  years,  if such conditions are satisfied), in accordance
    17  with paragraph four of this subsection. Subsequent certifications of the
    18  taxpayer pursuant to article eighteen-B of the general municipal law, at
    19  the same or a different location in the same empire zone or zone  equiv-
    20  alent  area  or  at a location in a different empire zone or zone equiv-
    21  alent area, shall not extend the five taxable year  time  limitation  on
    22  the  allowance  of  the  credit  set  forth  in  the preceding sentence.
    23  Provided, further, however, that no credit shall be allowed with respect
    24  to any taxable year beginning more than four years following the taxable
    25  year in which designation as an empire zone expired  or  more  than  ten
    26  years  after  the designation as a zone equivalent area. Notwithstanding
    27  the previous sentence, a taxpayer which has been certified under article
    28  eighteen-B of the general municipal law in a zone equivalent area  prior
    29  to  June  thirteenth,  two thousand four shall be allowed a credit under
    30  this subdivision for a  total  of  five  taxable  years,  provided  that
    31  payments  of  empire zone wages are made and the conditions set forth in
    32  this subsection are satisfied in each of those years.
    33    § 21. Subparagraph (C) of paragraph 4 of  subsection  (e)  of  section
    34  1456  of  the tax law, as added by section 16-b of part CC of chapter 85
    35  of the laws of 2002, is amended to read as follows:
    36    (C) For purposes of calculating the amount of the credit,  individuals
    37  employed  within an empire zone or zone equivalent area within the imme-
    38  diately preceding sixty months by a related  person,  as  such  term  is
    39  defined  in  subparagraph  (c)  of  paragraph three of subsection (b) of
    40  section four hundred sixty-five of the internal revenue code, shall  not
    41  be  included  in the average number of individuals described in subpara-
    42  graph (A) or subparagraph (B) of this  paragraph,  unless  such  related
    43  person  was never allowed a credit under this subsection with respect to
    44  such employees. For  the  purposes  of  this  subparagraph,  a  "related
    45  person" shall include an entity which would have qualified as a "related
    46  person" to the taxpayer if it had not been dissolved, liquidated, merged
    47  with another entity or otherwise ceased to exist or operate.
    48    §  22.  Subparagraph  (B) of paragraph 2 of subdivision (g) of section
    49  1511 of the tax law, as amended by chapter 170 of the laws of 1994,  and
    50  as further amended by section 15 of part GG of chapter 63 of the laws of
    51  2000, is amended to read as follows:
    52    (B)  "Targeted employee" means a New York resident who receives empire
    53  zone wages and who is (i) an eligible individual under the provision  of
    54  the  targeted jobs tax credit (section fifty-one of the internal revenue
    55  code), (ii) eligible for benefits  under  the  provisions  of  the  [job
    56  training partnership] workforce investment act as a dislocated worker or
        S. 6060                            94                            A. 9560
 
     1  a  low-income  individual  (P.L.  [97-300] 105-220, as amended), (iii) a
     2  recipient of public assistance benefits  or  (iv)  an  individual  whose
     3  income  is  below the most recently established poverty rate promulgated
     4  by  the  United  States  department of commerce, or a member of a family
     5  whose family income is below the most recently established poverty  rate
     6  promulgated by the appropriate federal agency.
     7    An individual who satisfies the criteria set forth in clause (i), (ii)
     8  or  (iv)  at  the  time of initial employment in the job with respect to
     9  which the credit is claimed, or who satisfies the criterion set forth in
    10  clause (iii) at such time or at any time within the previous two  years,
    11  shall  be  a  targeted  employee so long as such individual continues to
    12  receive empire zone wages.
    13    § 23. The second undesignated paragraph of paragraph 3 of  subdivision
    14  (g)  of  section 1511 of the tax law, as amended by section 16-c of part
    15  CC of chapter 85 of the laws of 2002, is amended to read as follows:
    16    The credit shall be allowed only with respect  to  the  first  taxable
    17  year  during which payments of empire zone wages are made and the condi-
    18  tions set forth in this paragraph are satisfied,  and  with  respect  to
    19  each of the four taxable years next following (but only, with respect to
    20  each  of  such  years,  if such conditions are satisfied), in accordance
    21  with paragraph four of this subdivision.  Subsequent  certifications  of
    22  the  taxpayer  pursuant  to  article eighteen-B of the general municipal
    23  law, at the same or a different location in the same empire zone or zone
    24  equivalent area or at a location in a  different  empire  zone  or  zone
    25  equivalent  area, shall not extend the five taxable year time limitation
    26  on the allowance of the credit set  forth  in  the  preceding  sentence.
    27  Provided, further, however, that no credit shall be allowed with respect
    28  to any taxable year beginning more than four years following the taxable
    29  year  in  which  designation  as an empire zone expired or more than ten
    30  years after the designation as a zone equivalent area.   Notwithstanding
    31  the previous sentence, a taxpayer which has been certified under article
    32  eighteen-B  of the general municipal law in a zone equivalent area prior
    33  to June thirteenth, two thousand four shall be allowed  a  credit  under
    34  this  subdivision  for  a  total  of  five  taxable years, provided that
    35  payments of empire zone wages are made and the conditions set  forth  in
    36  this subdivision are satisfied in each of those years.
    37    §  24.  Subparagraph  (C) of paragraph 4 of subdivision (g) of section
    38  1511 of the tax law, as added by section 16-d of part CC of  chapter  85
    39  of the laws of 2002, is amended to read as follows:
    40    (C)  For purposes of calculating the amount of the credit, individuals
    41  employed within an empire zone or zone equivalent area within the  imme-
    42  diately  preceding  sixty  months  by  a related person, as such term is
    43  defined in subparagraph (c) of paragraph  three  of  subsection  (b)  of
    44  section  four hundred sixty-five of the internal revenue code, shall not
    45  be included in the average number of individuals described  in  subpara-
    46  graph  (A)  or  subparagraph  (B) of this paragraph, unless such related
    47  person was never allowed a credit under this subdivision with respect to
    48  such employees.   For the purposes  of  this  subparagraph,  a  "related
    49  person" shall include an entity which would have qualified as a "related
    50  person" to the taxpayer if it had not been dissolved, liquidated, merged
    51  with another entity or otherwise ceased to exist or operate.
    52    §  25.  Paragraph 1 of subdivision (h) of section 1511 of the tax law,
    53  as amended by chapter 708 of the laws of 1993 and  subparagraph  (A)  of
    54  paragraph 1 as further amended by section 15 of part GG of chapter 63 of
    55  the laws of 2000, is amended to read as follows:
        S. 6060                            95                            A. 9560
 
     1    (1)  A  taxpayer  shall be allowed a credit against the tax imposed by
     2  this article. The amount of the credit shall  be  equal  to  twenty-five
     3  percent  of  the sum of the following investments and contributions made
     4  during the taxable year and certified by the  commissioner  of  economic
     5  development:  (A)  for taxable years beginning before January first, two
     6  thousand five, qualified investments made in, or  contributions  in  the
     7  form  of donations made to, one or more empire zone capital corporations
     8  established pursuant to section nine hundred sixty-four of  the  general
     9  municipal  law prior to July thirty-first, two-thousand four, (B) quali-
    10  fied investments in certified zone businesses which  during  the  twelve
    11  month period immediately preceding the month in which such investment is
    12  made  employed  full-time within the state an average number of individ-
    13  uals, excluding general executive officers,  of  two  hundred  fifty  or
    14  fewer,  computed pursuant to the provisions of subparagraph (C) of para-
    15  graph two of subsection (g) of this section, except for investments made
    16  by or on behalf of an owner of the business, including, but not  limited
    17  to, a stockholder, partner or sole proprietor, or any related person, as
    18  defined  in  subparagraph  (C)  of  paragraph three of subsection (b) of
    19  section four hundred sixty-five of the internal revenue  code,  and  (C)
    20  contributions  of  money to community development projects as defined in
    21  regulations promulgated by the  commissioner  of  economic  development.
    22  "Qualified  investments"  means the contribution of property to a corpo-
    23  ration in exchange for original issue capital stock or  other  ownership
    24  interest,  the contribution of property to a partnership in exchange for
    25  an interest in the partnership, and similar contributions in the case of
    26  a business entity not in corporate or partnership form in  exchange  for
    27  an ownership interest in such entity.  The total amount of credit allow-
    28  able  to  a  taxpayer  under  this provision for all years, taken in the
    29  aggregate, shall not exceed three hundred thousand  dollars,  and  shall
    30  not  exceed one hundred thousand dollars with respect to the investments
    31  and contributions described in each of subparagraphs (A), (B) and (C) of
    32  this paragraph.
    33    § 26. Notwithstanding the amendments made by sections twelve and thir-
    34  teen of this act, any business enterprise certified under  article  18-B
    35  of  the  general  municipal  law prior to April 1, 2004 which has a base
    36  period of zero years or which is an electric generating  facility  shall
    37  be  entitled  to  apply  to the commissioner of economic development for
    38  permission to determine its status as a QEZE and calculate its QEZE real
    39  property tax credit and its QEZE tax reduction credit for taxable  years
    40  beginning  on or after January 1, 2004 using the law in effect for taxa-
    41  ble years beginning on or after January 1, 2003 but  before  January  1,
    42  2004.  The  commissioner  of economic development shall promulgate rules
    43  that shall set forth the procedures for business enterprises  to  follow
    44  to  apply  for such permission and the standards to be used to determine
    45  whether or not such permission shall be  granted.  The  commissioner  of
    46  economic  development  shall  notify  the  commissioner  of taxation and
    47  finance of all applications received for such permission and the  dispo-
    48  sition of all such applications.
    49    §  27. This act shall take effect immediately; provided, however, that
    50  (i) sections twelve, thirteen, fifteen, twenty and twenty-three of  this
    51  act  shall  apply to taxable years beginning on or after January 1, 2004
    52  and (ii) the amendment in section twelve of this act to subdivision  (g)
    53  of  section  14  of the tax law concerning "related person" and sections
    54  sixteen, twenty-one and twenty-four of this act shall apply  to  taxable
    55  years beginning on or after January 1, 2002.
        S. 6060                            96                            A. 9560
 
     1    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     2  sion,  section  or  part  of  this act shall be adjudged by any court of
     3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     4  impair,  or  invalidate  the remainder thereof, but shall be confined in
     5  its  operation  to the clause, sentence, paragraph, subdivision, section
     6  or part thereof directly involved in the controversy in which such judg-
     7  ment shall have been rendered. It is hereby declared to be the intent of
     8  the legislature that this act would  have  been  enacted  even  if  such
     9  invalid provisions had not been included herein.
    10    §  3.  This  act shall take effect immediately provided, however, that
    11  the applicable effective date of Parts A through T of this act shall  be
    12  as specifically set forth in the last section of such Parts.
        S. 6060                            97                            A. 9560
 
                        2004-2005 NEW YORK STATE EXECUTIVE BUDGET
 
                             REVENUE ARTICLE VII LEGISLATION
 
                                        CONTENTS
                                                                       STARTING
                                                                         PAGE
        PART      DESCRIPTION                                           NUMBER
          A       Replace the permanent $110 clothing and footwear
                  tax exemption with four $500 exemption weeks.             3
          B       Allow for an additional $2 million in tax credits
                  annually, or $20 million over the ten-year life of
                  the program, for the Low-Income Housing Tax Credit
                  program which will spur a new round of affordable
                  housing construction.                                     6
          C       Make Quick Draw permanent.                                6
          D       Remove restrictions on Quick Draw.                        6
          E       Extend the MTA surcharge that is scheduled to expire
                  on December 31, 2005.                                     7
          F       Extend the Alternative Fuels Vehicle Program for
                  one year.                                                14
          G       Modify the fixed dollar minimum tax base.                20
          H       Create a new exemption from the personal income
                  tax for Federal military pay for New York State
                  Guard members activated and deployed full-time in
                  the New York War on Terror.                              20
          I       Reduce the tax burden for manufacturers by phasing
                  in a 100 percent receipts factor in determining
                  income apportioned to New York State.                    23
          J       Place sales tax rate surcharges on certain taxable
                  services to fund public safety and security
                  initiatives.                                             25
          K       Allow the direct shipment of wine into New York
                  State from out-of-state wineries.                        27
          L       Clarify rights regarding the availability of tax
                  hearings.                                                31
          M       Create a new biotech program that would allow
                  qualified biotech companies to sell their unused
                  losses to eligible corporations based on 90 percent
                  of the value of the losses.                              35
          N       Ease filing requirements for low-income taxpayers
                  under the personal income tax.                           41
          O       Provide for the State to enter into price parity
                  agreements with Native American nations with respect
                  to cigarettes, motor fuel and alcoholic beverages
                  and exempt such Native American nations from current
                  regulations to collect the respective taxes.             41
          P       Extend the bank tax for one year and the Federal
                  Gramm-Leach-Bliley Act provisions for two years to
                  preserve current revenues.                               43
          Q       Create a new State STAR credit under the personal
                  income tax to protect the STAR benefit from the
                  effects of inflation.                                    50
          R       Authorize up to eight new facilities to be licensed
                  by the Division of the Lottery to operate video
                  lottery terminals.                                       51
        S. 6060                            98                            A. 9560
 
          S       Include in New York source income, gains from sales
                  of cooperative apartment stock for non-residents.        54
          T       Extend and reform the Empire Zones Program.              60