RETRIEVE BILL REVENUE - 0607


                STATE OF NEW YORK
        ________________________________________________________________________

            S. 6460                                                  A. 9560

                SENATE - ASSEMBLY

                                    January 20, 2006
                                       ___________

        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 eliminating the marriage
          penalty in the personal income tax (Part A); to amend the tax law,  in
          relation  to reducing the personal income tax rates (Part B); to amend
          the tax law, in relation to the subtraction from adjusted gross income
          for members of the New York state organized militia  serving  pursuant
          to  active  duty  orders issued by the federal government (Part C); to
          amend the tax law, in relation  to  providing  a  credit  against  the
          personal  income tax for certain education expenses (Part D); to amend
          the tax law, in relation to the amount of the unified credit allowable
          under the estate tax and the rate of such tax and the generation-skip-
          ping transfer tax (Part E); to amend the general municipal law and the
          tax law, in relation to the expansion of the empire zone program (Part
          F); to amend the tax law,  in  relation  to  the  elimination  of  the
          subsidiary  capital  base  rate of tax under article 9-A thereof (Part
          G); to amend the tax law, in relation to the elimination of the  mini-
          mum  taxable income base and alternative entire net income base of tax
          under article 9-A and article 32 thereof (Part H); to  amend  the  tax
          law, in relation to the deductions taken under articles 9-A, 22 and 32
          thereof  relating  to  the purchase of certain tangible property (Part
          I); to amend the tax law, in relation to the reduction of the tax rate
          under Articles 9-A and 32 thereof (Part J); to amend the tax  law,  in
          relation to the elimination of the capital base and taxable asset base
          of  tax  under  articles 9-A and 32 thereof (Part K); to amend the tax
          law, in relation to permanently eliminating the article twenty-two tax
          equivalent in the computation of the tax  imposed  on  a  New  York  S
          corporation  (Part  L); to amend the tax law, in relation to the taxa-
          tion of premiums from annuity contracts (Part M);  to  amend  the  tax
          law,  in  relation to the limitations on tax applicable to life insur-
          ance companies (Part N); to amend the tax  law,  in  relation  to  the
          sales tax vendor credit authorized under article 28 (Part O); to amend

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12274-02-6
        S. 6460                             2                            A. 9560

          chapter  298 of the laws of 1985, amending the tax law relating to the
          franchise tax on banking corporations imposed by the tax law,  author-
          ized  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 administra-
          tive  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 imposition of taxes in  the  city  of  New
          York,  in  relation to the effectiveness of certain provisions of such
          chapters; and to amend the tax law, in relation to permitting  certain
          banking  corporations otherwise subject to tax under article 32 of the
          tax law to make an election to be taxed under article 9-A of such law;
          and to amend the administrative code of  the  city  of  New  York,  in
          relation  to permitting certain banking corporations otherwise subject
          to tax under subchapter 3 of chapter 6 of title 11 of the  administra-
          tive  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 exempting new
          Energy Star appliances and home  weatherization  products  from  state
          sales  and compensating use taxes imposed by article 28 of the tax law
          during two seven-day periods each year and  authorizing  counties  and
          cities  to elect such exemption from local sales and use taxes imposed
          by or pursuant to the authority of article 28 or 29 of such law  (Part
          Q);  to  amend  the  tax  law,  in  relation to providing a refundable
          personal income tax credit related to the cost  associated  with  home
          heating  (Part  R);  to  amend the tax law, in relation to providing a
          refundable personal income tax credit related to the  cost  associated
          with  replacement  or renovation of a home heating system (Part S); to
          amend the tax law, in relation to providing  refundable  personal  and
          business  income  tax  credits related to energy costs associated with
          small businesses and eligible farmers (Part T); to amend the tax  law,
          in relation to providing tax credits for clean-fuel property, alterna-
          tive  fuel  vehicles and biofuel production (Part U); to amend the tax
          law, in relation to providing exemptions, reimbursements  and  credits
          from  various  taxes  for certain alternative fuels (Part V); to amend
          the tax law, in relation to imposing certain limitations on  eligibil-
          ity  for the brownfield tax credits described in sections 21 and 22 of
          the tax law (Part W); to amend the tax law and the  parks,  recreation
          and  historic  preservation  law,  in  relation  to providing a credit
          against income tax for the rehabilitation of historic homes or for the
          purchase of rehabilitated historic homes in  certain  instances  (Part
          X);  to  amend  the tax law, in relation to providing a tax credit for
          real property taxes on land covered by certain conservation  easements
          (Part  Y);  to  amend  the tax law and chapter 285 of the laws of 2005
          amending the tax law relating to exempting certain clothing and  foot-
          wear  sales  and  uses from local sales and compensating use taxes, in
          relation to replacing the year-round state and local sales and compen-
          sating use tax clothing and footwear exemptions with two annual weekly
          exemption periods and modifying  such  local  exemptions  for  certain
          localities,  to  repeal subdivision (k) of section 1210 of the tax law
          relating to the authority of a city of a  million  or  more  to  elect
          weekly exemption periods, to repeal section 1 of part A of chapter 101
          of  the  laws of 2004 relating to the suspension and the effectiveness
        S. 6460                             3                            A. 9560

          of exemptions of certain clothing and footwear from sales and  compen-
          sating use taxes imposed by or pursuant to the authority of article 28
          or  29  of the tax law, and to repeal part J of chapter 61 of the laws
          of  2005  amending the tax law and other laws relating to implementing
          the state fiscal plan for the 2005-2006 state fiscal year (Part Z); to
          amend chapter 61 of the laws of 2005, amending the tax law  and  other
          laws  relating to implementing the state fiscal plan for the 2005-2006
          state fiscal year, in relation to the effectiveness of filing fees for
          certain limited liability companies and limited liability partnerships
          (Part AA); to amend chapter 60 of the laws of 2004, amending  the  tax
          law relating to the fixed dollar minimum tax, in relation to extending
          the  fixed  dollar  minimum tax for a taxpayer based on the taxpayer's
          gross payroll (Part BB); 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 CC); to amend chapter 218 of the
          laws of 2004, amending the tax law relating to an exemption  from  the
          tax  on admission charges with respect to certain places of amusement,
          in relation to making such law permanent (Part DD); to amend  the  tax
          law  and  to amend chapter 62 of the laws of 2003 amending the vehicle
          and traffic law and other laws relating to  increasing  certain  motor
          vehicle  transaction  fees,  in relation to the distribution of moneys
          collected from the taxes imposed by sections 183 and 184 of  such  law
          (Part  EE);  to  amend  the  tax  law, in relation to certification of
          registration to collect sales and compensating use  taxes  by  certain
          contractors, affiliates and subcontractors (Part FF); to amend the tax
          law, in relation to video lottery gaming (Part GG); to amend the aban-
          doned  property  law,  in relation to uncashed travelers checks, money
          orders and negotiable instruments (Part HH); to amend the tax law,  in
          relation  to  providing  tax-exempt cigarettes for export out of state
          from qualified Indian reservations; and to amend  chapter  61  of  the
          laws  of  2005  amending the tax law and other laws relating to imple-
          menting the state fiscal plan for the 2005-2006 state fiscal year,  in
          relation  to  postponing  the  effective date of certain provisions of
          such chapter relating to taxes on cigarettes, motor fuel,  and  Diesel
          motor  fuel  purchases on qualified Indian reservations, and providing
          additional amendments related to  the  enactment  of  such  provisions
          (Part II); to amend part Z of chapter 61 of the laws of 2005, relating
          to authorizing compensation to the state for any reimbursements, over-
          payments,  adjustments  or other modifications made to a county or the
          city of New York, in relation to amounts necessary for any changes  in
          the state and city cigarette tax rates (Part JJ); 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  to  amend  the  tax law, in relation to the lottery game of Quick
          Draw (Part KK); to amend chapter 60 of the laws of 2004, amending  the
          tax  law  relating  to  the  empire  state film credit, in relation to
          making permanent such credit and to increasing  the  annual  aggregate
          amount of such credit available (Part LL); to amend the civil practice
          law  and rules, in relation to the undertaking required of participat-
          ing and non-participating manufacturers of the tobacco product  master
          settlement  agreement  or an affiliate of such a participating or non-
          participating manufacturer to stay enforcement of  a  judgment  during
          appeal  (Part  MM);  to  amend the tax law in relation to the determi-
          nation of entire net income of corporations under articles 9-A, 32 and
          33 of the tax law (Part NN); to amend the state finance  law  and  the
          tax law, in relation to bringing the abandoned property fund on budget
        S. 6460                             4                            A. 9560

          in  the joint custody of the comptroller and the commissioner of taxa-
          tion and finance and to increase reporting requirements (Part OO);  to
          amend  the  tax law, in relation to reforming the tobacco products and
          cigarette  taxes  to  remedy  various  administrative,  compliance and
          enforcement problems (Part PP); to amend the tax law, in  relation  to
          the  method used by a nonresident and part-year resident to report New
          York source income derived from stock option  grants,  stock  appreci-
          ation  rights and restricted stock (Part QQ); to amend the tax law, in
          relation to certain tax surcharges and in relation to the distribution
          of certain revenues from the taxes imposed under articles  nine-A  and
          thirty-two  thereof  (Part  RR);  to amend the tax law, in relation to
          increasing the minimum allowable price for the sale of  cigarettes  to
          wholesale  dealers  and  retail  dealers under the cigarette marketing
          standards act (Part SS); and to amend chapter 714 of the laws of 2004,
          amending the tax law relating to limiting the credit of  tax  overpay-
          ments to the office of temporary and disability assistance for certain
          taxpayers, in relation to permanently limiting the credit of tax over-
          payments  to  the  office  of  temporary and disability assistance for
          certain taxpayers (Part TT)

          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 2006-2007
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified as Parts A through TT. 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 a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the
    10  Part  in  which  it  is  found. Section three of this act sets forth the
    11  general effective date of this act.

    12                                   PART A

    13  Section 1. The opening paragraph of subsection (d) of section 601 of the
    14  tax law, as amended by section 1 of part R of chapter 63 of the laws  of
    15  2003, is amended to read as follows:
    16    For  taxable  years beginning after nineteen hundred ninety and before 
    17  two thousand six , there is hereby imposed a supplemental tax in addition
    18  to the tax imposed under subsections (a), (b) and (c)  of  this  section
    19  for  the  purpose of recapturing the benefit of the tax tables contained
    20  in such subsections or section six hundred ninety-nine of this  article,
    21  as the case may be. The supplemental tax shall be an amount equal to the
    22  sum  of  the tax table benefits in paragraphs one, two and three of this
    23  subsection multiplied by their respective fractions in  such  paragraphs
    24  provided, however, that paragraph two of this subsection shall not apply
    25  to taxpayers that are not subject to the second highest rate of tax.
    26    §  2.  Section  601  of  the  tax  law  is  amended  by adding two new
    27  subsections (d-1) and (d-2) to read as follows:
    28    (d-1) Tax table benefit recapture. For taxable years beginning in  two 
    29  thousand  six, there is hereby imposed a supplemental tax in addition to 
    30  the tax imposed under subsections (a), (b) and (c) of this  section  for 
        S. 6460                             5                            A. 9560

     1  the  purpose  of  recapturing the benefit of the tax tables contained in 
     2  such subsections or section six hundred ninety-nine of this article,  as 
     3  the  case  may  be. The supplemental tax shall be an amount equal to the 
     4  tax table benefit multiplied by a fraction. 
     5    (1)  Resident  married  individuals  filing joint returns and resident 
     6  surviving spouses. (A) The tax table benefit is the  difference  between 
     7  (i)  the  amount  of  taxable  income  set  forth  in  the  tax table in 
     8  subsection (a) of this section, or in section six hundred ninety-nine of 
     9  this article, as the case may be, not subject to the highest rate of tax 
    10  for the taxable year multiplied by such rate and (ii) the highest dollar 
    11  denominated tax set forth in the tax table  applicable  to  the  taxable 
    12  year  in  subsection  (a) of this section or section six hundred ninety- 
    13  nine of this article, as the case may be. 
    14    (B) The fraction is computed as follows: the numerator is  the  lesser 
    15  of  fifty  thousand  dollars  or  the  excess of New York adjusted gross 
    16  income for the taxable year over one hundred fifty thousand dollars  and 
    17  the denominator is fifty thousand dollars. 
    18    (2)  Resident  heads  of  households. (A) The tax table benefit is the 
    19  difference between (i) the amount of taxable income set forth in the tax 
    20  table in subsection (b) of this section, or in section six hundred nine- 
    21  ty-nine of this article, as the case may be, not subject to the  highest 
    22  rate  of  tax  for the taxable year multiplied by such rate and (ii) the 
    23  highest dollar denominated tax set forth in the tax table applicable  to 
    24  the  taxable  year  in  subsection  (b)  of  this section or section six 
    25  hundred ninety-nine of this article, as the case may be. 
    26    (B) The fraction is computed as follows: the numerator is  the  lesser 
    27  of  fifty  thousand  dollars  or  the  excess of New York adjusted gross 
    28  income for the taxable year over one hundred thousand  dollars  and  the 
    29  denominator is fifty thousand dollars. 
    30    (3)  Resident  unmarried  individuals,  resident  married  individuals 
    31  filing separate returns and resident estates and  trusts.  (A)  The  tax 
    32  table benefit is the difference between (i) the amount of taxable income 
    33  set  forth  in  the  tax  table in subsection (c) of this section, or in 
    34  section six hundred ninety-nine of this article, as the case may be, not 
    35  subject to the highest rate of tax for the taxable  year  multiplied  by 
    36  such  rate  and (ii) the highest dollar denominated tax set forth in the 
    37  tax table applicable to the taxable  year  in  subsection  (c)  of  this 
    38  section  or section six hundred ninety-nine of this article, as the case 
    39  may be. 
    40    (B) The fraction is computed as follows: the numerator is  the  lesser 
    41  of  fifty  thousand  dollars  or  the  excess of New York adjusted gross 
    42  income for the taxable year over one hundred thousand  dollars  and  the 
    43  denominator is fifty thousand dollars. 
    44    (d-2)  Tax  table benefit recapture. For taxable years beginning after 
    45  two thousand six, there is hereby imposed a supplemental tax in addition 
    46  to the tax imposed under subsections (a), (b) and (c)  of  this  section 
    47  for  the  purpose of recapturing the benefit of the tax tables contained 
    48  in such subsections or section six hundred ninety-nine of this  article, 
    49  as the case may be. The supplemental tax shall be an amount equal to the 
    50  tax table benefit multiplied by a fraction. 
    51    (1)  Resident  married  individuals  filing joint returns and resident 
    52  surviving spouses. (A) The tax table benefit is the  difference  between 
    53  (i)  the  amount  of  taxable  income  set  forth  in  the  tax table in 
    54  subsection (a) of this section, or in section six hundred ninety-nine of 
    55  this article, as the case may be, not subject to the highest rate of tax 
    56  for the taxable year multiplied by such rate and (ii) the highest dollar 
        S. 6460                             6                            A. 9560

     1  denominated tax set forth in the tax table  applicable  to  the  taxable 
     2  year  in  subsection  (a) of this section or section six hundred ninety- 
     3  nine of this article, as the case may be. 
     4    (B)  The  fraction is computed as follows: the numerator is the lesser 
     5  of one hundred thousand dollars or the excess of New York adjusted gross 
     6  income for the taxable year over two hundred forty thousand dollars  and 
     7  the denominator is one hundred thousand dollars. 
     8    (2)  Resident  heads  of  households. (A) The tax table benefit is the 
     9  difference between (i) the amount of taxable income set forth in the tax 
    10  table in subsection (b) of this section, or in section six hundred nine- 
    11  ty-nine of this article, as the case may be, not subject to the  highest 
    12  rate  of  tax  for the taxable year multiplied by such rate and (ii) the 
    13  highest dollar denominated tax set forth in the tax table applicable  to 
    14  the  taxable  year  in  subsection  (b)  of  this section or section six 
    15  hundred ninety-nine of this article, as the case may be. 
    16    (B) The fraction is computed as follows: the numerator is  the  lesser 
    17  of  fifty  thousand  dollars  or  the  excess of New York adjusted gross 
    18  income for the taxable year over one hundred twenty thousand dollars and 
    19  the denominator is fifty thousand dollars. 
    20    (3)  Resident  unmarried  individuals,  resident  married  individuals 
    21  filing  separate  returns  and  resident estates and trusts. (A) The tax 
    22  table benefit is the difference between (i) the amount of taxable income 
    23  set forth in the tax table in subsection (c)  of  this  section,  or  in 
    24  section six hundred ninety-nine of this article, as the case may be, not 
    25  subject  to  the  highest rate of tax for the taxable year multiplied by 
    26  such rate and (ii) the highest dollar denominated tax set forth  in  the 
    27  tax  table  applicable  to  the  taxable  year in subsection (c) of this 
    28  section or section six hundred ninety-nine of this article, as the  case 
    29  may be. 
    30    (B)  The  fraction is computed as follows: the numerator is the lesser 
    31  of fifty thousand dollars or the  excess  of  New  York  adjusted  gross 
    32  income for the taxable year over one hundred twenty thousand dollars and 
    33  the denominator is fifty thousand dollars. 
    34    § 3. Subsections (b) and (d) of section 614 of the tax law, subsection
    35  (b)  as amended by section 1 of part P of chapter 63 of the laws of 2000
    36  and subsection (d) as amended by chapter 170 of the laws  of  1994,  are
    37  amended to read as follows:
    38    (b)  Husband and wife filing jointly and surviving spouse. For taxable
    39  years beginning after two thousand [two] five ,  the  New  York  standard
    40  deduction  of a husband and wife whose New York taxable income is deter-
    41  mined jointly or a surviving spouse shall be fifteen  thousand  dollars; 
    42  for  taxable years beginning after two thousand two and before two thou- 
    43  sand six, such standard deduction shall be fourteen thousand six hundred
    44  dollars; for taxable years beginning in two thousand two, such  standard
    45  deduction  shall  be  fourteen thousand two hundred dollars; for taxable
    46  years beginning in two thousand one, such standard  deduction  shall  be
    47  thirteen  thousand  four  hundred  dollars;  for taxable years beginning
    48  after nineteen hundred ninety-six and  before  two  thousand  one,  such
    49  standard deduction shall be thirteen thousand dollars; for taxable years
    50  beginning  in nineteen hundred ninety-six, such standard deduction shall
    51  be twelve thousand three hundred fifty dollars; for taxable years begin-
    52  ning in nineteen hundred ninety-five, such standard deduction  shall  be
    53  ten  thousand  eight  hundred  dollars;  and for taxable years beginning
    54  after nineteen hundred eighty-nine and before nineteen  hundred  ninety-
    55  five,  such  standard  deduction  shall  be  nine  thousand five hundred
    56  dollars.
        S. 6460                             7                            A. 9560

     1    (d) Married individuals filing separately. For taxable years beginning
     2  after [nineteen hundred ninety-six] two  thousand  five ,  the  New  York
     3  standard  deduction  of  a  married  individual filing a separate return
     4  shall be seven thousand five hundred dollars; for taxable  years  begin- 
     5  ning after nineteen hundred ninety-six and before two thousand six, such 
     6  standard deduction shall be six thousand five hundred dollars; for taxa-
     7  ble  years  beginning  in  nineteen  hundred  ninety-six,  such standard
     8  deduction shall be six thousand one hundred  seventy-five  dollars;  for
     9  taxable  years  beginning in nineteen hundred ninety-five, such standard
    10  deduction shall be five thousand four hundred dollars; and  for  taxable
    11  years  beginning  after nineteen hundred eighty-nine and before nineteen
    12  hundred ninety-five, such standard  deduction  shall  be  four  thousand
    13  seven hundred fifty dollars.
    14    § 4. This act shall take effect immediately.

    15                                   PART B

    16  Section  1.  Subsections (a), (b) and (c) of section 601 of the tax law,
    17  as amended by section 1 of part Y3 of chapter 62 of the  laws  of  2003,
    18  are amended to read as follows:
    19    (a)  Resident  married  individuals  filing joint returns and resident
    20  surviving spouses. There is hereby imposed for each taxable year on  the
    21  New York taxable income of every resident married individual who makes a
    22  single  return  jointly  with his spouse under subsection (b) of section
    23  six hundred fifty-one and on the New York taxable income of every  resi-
    24  dent  surviving spouse a tax determined in accordance with the following
    25  tables:

    26    (1) For taxable years beginning after two thousand six: 

    27  If the New York taxable income is:    The tax is: 
    28  Not over $16,000                      4% of the New York taxable 
    29                                        income 
    30  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over 
    31                                        $16,000 
    32  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over 
    33                                        $22,000 
    34  Over $26,000 but not over $60,000     $1,120 plus 5.9% of excess over 
    35                                        $26,000 
    36  Over $60,000                          $3,126 plus 6.75% of excess over 
    37                                        $60,000 

    38    (2)  For taxable years beginning [after two thousand five] in two thou- 
    39  sand six :

    40  If the New York taxable income is:    The tax is:
    41  Not over $16,000                      4% of the New York taxable
    42                                        income
    43  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
    44                                        $16,000
    45  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
    46                                        $22,000
    47  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
    48                                        $26,000
    49  Over $40,000                          $1,946 plus 6.85% of excess over
    50                                        $40,000
        S. 6460                             8                            A. 9560

     1    [(2)] (3)  For taxable years beginning in two thousand five:

     2  If the New York taxable income is:    The tax is:
     3  Not over $16,000                      4% of the New York taxable
     4                                        income
     5  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
     6                                        $16,000
     7  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
     8                                        $22,000
     9  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
    10                                        $26,000
    11  Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
    12                                        $40,000
    13  Over $150,000 but not over $500,000   $9,481 plus 7.25% of excess over
    14                                        $150,000
    15  Over $500,000                         $34,856 plus 7.7% of excess over
    16                                        $500,000

    17    [(3)] (4)  For taxable years beginning in two thousand four:

    18  If the New York taxable income is:    The tax is:
    19  Not over $16,000                      4% of the New York taxable
    20                                        income
    21  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
    22                                        $16,000
    23  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
    24                                        $22,000
    25  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
    26                                        $26,000
    27  Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
    28                                        $40,000
    29  Over $150,000 but not over $500,000   $9,481 plus 7.375% of excess over
    30                                        $150,000
    31  Over $500,000                         $35,294 plus 7.7% of excess over
    32                                        $500,000

    33    [(4)] (5)  For taxable years beginning in two thousand three:

    34  If the New York taxable income is:    The tax is:
    35  Not over $16,000                      4% of the New York taxable
    36                                        income
    37  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
    38                                        $16,000
    39  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
    40                                        $22,000
    41  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
    42                                        $26,000
    43  Over $40,000 but not over $150,000    $1,946 plus 6.85% of excess over
    44                                        $40,000
    45  Over $150,000 but not over $500,000   $9,481 plus 7.5% of excess over
    46                                        $150,000
    47  Over $500,000                         $35,731 plus 7.7% of excess over
    48                                        $500,000

    49    [(5)]  (6)  For taxable years beginning after nineteen hundred ninety-
    50  six and before two thousand three:
        S. 6460                             9                            A. 9560

     1  If the New York taxable income is:    The tax is:
     2  Not over $16,000                      4% of the New York taxable
     3                                        income
     4  Over $16,000 but not over $22,000     $640 plus 4.5% of excess over
     5                                        $16,000
     6  Over $22,000 but not over $26,000     $910 plus 5.25% of excess over
     7                                        $22,000
     8  Over $26,000 but not over $40,000     $1,120 plus 5.9% of excess over
     9                                        $26,000
    10  Over $40,000                          $1,946 plus 6.85% of excess over
    11                                        $40,000

    12    [(6)] (7)  For taxable years beginning in nineteen hundred ninety-six:

    13  If the New York taxable income is:    The tax is:
    14  Not over $11,000                      4% of the New York taxable
    15                                        income
    16  Over $11,000 but not over $16,000     $440 plus 5% of excess over
    17                                        $11,000
    18  Over $16,000 but not over $22,000     $690 plus 6% of excess over
    19                                        $16,000
    20  Over $22,000                          $1,050 plus 7% of excess over
    21                                        $22,000
    22    [(7)] (8)  For taxable years beginning in nineteen hundred ninety-five:

    23  If the New York taxable income is:    The tax is:
    24  Not over $13,000                      4.55% of the New York taxable
    25                                        income
    26  Over $13,000 but not over $19,000     $592 plus 5.55% of excess over
    27                                        $13,000
    28  Over $19,000 but not over $25,000     $925 plus 6.55% of excess over
    29                                        $19,000
    30  Over $25,000                          $1,318 plus 7.5% of excess over
    31                                        $25,000

    32    [(8)]  (9)  For taxable years beginning after nineteen hundred eighty-
    33  nine and before nineteen hundred ninety-five:

    34  If the New York taxable income is:    The tax is:
    35  Not over $11,000                      4% of the New York taxable
    36                                        income
    37  Over $11,000 but not over $16,000     $440 plus 5% of excess over
    38                                        $11,000
    39  Over $16,000 but not over $22,000     $690 plus 6% of excess over
    40                                        $16,000
    41  Over $22,000 but not over $26,000     $1,050 plus 7% of excess over
    42                                        $22,000
    43  Over $26,000                          $1,330 plus 7.875% of excess over
    44                                        $26,000

    45    (b) Resident heads of households. There is  hereby  imposed  for  each
    46  taxable  year on the New York taxable income of every resident head of a
    47  household a tax determined in accordance with the following tables:
    48    (1) For taxable years beginning after two thousand six: 
        S. 6460                            10                            A. 9560

     1  If the New York taxable income is:    The tax is: 
     2  Not over $11,000                      4% of the New York taxable 
     3                                        income 
     4  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over 
     5                                        $11,000 
     6  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over 
     7                                        $15,000 
     8  Over $17,000 but not over $45,000     $725 plus 5.9% of excess over 
     9                                        $17,000 
    10  Over $45,000                          $2,377 plus 6.75% of excess over 
    11                                        $45,000 

    12    (2)  For taxable years beginning [after two thousand five] in two thou- 
    13  sand six :

    14  If the New York taxable income is:    The tax is:
    15  Not over $11,000                      4% of the New York taxable
    16                                        income
    17  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
    18                                        $11,000
    19  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    20                                        $15,000
    21  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
    22                                        $17,000
    23  Over $30,000                          $1,492 plus 6.85% of excess over
    24                                        $30,000

    25    [(2)] (3)  For taxable years beginning in two thousand five:

    26  If the New York taxable income is:    The tax is:
    27  Not over $11,000                      4% of the New York taxable
    28                                        income
    29  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
    30                                        $11,000
    31  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    32                                        $15,000
    33  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
    34                                        $17,000
    35  Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
    36                                        $30,000
    37  Over $125,000 but not over $500,000   $8,000 plus 7.25% of excess over
    38                                        $125,000
    39  Over $500,000                         $35,187 plus 7.7% of excess over
    40                                        $500,000

    41    [(3)] (4)  For taxable years beginning in two thousand four:

    42  If the New York taxable income is:    The tax is:
    43  Not over $11,000                      4% of the New York taxable
    44                                        income
    45  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
    46                                        $11,000
    47  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    48                                        $15,000
    49  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
        S. 6460                            11                            A. 9560

     1                                        $17,000
     2  Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
     3                                        $30,000
     4  Over $125,000 but not over $500,000   $8,000 plus 7.375% of excess over
     5                                        $125,000
     6  Over $500,000                         $35,656 plus 7.7% of excess over
     7                                        $500,000

     8    [(4)] (5)  For taxable years beginning in two thousand three:

     9  If the New York taxable income is:    The tax is:
    10  Not over $11,000                      4% of the New York taxable
    11                                        income
    12  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
    13                                        $11,000
    14  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    15                                        $15,000
    16  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
    17                                        $17,000
    18  Over $30,000 but not over $125,000    $1,492 plus 6.85% of excess over
    19                                        $30,000
    20  Over $125,000 but not over $500,000   $8,000 plus 7.5% of excess over
    21                                        $125,000
    22  Over $500,000                         $36,125 plus 7.7% of excess over
    23                                        $500,000

    24    [(5)]  (6)  For taxable years beginning after nineteen hundred ninety-
    25  six and before two thousand three:

    26  If the New York taxable income is:    The tax is:
    27  Not over $11,000                      4% of the New York taxable
    28                                        income
    29  Over $11,000 but not over $15,000     $440 plus 4.5% of excess over
    30                                        $11,000
    31  Over $15,000 but not over $17,000     $620 plus 5.25% of excess over
    32                                        $15,000
    33  Over $17,000 but not over $30,000     $725 plus 5.9% of excess over
    34                                        $17,000
    35  Over $30,000                          $1,492 plus 6.85% of excess over
    36                                        $30,000

    37    [(6)] (7)  For taxable years beginning in nineteen hundred ninety-six:

    38  If the New York taxable income is:    The tax is:
    39  Not over $7,500                       4% of the New York taxable
    40                                        income
    41  Over $7,500 but not over $11,000      $300 plus 5% of excess over
    42                                        $7,500
    43  Over $11,000 but not over $15,000     $475 plus 6% of excess over
    44                                        $11,000
    45  Over $15,000                          $ 715 plus 7% of excess over
    46                                        $15,000

    47    [(7)] (8)  For taxable years beginning in nineteen hundred ninety-five:
        S. 6460                            12                            A. 9560

     1  If the New York taxable income is:    The tax is:
     2  Not over $9,000                       4.55% of the New York taxable
     3                                        income
     4  Over $9,000 but not over $14,000      $410 plus 5.55% of excess over
     5                                        $9,000
     6  Over $14,000 but not over $19,000     $687 plus 6.55% of excess over
     7                                        $14,000
     8  Over $19,000                          $1,015 plus 7.5% of excess over
     9                                        $19,000

    10    [(8)]  (9)  For taxable years beginning after nineteen hundred eighty-
    11  nine and before nineteen hundred ninety-five:

    12  If the New York taxable income is:    The tax is:
    13  Not over $7,500                       4% of the New York taxable
    14                                        income
    15  Over $7,500 but not over $11,000      $300 plus 5% of excess over
    16                                        $7,500
    17  Over $11,000 but not over $15,000     $475 plus 6% of excess over
    18                                        $11,000
    19  Over $15,000 but not over $17,000     $715 plus 7% of excess over
    20                                        $15,000
    21  Over $17,000                          $855 plus 7.875% of excess over
    22                                        $17,000

    23    (c)  Resident  unmarried  individuals,  resident  married  individuals
    24  filing separate returns and resident estates and trusts. There is hereby
    25  imposed  for  each  taxable year on the New York taxable income of every
    26  resident individual who is not a married individual who makes  a  single
    27  return  jointly  with  his  spouse  under  subsection (b) of section six
    28  hundred fifty-one or a resident  head  of  a  household  or  a  resident
    29  surviving  spouse,  and on the New York taxable income of every resident
    30  estate and trust a tax  determined  in  accordance  with  the  following
    31  tables:
    32    (1) For taxable years beginning after two thousand six: 

    33  If the New York taxable income is:    The tax is: 
    34  Not over $8,000                       4% of the New York taxable 
    35                                        income 
    36  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over 
    37                                        $8,000 
    38  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over 
    39                                        $11,000 
    40  Over $13,000 but not over $30,000     $560 plus 5.9% of excess over 
    41                                        $13,000 
    42  Over $30,000                          $1,563 plus 6.75% of excess over 
    43                                        $30,000 

    44    (2)  For taxable years beginning [after two thousand five] in two thou- 
    45  sand six :

    46  If the New York taxable income is:    The tax is:
    47  Not over $8,000                       4% of the New York taxable
    48                                        income
    49  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
        S. 6460                            13                            A. 9560

     1                                        $8,000
     2  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
     3                                        $11,000
     4  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
     5                                        $13,000
     6  Over $20,000                          $973 plus 6.85% of excess over
     7                                        $20,000

     8    [(2)] (3)  For taxable years beginning in two thousand five:

     9  If the New York taxable income is:    The tax is:
    10  Not over $8,000                       4% of the New York taxable
    11                                        income
    12  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
    13                                        $8,000
    14  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
    15                                        $11,000
    16  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
    17                                        $13,000
    18  Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
    19                                        $20,000
    20  Over $100,000 but not over $500,000   $6,453 plus 7.25% of excess over
    21                                        $100,000
    22  Over $500,000                         $35,453 plus 7.7% of excess over
    23                                        $500,000

    24    [(3)] (4)  For taxable years beginning in two thousand four:

    25  If the New York taxable income is:    The tax is:
    26  Not over $8,000                       4% of the New York taxable
    27                                        income
    28  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
    29                                        $8,000
    30  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
    31                                        $11,000
    32  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
    33                                        $13,000
    34  Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
    35                                        $20,000
    36  Over $100,000 but not over $500,000   $6,453 plus 7.375% of excess over
    37                                        $100,000
    38  Over $500,000                         $35,953 plus 7.7% of excess over
    39                                        $500,000

    40    [(4)] (5)  For taxable years beginning in two thousand three:

    41  If the New York taxable income is:    The tax is:
    42  Not over $8,000                       4% of the New York taxable
    43                                        income
    44  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
    45                                        $8,000
    46  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
    47                                        $11,000
    48  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
    49                                        $13,000
    50  Over $20,000 but not over $100,000    $973 plus 6.85% of excess over
        S. 6460                            14                            A. 9560

     1                                        $20,000
     2  Over $100,000 but not over $500,000   $6,453 plus 7.5% of excess over
     3                                        $100,000
     4  Over $500,000                         $36,453 plus 7.7% of excess over
     5                                        $500,000

     6    [(5)]  (6)  For taxable years beginning after nineteen hundred ninety-
     7  six and before two thousand three:

     8  If the New York taxable income is:    The tax is:
     9  Not over $8,000                       4% of the New York taxable
    10                                        income
    11  Over $8,000 but not over $11,000      $320 plus 4.5% of excess over
    12                                        $8,000
    13  Over $11,000 but not over $13,000     $455 plus 5.25% of excess over
    14                                        $11,000
    15  Over $13,000 but not over $20,000     $560 plus 5.9% of excess over
    16                                        $13,000
    17  Over $20,000                          $973 plus 6.85% of excess over
    18                                        $20,000

    19    [(6)] (7)  For taxable years beginning in nineteen hundred ninety-six:

    20  If the New York taxable income is:    The tax is:
    21  Not over $5,500                       4% of the New York taxable
    22                                        income
    23  Over $5,500 but not over $8,000       $220 plus 5% of excess over
    24                                        $5,500
    25  Over $8,000 but not over $11,000      $345 plus 6% of excess over
    26                                        $8,000
    27  Over $11,000                          $525 plus 7% of excess over
    28                                        $11,000

    29    [(7)] (8)  For taxable years beginning in nineteen hundred ninety-five:

    30  If the New York taxable income is:    The tax is:
    31  Not over $6,500                       4.55% of the New York taxable
    32                                        income
    33  Over $6,500 but not over $9,500       $296 plus 5.55% of excess over
    34                                        $6,500
    35  Over $9,500 but not over $12,500      $462 plus 6.55% of excess over
    36                                        $9,500
    37  Over $12,500                          $659 plus 7.5% of excess over
    38                                        $12,500

    39    [(8)] (9)  For taxable years beginning after nineteen  hundred  eighty-
    40  nine and before nineteen hundred ninety-five:

    41  If the New York taxable
    42  income is:                            The tax is:
    43  Not over $5,500                       4% of the New York taxable
    44                                        income
    45  Over $5,500 but not over $8,000       $220 plus 5% of excess over
    46                                        $5,500
    47  Over $8,000 but not over $11,000      $345 plus 6% of excess over
        S. 6460                            15                            A. 9560

     1                                        $8,000
     2  Over $11,000 but not over $13,000     $525 plus 7% of excess over
     3                                        $11,000
     4  Over $13,000                          $665 plus 7.875% of excess over
     5                                        $13,000

     6    § 2. This act shall take effect immediately.

     7                                   PART C

     8  Section  1.  Paragraph  8-b  of subsection (c) of section 612 of the tax
     9  law, as added by chapter 418 of the laws of 2004, is amended to read  as
    10  follows:
    11    (8-b) Income received by an individual who is a member of the New York
    12  state  organized  militia, as such term is defined in subdivision one of
    13  section two of the military law, as compensation for  performing  active
    14  service  [of  the  state]  within the state pursuant to either (i) state
    15  active duty orders issued in accordance with subdivision one of  section
    16  six  of  the  military  law  or (ii) active service of the United States 
    17  pursuant to federal active duty orders, for service other than training, 
    18  issued in accordance with title 10 of the United States code .
    19    § 2. This act shall take effect immediately and shall apply to taxable
    20  years beginning on or after January 1, 2004.

    21                                   PART D

    22  Section 1. Section 606 of the  tax  law  is  amended  by  adding  a  new
    23  subsection (jj) to read as follows:
    24    (jj) Credit for qualified elementary and secondary education expenses. 
    25    (1)  Definitions. For purposes of this subsection, the following defi- 
    26  nitions shall apply. 
    27    (A) "Eligible dependent" shall mean any dependent of the taxpayer with 
    28  respect to whom the taxpayer is allowed an exemption under  section  six 
    29  hundred sixteen of this article for the taxable year. 
    30    (B)  "Qualified elementary or secondary educational institution" shall 
    31  mean: 
    32    (i) any elementary or secondary school of  a  public  school  district 
    33  located in this state; and 
    34    (ii) any non-profit elementary or secondary school in this state which 
    35  (I)  provides  instruction in accordance with section thirty-two hundred 
    36  four of the education law, (II) is  entitled  to  total  exemption  from 
    37  federal taxation under section five hundred one (a) and five hundred one 
    38  (c)(3)  of  the  federal internal revenue code, and (III) adheres to the 
    39  provisions of Title VI of the  Civil  Rights  Act  of  nineteen  hundred 
    40  sixty-four,  78  Stat.  252,  42 USC Section 2000d et seq., as it may be 
    41  amended from time to time. The commissioner of education  shall  furnish 
    42  to  the  department by September first of each year, a certified list of 
    43  non-public schools which comply with item (I) of  this  clause  for  the 
    44  preceding  calendar  year  and  shall provide such other assistance with 
    45  respect to whether non-public schools should come within such  item  (I) 
    46  as the department may require. 
    47    (C)  "Qualified  educational expenses" shall mean the following items: 
    48  (i) tuition paid to a  qualified  elementary  or  secondary  educational 
    49  institution for an eligible dependent. 
    50    (ii)  Fees  for  instruction of an eligible dependent by an instructor 
    51  who is not a lineal ancestor or sibling of the dependent for instruction 
        S. 6460                            16                            A. 9560

     1  outside the regular school day or school year, including tutoring,    in 
     2  grade  or  age  appropriate curricula that supplement core curricula and 
     3  instruction available during the school year, that assists such  depend- 
     4  ent  in  improving  knowledge  of  core curriculum areas and that do not 
     5  include  the  teaching  of  religious  tenets,  doctrines  or   worship. 
     6  Provided   that   allowable  college  tuition  expenses  as  defined  in 
     7  subsection (t) of this section are not qualified educational expenses. 
     8    (2) (A) A resident individual shall be allowed a  credit  against  the 
     9  tax  imposed  by this article for qualified educational expenses paid by 
    10  the taxpayer during the taxable year if the eligible  dependent  resides 
    11  in  a  school  district  that, in the prior school year, has one or more 
    12  schools in need of improvement or  corrective  action  or  restructuring 
    13  status  under  the  provisions of title 1 part A of the federal No Child 
    14  Left Behind Act of 2001 (20 U.S.C. 6301).   However, the amount  of  the 
    15  credit  shall  not exceed the limitations set forth in subparagraphs (B) 
    16  and (C) of this paragraph. If the amount  of  such  credit  exceeds  the 
    17  taxpayer's  tax  liability  for  the  taxable  year, the excess shall be 
    18  treated as an overpayment to be credited  or  refunded  as  provided  in 
    19  section  six  hundred  eighty-six  of this article, provided no interest 
    20  shall be paid thereon. 
    21    (B) In no event shall the credit allowed under this subsection  exceed 
    22  the limitation set forth in this subparagraph. 
    23    (i)  If  the  taxpayer's federal adjusted gross income for the taxable 
    24  year is less than seventy-five thousand dollars, the limitation shall be 
    25  five hundred dollars per eligible dependent. 
    26    (ii) If the taxpayer's federal adjusted gross income for  the  taxable 
    27  year  is equal to or greater than seventy-five thousand dollars but less 
    28  than eighty thousand dollars, the  limitation  shall  be  three  hundred 
    29  seventy-five dollars per eligible dependent. 
    30    (iii)  If the taxpayer's federal adjusted gross income for the taxable 
    31  year is equal to or greater than eighty thousand dollars but  less  than 
    32  eighty-five  thousand dollars, the limitation shall be two hundred fifty 
    33  dollars per eligible dependent. 
    34    (iv) If the taxpayer's federal adjusted gross income for  the  taxable 
    35  year  is  equal to or greater than eighty-five thousand dollars but less 
    36  than ninety thousand dollars, the limitation shall be one hundred  twen- 
    37  ty-five dollars per eligible dependent. 
    38    (v)  If  the  taxpayer's federal adjusted gross income for the taxable 
    39  year is equal to or greater than ninety thousand dollars,  the  taxpayer 
    40  shall not be allowed a credit under this subsection. 
    41    (vi)  In  the case of a husband and wife, for purposes of this limita- 
    42  tion the federal adjusted gross income shall be the aggregate  of  their 
    43  federal  adjusted  gross  incomes  for  the taxable year irrespective of 
    44  whether joint or separate New York income tax returns are filed. 
    45    (C) For the two thousand six taxable year, the  credit  allowed  under 
    46  this  subsection  shall  be  equal  to twenty-five percent of the amount 
    47  determined under subparagraph  (A)  of  this  paragraph  as  limited  by 
    48  subparagraph  (B)  of this paragraph. For the two thousand seven taxable 
    49  year, the credit allowed under this subsection shall be equal  to  fifty 
    50  percent  of  the  amount determined under subparagraph (A) of this para- 
    51  graph as limited by subparagraph (B) of  this  paragraph.  For  the  two 
    52  thousand  eight  taxable  year, the credit allowed under this subsection 
    53  shall be equal to seventy-five percent of the  amount  determined  under 
    54  subparagraph  (A)  of  this  paragraph as limited by subparagraph (B) of 
    55  this paragraph. 
        S. 6460                            17                            A. 9560

     1    § 2. This act shall take effect immediately and shall apply to taxable
     2  years beginning on or after January 1, 2006.

     3                                   PART E

     4  Section  1.  Subsection (a) of section 951 of the tax law, as amended by
     5  section 1 of part A of chapter 407 of the laws of 1999,  is  amended  to
     6  read as follows:
     7    (a) Dates. For purposes of this article, any reference to the internal
     8  revenue code means the United States Internal Revenue Code of 1986, with
     9  all amendments enacted on or before July twenty-second, nineteen hundred
    10  ninety-eight,  and, unless specifically provided otherwise in this arti-
    11  cle, any reference to December thirty-first, nineteen  hundred  seventy-
    12  six  or  January  first, nineteen hundred seventy-seven contained in the
    13  provisions of such code which are applicable to the determination of the
    14  tax imposed by this article shall be read as a reference to June thirti-
    15  eth, nineteen hundred seventy-eight  or  July  first,  nineteen  hundred
    16  seventy-eight,  respectively. Notwithstanding the foregoing, the unified
    17  credit against the estate tax provided in section two  thousand  ten  of
    18  the  internal  revenue  code shall, for purposes of this article, be the
    19  amount allowed by such section [under  the  applicable  federal  law  in 
    20  effect on the decedent's date of death. Provided, however, the amount of 
    21  such  credit allowable for purposes of this article shall not exceed the 
    22  amount allowable as if the federal unified credit did not exceed the tax 
    23  due under section two thousand one of the internal  revenue  code  on  a 
    24  federal  taxable  estate  of  one  million  dollars] with all amendments 
    25  enacted on or before June seventh, two thousand one .
    26    § 2. Section 952 of the tax law is amended by adding a new  subsection
    27  (c) to read as follows:
    28    (c) Notwithstanding any other provision of this article to the contra- 
    29  ry,  for estates of decedents dying on or after January first, two thou- 
    30  sand ten, the tax imposed by this section shall be zero. 
    31    § 3. Subsection (a) of section 971 of the tax law, as added by section
    32  17 of part A of chapter 389 of the laws of 1997, is amended to  read  as
    33  follows:
    34    (a)  Returns  by executor. (1) Residents. In the case of the estate of
    35  every individual dying on or after February  first,  two  thousand,  but 
    36  before  January  first,  two thousand ten, who at his or her death was a
    37  resident of New York state, if his or her executor is required to file a
    38  return with respect to the federal estate tax  [(determined  as  if  the 
    39  limitation contained in subsection (a) of section nine hundred fifty-one 
    40  of  this article were applicable in determining whether such executor is 
    41  required to file such federal return)], the executor shall make a return
    42  with respect to the estate tax imposed by section nine hundred fifty-two
    43  of this article.
    44    (2) Nonresidents. In the case of the estate of every individual  dying 
    45  before  January first, two thousand ten, who at his or her death was not
    46  a resident of New York state, if his or her executor is required to file
    47  a return with respect to the federal estate tax [(determined as  if  the 
    48  limitation contained in subsection (a) of section nine hundred fifty-one 
    49  of  this article were applicable in determining whether such executor is 
    50  required to file such federal return)] and if such individual's  federal
    51  gross estate includes real or tangible personal property having an actu-
    52  al  situs  in  New  York  state,  the  executor shall make a return with
    53  respect to the estate tax imposed by section nine hundred sixty of  this
    54  article.
        S. 6460                            18                            A. 9560

     1    §  4. Section 1022 of the tax law, as added by chapter 190 of the laws
     2  of 1990, is amended to read as follows:
     3    §  1022. Imposition of tax. A tax is hereby imposed upon every genera-
     4  tion-skipping transfer which includes New York  property  in  an  amount
     5  computed  by  multiplying  the  maximum amount allowable as a credit for
     6  state generation-skipping transfer taxes under section two thousand  six
     7  hundred  four  of the internal revenue code by a fraction, the numerator
     8  of which is the value of the New York property included in  the  genera-
     9  tion-skipping  transfer and the denominator of which is the value of all
    10  the property included in the generation-skipping  transfer.  The  person
    11  liable for payment of the federal generation-skipping transfer tax shall
    12  be  liable  for  the  tax imposed by this section.   Notwithstanding any 
    13  other provision of this article to the contrary, for generation-skipping 
    14  transfers made on or after January first,  two  thousand  ten,  the  tax 
    15  imposed by this section shall be zero. 
    16    §  5.  This  act  shall  take effect January 1, 2007, and sections one
    17  through three of this act shall apply to estates of decedents  dying  on
    18  or after such date.

    19                                   PART F

    20  Section 1. Section 957 of the general municipal law is amended by adding
    21  a new subdivision (r) to read as follows:
    22    (r)  "Center  of  excellence  empire  zone"  shall mean an empire zone 
    23  designated pursuant to subdivision (h) of section  nine  hundred  fifty- 
    24  eight  of  this  article.  Such  empire  zone  shall  be exempt from the 
    25  requirements of clause (iii) of subparagraph (C)  of  paragraph  (i)  of 
    26  subdivision  (a)  of  section  nine  hundred  fifty-eight, sections nine 
    27  hundred sixty-one, nine hundred sixty-two and nine  hundred  sixty-three 
    28  of this article. 
    29    §  2.  Subdivision (g) of section 958 of the general municipal law, as
    30  added by section 5 of part A of chapter 63  of  the  laws  of  2005,  is
    31  amended to read as follows:
    32    (g) Notwithstanding [any other provision] subdivisions (a) through (f) 
    33  of  this section, after March thirty-first, two thousand five, a munici-
    34  pality shall demonstrate in an application for designation as an  empire
    35  zone, that there is no viable alternative area or areas that has or have
    36  existing  public  sewer or water infrastructure available other than the
    37  proposed zone.
    38    § 3. Section 958 of the general municipal law is amended by  adding  a
    39  new subdivision (h) to read as follows:
    40    (h)  Notwithstanding  any other provision of this section, the commis- 
    41  sioner may designate up to five one square  mile  center  of  excellence 
    42  empire zones anywhere in the state, provided that the businesses located 
    43  therein  have a substantial relationship with a center of excellence, as 
    44  defined pursuant to rules and regulations developed by the commissioner. 
    45    § 4. Section 959 of the general municipal law is amended by adding two
    46  new subdivisions (w) and (x) to read as follows:
    47    (w) Notwithstanding any other provision of this section, for  purposes 
    48  of  empire  zones designated pursuant to subdivision (h) of section nine 
    49  hundred fifty-eight of this article, serve  as  the  sole  certification 
    50  officer  for businesses seeking certification within such zone and shall 
    51  promulgate regulations governing (i) criteria of eligibility for  desig- 
    52  nation  of  a  centers  of  excellence empire zone, (ii) the application 
    53  process, and (iii) the certification  by  the  commissioner  as  to  the 
    54  eligibility  of business enterprises for benefits referred to in section 
        S. 6460                            19                            A. 9560

     1  nine hundred sixty-six of this article. A business so certified shall be 
     2  deemed to be eligible for such benefits as if such business were located 
     3  in an investment zone as defined in paragraph (i) of subdivision (d)  of 
     4  section nine hundred fifty-seven of this article. 
     5    (x)  Notwithstanding any other provision of this section, be deemed to 
     6  be the sole zone administrator of the centers of excellence empire zones 
     7  for the purposes of  any  administrative  function  including,  but  not 
     8  limited to, reporting. 
     9    §  5.  The  general  municipal  law is amended by adding a new section
    10  959-b to read as follows:
    11    § 959-b. Clean energy research and  development  enterprises.  1.  For 
    12  purposes  of this section, "clean energy research and development enter- 
    13  prise" shall mean any business primarily engaged in  research,  develop- 
    14  ment or manufacturing of renewable energy or energy efficiency technolo- 
    15  gies or products; provided, however, that an initial clean coal electric 
    16  generating  facility  capable of capturing carbon dioxide for sequestra- 
    17  tion or capable of being  retrofitted  to  capture  carbon  dioxide  for 
    18  sequestration shall constitute an eligible business for purposes of this 
    19  section. 
    20    2.  The  commissioner  of economic development shall serve as the sole 
    21  certification officer for businesses seeking certification  as  a  clean 
    22  energy research and development enterprise. The commissioner of economic 
    23  development,  after  consultation with the executive director of the New 
    24  York state energy research and development authority,  shall  promulgate 
    25  regulations  governing  (i) criteria of eligibility for designation of a 
    26  clean energy research and development enterprise, (ii)  the  application 
    27  process,  and  (iii)  the  certification by the commissioner of economic 
    28  development as to the eligibility of business enterprises  for  benefits 
    29  referred  to  in section nine hundred sixty-six of this article. A busi- 
    30  ness so certified shall be deemed to be eligible for such benefits as if 
    31  such business were located in an investment zone as defined in paragraph 
    32  (i) of subdivision (d) of section nine hundred fifty-seven of this arti- 
    33  cle. 
    34    3. Such enterprise shall be exempt from  the  requirements  of  clause 
    35  (iii) of subparagraph (C) of paragraph (i) of subdivision (a) of section 
    36  nine  hundred fifty-eight, sections nine hundred sixty-one, nine hundred 
    37  sixty-two and nine hundred sixty-three of this article. 
    38    § 6.  Paragraphs (ix), (x), (xi), (xii) and (xiii) of subdivision  (b)
    39  of  section 960 of the general municipal law, paragraphs (ix), (x), (xi)
    40  and (xii) as added by section 5 of part A of chapter 63 of the  laws  of
    41  2005 and paragraph (xiii) as amended by chapter 161 of the laws of 2005,
    42  are amended to read as follows:
    43    (ix)  In the period commencing nineteen years after the effective date
    44  of this article, not more than [three] twelve additional  empire  zones,
    45  [as  determined pursuant to a memorandum of understanding to be executed 
    46  by the governor, the temporary president of the senate and  the  speaker 
    47  of the assembly,] each of which shall be designated from among the coun-
    48  ties  identified  in subdivision (f) of section nine hundred fifty-eight
    49  of this article.
    50    (x) [In the period commencing twenty years after the effective date of 
    51  this article, not more than three additional empire zones, as determined 
    52  pursuant to a memorandum of understanding to be executed by  the  gover- 
    53  nor, the temporary president of the senate and the speaker of the assem- 
    54  bly, all of which shall be designated from among the counties identified 
    55  in  subdivision (f) of section nine hundred fifty-eight of this article. 
        S. 6460                            20                            A. 9560

     1  Provided, however, said designation does not include counties designated 
     2  pursuant to paragraph (ix) of this subdivision. 
     3    (xi)  In  the  period  commencing twenty-one years after the effective 
     4  date of this article, not more than three additional  empire  zones,  as 
     5  determined  pursuant  to a memorandum of understanding to be executed by 
     6  the governor, the temporary president of the senate and the  speaker  of 
     7  the  assembly,  all of which shall be designated from among the counties 
     8  identified in subdivision (f) of section  nine  hundred  fifty-eight  of 
     9  this article. Provided, however, said designation does not include coun- 
    10  ties designated pursuant to paragraphs (ix) and (x) of this subdivision. 
    11    (xii)  In  the  period commencing twenty-two years after the effective 
    12  date of this article, not more than three additional  empire  zones,  as 
    13  determined  pursuant  to a memorandum of understanding to be executed by 
    14  the governor, the temporary president of the senate and the  speaker  of 
    15  the  assembly,  all of which shall be designated from among the counties 
    16  identified in subdivision (f) of section  nine  hundred  fifty-eight  of 
    17  this article. Provided, however, said designation does not include coun- 
    18  ties designated pursuant to paragraphs (ix), (x) and (xi) of this subdi- 
    19  vision. 
    20    (xiii)]  Within six months after the effective date of this paragraph,
    21  the Oneida-Herkimer empire zone may be designated as  two  separate  two
    22  square  mile  empire  zones  as  designated  pursuant to a memorandum of
    23  understanding to be executed by the governor, the temporary president of
    24  the senate and the speaker of the assembly.
    25    § 7. Section 960 of the general municipal law is amended by  adding  a
    26  new subdivision (f) to read as follows:
    27    (f)  Notwithstanding  any other provision of this section, the commis- 
    28  sioner may designate empire zones pursuant to subdivision (h) of section 
    29  nine hundred fifty-eight of this article in consultation with the direc- 
    30  tor of budget and local officials. 
    31    § 8. Section 969 of the general municipal law is amended by  adding  a
    32  new subdivision (f) to read as follows:
    33    (f)  Notwithstanding  the  provisions  of this section, for any empire 
    34  zone acreage designated pursuant to  subdivision  (h)  of  section  nine 
    35  hundred fifty-eight of this article, a request for revision of the boun- 
    36  daries  of  such  a zone may be submitted by a certified business to the 
    37  commissioner, or the commissioner on his own initiative may revise,  the 
    38  boundaries of such a zone. 
    39    (1)  Any revision of any such empire zone shall be based upon a deter- 
    40  mination by the commissioner that a change in circumstances has occurred 
    41  since the establishment of the existing borders which makes revision  of 
    42  such borders necessary or desirable. 
    43    (2)  The  commissioner  shall affirm that such revision would not have 
    44  the effect of producing an empire zone which does not satisfy the crite- 
    45  ria of designation of a center of excellence empire zone established  by 
    46  and  pursuant  to subdivision (h) of section nine hundred fifty-eight of 
    47  this article. 
    48    § 9. Section 14 of the tax law is amended by adding a new  subdivision
    49  (n) to read as follows:
    50    (n) Clean energy research and development enterprises.  In determining 
    51  tax  benefits  under this chapter for clean energy research and develop- 
    52  ment enterprises certified  under  article  eighteen-B  of  the  general 
    53  municipal  law,  references  in  this section and other sections in this 
    54  chapter relating to qualified empire zone enterprises  and  empire  zone 
    55  benefits  to  "an empire zone", "the empire zone" and "the empire zones" 
    56  shall be read as references to "New York state", any tests  or  measure- 
        S. 6460                            21                            A. 9560

     1  ments  relating to employment for purposes of empire zone benefits under 
     2  this chapter shall be calculated with respect to employment  within  the 
     3  entire  state,  and  references  to  "QEZES"  shall be read as including 
     4  references  to  such  clean  energy research and development enterprises 
     5  that meet the employment test in this section.  For purposes of the  tax 
     6  reduction  credit  allowed  under section sixteen of this article, for a 
     7  clean energy research and development enterprise,  the  zone  allocation 
     8  factor shall be one hundred percent. 
     9    § 10. This act shall take effect immediately.

    10                                   PART G

    11  Section  1.  Subparagraph 1 of paragraph (e) of subdivision 1 of section
    12  210 of the tax law, as amended by section 1 of part P of chapter 407  of
    13  the laws of 1999, is amended to read as follows:
    14    (1)  The  amount prescribed by this paragraph for taxable years begin- 
    15  ning before January first, two thousand six shall  be  computed  at  the
    16  rate  of  nine-tenths  of  a  mill for each dollar of the portion of the
    17  taxpayer's subsidiary capital allocated within the state as  hereinafter
    18  provided.  For the taxable year beginning on or after January first, two 
    19  thousand  six  and  before  January first, two thousand seven the amount 
    20  prescribed by this paragraph shall be computed at the rate of six-tenths 
    21  of a mill for each dollar of the portion of  the  taxpayer's  subsidiary 
    22  capital allocated within the state. For the taxable year beginning on or 
    23  after  January  first,  two thousand seven and before January first, two 
    24  thousand eight the amount prescribed by this paragraph shall be computed 
    25  at the rate of three-tenths of a mill for each dollar of the portion  of 
    26  the  taxpayer's subsidiary capital allocated within the state. For taxa- 
    27  ble years beginning on or after January first, two  thousand  eight  the 
    28  amount  prescribed  by  this  paragraph shall be computed at the rate of 
    29  zero mill for each dollar of the portion of  the  taxpayer's  subsidiary 
    30  capital allocated within the state. 
    31    § 2. This act shall take effect immediately.

    32                                   PART H

    33  Section  1.  Subparagraph  (ii)  of  paragraph  (c)  of subdivision 1 of
    34  section 210 of the tax law, as amended by section 1 of part L of chapter
    35  407 of the laws of 1999, is amended to read as follows:
    36    (ii) For taxable years beginning in nineteen hundred ninety,  nineteen
    37  hundred  ninety-one, nineteen hundred ninety-two, nineteen hundred nine-
    38  ty-three and nineteen hundred ninety-four the amount prescribed by  this
    39  paragraph  shall  be computed at the rate of five percent of the taxpay-
    40  er's minimum taxable income base.  For  taxable  years  beginning  after
    41  nineteen  hundred  ninety-four  and  before July first, nineteen hundred
    42  ninety-eight, the amount prescribed by this paragraph shall be  computed
    43  at  the  rate  of  three  and one-half percent of the taxpayer's minimum
    44  taxable income base. For taxable years beginning after  June  thirtieth,
    45  nineteen  hundred  ninety-eight  and before July first, nineteen hundred
    46  ninety-nine, the amount prescribed by this paragraph shall  be  computed
    47  at  the  rate of three and one-quarter percent of the taxpayer's minimum
    48  taxable income base. For taxable years beginning after  June  thirtieth,
    49  nineteen  hundred  ninety-nine  and before July first, two thousand, the
    50  amount prescribed by this paragraph shall be computed  at  the  rate  of
    51  three  percent of the taxpayer's minimum taxable income base.  For taxa-
    52  ble years beginning after  June  thirtieth,  two  thousand,  the  amount
        S. 6460                            22                            A. 9560

     1  prescribed  by  this  paragraph shall be computed at the rate of two and
     2  one-half percent of the taxpayer's  minimum  taxable  income  base.  For 
     3  taxable years beginning on or after January first, two thousand six, and 
     4  before  January first, two thousand seven, the amount prescribed by this 
     5  paragraph  shall  be  computed  at  the  rate  of  one  and  sixty-seven 
     6  hundredths  percent  of the taxpayer's minimum taxable income base.  For 
     7  taxable years beginning on or after January first, two  thousand  seven, 
     8  and  before  January first, two thousand eight, the amount prescribed by 
     9  this paragraph shall be computed at the rate of eighty-three  hundredths 
    10  percent of the taxpayer's minimum taxable income base. For taxable years 
    11  beginning  on  or  after  January  first, two thousand eight, the amount 
    12  prescribed by this paragraph shall be  computed  at  the  rate  of  zero 
    13  percent  of  the taxpayer's minimum taxable income base. The "taxpayer's
    14  minimum taxable income base" shall mean the portion  of  the  taxpayer's
    15  minimum  taxable  income  allocated  within  the  state  as  hereinafter
    16  provided, subject to any modifications required by  paragraphs  (d)  and
    17  (e) of subdivision three of this section.
    18    §  2. Paragraph 2 of subsection (b) of section 1455 of the tax law, as
    19  added by chapter 298 of the laws of 1985, is amended to read as follows:
    20    (2) Three percent of the taxpayer's alternative entire net income,  or
    21  portion  thereof  allocated to this state, for the taxable year, or part
    22  thereof for taxable years beginning before January first,  two  thousand 
    23  six,  two  percent  of  the taxpayer's alternative entire net income, or 
    24  portion thereof allocated to this state, for the taxable year,  or  part 
    25  thereof,  for  taxable  years  beginning  on or after January first, two 
    26  thousand six and before January first, two thousand seven,  one  percent 
    27  of  the  taxpayer's  alternative  entire  net income, or portion thereof 
    28  allocated to this state, for the taxable  year,  or  part  thereof,  for 
    29  taxable  years  beginning  on or after January first, two thousand seven 
    30  and before January first, two thousand eight, and zero  percent  of  the 
    31  taxpayer's  alternative  entire net income, or portion thereof allocated 
    32  to this state, for the taxable year, or part thereof for  taxable  years 
    33  beginning on or after January first, two thousand eight .
    34    § 3. This act shall take effect immediately.

    35                                   PART I

    36  Section  1. Paragraph (a) of subdivision 9 of section 208 of the tax law
    37  is amended by adding a new subparagraph 18 to read as follows:
    38    (18) the amount deductible pursuant to paragraph (r) of this  subdivi- 
    39  sion. 
    40    §  2.  Paragraph (b) of subdivision 9 of section 208 of the tax law is
    41  amended by adding two new subparagraphs 19 and 20 to read as follows:
    42    (19) In the case  of  immediately  deductible  property  for  which  a 
    43  deduction  is allowed pursuant to paragraph (r) of this subdivision, the 
    44  amounts allowable as a depreciation deduction or  an  expense  deduction 
    45  pursuant to the internal revenue code with respect to such property. 
    46    (20) If property to which paragraph (r) of this subdivision applies is 
    47  disposed  of,  ceases  to be depreciable pursuant to section one hundred 
    48  sixty-seven of the internal revenue code, or ceases  to  be  in  service 
    49  within this state, the amount of the adjusted basis of such property for 
    50  federal income tax purposes. 
    51    §  3. Paragraph (f) of subdivision 9 of section 208 of the tax law, as
    52  separately amended by sections 278 and 347 of chapter 61 of the laws  of
    53  1989,  subparagraph  4 as amended by chapter 190 of the laws of 1990, is
    54  amended to read as follows:
        S. 6460                            23                            A. 9560

     1    (f) A net operating loss deduction shall be  allowed  which  shall  be
     2  presumably  the  same  as,  and  computed in the same manner as, the net
     3  operating loss deduction allowed under section one  hundred  seventy-two
     4  of  the  internal  revenue code, or which would have been allowed if the
     5  taxpayer  had  not made an election under subchapter s of chapter one of
     6  the internal revenue code, except that  in  every  instance  where  such
     7  deduction is allowed under this article:
     8    (1)  any  net  operating  loss  included in determining such deduction
     9  shall be adjusted to reflect the inclusions and exclusions  from  entire
    10  net  income  required  by  paragraphs  (a), (b) and (g) [hereof] of this 
    11  subdivision ,
    12    (2) such deduction shall not include any net operating loss  sustained
    13  during  any  taxable  year  beginning  prior  to January first, nineteen
    14  hundred sixty-one, or during any taxable year in which the taxpayer  was
    15  not subject to the tax imposed by this article,
    16    (3) such deduction shall not exceed the deduction for the taxable year
    17  allowed  under  section  one hundred seventy-two of the internal revenue
    18  code computed as if the net operating loss or losses used  in  computing 
    19  such  deduction  included  the  modifications  set forth in subparagraph 
    20  eighteen of paragraph (a) of this subdivision and subparagraph  nineteen 
    21  of  paragraph  (b) of this subdivision , or the deduction for the taxable
    22  year which would have been allowed if  the  taxpayer  had  not  made  an
    23  election  under subchapter s of chapter one of the internal revenue code
    24  computed as if the net operating loss or losses used in  computing  such 
    25  deduction  included the modifications set forth in subparagraph eighteen 
    26  of paragraph (a) of this subdivision and subparagraph nineteen of  para- 
    27  graph (b) of this subdivision ,
    28    (4)  in the case of a New York S corporation, such deduction shall not
    29  include any net operating loss sustained during a New  York  C  year  or
    30  during a New York S year beginning prior to nineteen hundred ninety, and
    31  in  the  case  of  a  New  York  C corporation, such deduction shall not
    32  include any net operating loss sustained  during  a  New  York  S  year,
    33  provided,  however, a New York S year shall be treated as a taxable year
    34  for purposes of determining the number of taxable years to which  a  net
    35  operating loss may be carried back or carried forward, and
    36    (5) the net operating loss deduction allowed under section one hundred
    37  seventy-two  of  the  internal  revenue  code shall for purposes of this
    38  paragraph be determined as  if  the  taxpayer  had  elected  under  such
    39  section  to  relinquish  the entire carryback period with respect to net
    40  operating losses, except with respect to the first ten thousand  dollars
    41  of each of such losses, sustained during taxable years ending after June
    42  thirtieth, nineteen hundred eighty-nine.
    43    (6)  Notwithstanding  the  opening  paragraph  of this paragraph, if a 
    44  taxpayer has no net operating loss  deduction  for  federal  income  tax 
    45  purposes but would have a net operating loss deduction if such deduction 
    46  were computed using the modifications set forth in subparagraph eighteen 
    47  of  paragraph (a) of this subdivision and subparagraph nineteen of para- 
    48  graph (b) of this subdivision, the taxpayer shall be treated as having a 
    49  net operating loss deduction under section one  hundred  seventy-two  of 
    50  the internal revenue code. 
    51    §  4. Subdivision 9 of section 208 of the tax law is amended by adding
    52  a new paragraph (r) to read as follows:
    53    (r) Deduction for certain depreciable business assets: 
    54    (1) Treatment as expenses. A taxpayer shall  treat  the  cost  of  any 
    55  immediately deductible property as an expense which is not chargeable to 
    56  capital account. Any cost so treated shall be allowed as a deduction for 
        S. 6460                            24                            A. 9560

     1  the  taxable year in which the immediately deductible property is placed 
     2  in service. 
     3    (2) Definitions and special rules. (A) For purposes of this paragraph, 
     4  the term "immediately deductible property" means property which is 
     5    (i)  depreciable  pursuant  to  section one hundred sixty-seven of the 
     6  internal revenue code, 
     7    (ii) placed in service within this state in a taxable  year  beginning 
     8  on or after January first, two thousand eight, 
     9    (iii)  not  a sports utility vehicle described in subparagraph sixteen 
    10  of paragraph (b) of this subdivision, and 
    11    (iv) not property for  which  an  amortization  deduction  is  allowed 
    12  pursuant  to  section  one  hundred ninety-seven of the internal revenue 
    13  code. 
    14    (B) For purposes of this paragraph, the  cost  of  property  does  not 
    15  include so much of the basis of such property as is determined by refer- 
    16  ence  to  the  basis  of  other  property held at any time by the person 
    17  acquiring such property. 
    18    § 5. Subsection (b) of section 612 of the tax law is amended by adding
    19  two new paragraphs 38 and 39 to read as follows:
    20    (38) In the case  of  immediately  deductible  property  for  which  a 
    21  deduction  is  allowed  pursuant  to subsection (w) of this section, the 
    22  amounts allowable as a depreciation deduction or  an  expense  deduction 
    23  pursuant to the internal revenue code with respect to such property. 
    24    (39)  If  property  to which subsection (w) of this section applies is 
    25  disposed of, ceases to be depreciable pursuant to  section  one  hundred 
    26  sixty-seven  of  the  internal  revenue code, or ceases to be in service 
    27  within this state, the amount of the adjusted basis of such property for 
    28  federal income tax purposes. 
    29    § 6. Subsection (c) of section 612 of the tax law is amended by adding
    30  a new paragraph 38 to read as follows:
    31    (38) the amount deductible pursuant to subsection (w) of this section. 
    32    § 7. Section 612 of the tax law is amended by adding a new  subsection
    33  (w) to read as follows:
    34    (w) Deduction for certain depreciable business assets: 
    35    (1) Treatment as expenses. An individual taxpayer shall treat the cost 
    36  of  any  immediately  deductible  property  as  an  expense which is not 
    37  chargeable to capital account. Any cost so treated shall be allowed as a 
    38  deduction for the taxable year in which the immediately deductible prop- 
    39  erty is placed in service. 
    40    (2)  Definitions  and  special  rules.  (A)  For  purposes   of   this 
    41  subsection,  the  term  "immediately deductible property" means property 
    42  which is 
    43    (i) depreciable pursuant to section one  hundred  sixty-seven  of  the 
    44  internal revenue code, 
    45    (ii)  placed  in service within this state in a taxable year beginning 
    46  on or after January first, two thousand eight, and 
    47    (iii) not property for which  an  amortization  deduction  is  allowed 
    48  pursuant  to  section  one  hundred ninety-seven of the internal revenue 
    49  code. 
    50    (B) For purposes of this subsection, the cost  of  property  does  not 
    51  include so much of the basis of such property as is determined by refer- 
    52  ence  to  the  basis  of  other  property held at any time by the person 
    53  acquiring such property. 
    54    § 8. Subsection (b) of section 1453 of  the  tax  law  is  amended  by
    55  adding two new paragraphs 14 and 15 to read as follows:
        S. 6460                            25                            A. 9560

     1    (14)  in  the  case  of  immediately  deductible  property for which a 
     2  deduction is allowed pursuant to subsection (u)  of  this  section,  the 
     3  amounts  allowable  as  a depreciation deduction or an expense deduction 
     4  pursuant to the internal revenue code with respect to such property. 
     5    (15)  if  property  to which subsection (u) of this section applies is 
     6  disposed of, ceases to be depreciable pursuant to  section  one  hundred 
     7  sixty-seven  of  the  internal  revenue code, or ceases to be in service 
     8  within this state, the amount of the adjusted basis of such property for 
     9  federal income tax purposes. 
    10    § 9. Subsection (e) of section 1453 of  the  tax  law  is  amended  by
    11  adding a new paragraph 18 to read as follows:
    12    (18) the amount deductible pursuant to subsection (u) of this section. 
    13    §  10.  Subsection  (k-1)  of section 1453 of the tax law, as added by
    14  section 86 of part A of chapter 389 of the laws of 1997, is  amended  to
    15  read as follows:
    16    (k-1)  A  net operating loss deduction shall be allowed which shall be
    17  presumably the same as, and computed in the  same  manner  as,  the  net
    18  operating  loss  deduction allowed under section one hundred seventy-two
    19  of the internal revenue code, except that in every instance  where  such
    20  deduction is allowed under this article:
    21    (1)  any  net  operating  loss  included in determining such deduction
    22  shall be adjusted to reflect the inclusions and exclusions  from  entire
    23  net income required by the other provisions of this section,
    24    (2)  such deduction shall not include any net operating loss sustained
    25  during any taxable year beginning prior to January first,  two  thousand
    26  one, or during any taxable year in which the taxpayer was not subject to
    27  the tax imposed by this article,
    28    (3) such deduction shall not exceed the deduction for the taxable year
    29  allowed  under  section  one hundred seventy-two of the internal revenue
    30  code, computed as if the net operating loss or losses used in  computing 
    31  such  deduction  included the modifications set forth in paragraph four- 
    32  teen of subsection  (b)  of  this  section  and  paragraph  eighteen  of 
    33  subsection  (e)  of  this section, augmented by the excess of the amount
    34  allowed as a deduction  pursuant  to  subsection  (h)  or  (i)  of  this
    35  section, whichever is applicable, over the amount allowed as a deduction
    36  pursuant  to  section  166 or 585 of the internal revenue code, for each
    37  taxable year in which the taxpayer had a net  operating  loss  which  is
    38  carried  to  the  taxable year of the deduction under this provision, in
    39  the aggregate, (except to the extent such excess was previously deducted
    40  in computing entire net income), and
    41    (4) the net operating loss deduction allowed under section one hundred
    42  seventy-two of the internal revenue code  shall  for  purposes  of  this
    43  subsection  be  determined  as  if  the  taxpayer had elected under such
    44  section to relinquish the entire carryback period with  respect  to  net
    45  operating losses.
    46    (5)  Notwithstanding  the  opening  paragraph of this subsection, if a 
    47  taxpayer has no net operating loss deduction for federal income taxation 
    48  purposes but would have a net operating loss deduction if such deduction 
    49  were computed using the modifications set forth in paragraph fourteen of 
    50  subsection (b) of this section and paragraph eighteen of subsection  (e) 
    51  of this section, the taxpayer shall be treated as having a net operating 
    52  loss  deduction  under  section  one hundred seventy-two of the internal 
    53  revenue code. 
    54    § 11. Section 1453  of  the  tax  law  is  amended  by  adding  a  new
    55  subsection (u) to read as follows:
    56    (u) Deduction for certain depreciable business assets: 
        S. 6460                            26                            A. 9560

     1    (1)  Treatment  as  expenses.  A  taxpayer shall treat the cost of any 
     2  immediately deductible property as an expense which is not chargeable to 
     3  capital account. Any cost so treated shall be allowed as a deduction for 
     4  the taxable year in which the immediately deductible property is  placed 
     5  in service. 
     6    (2)   Definitions   and  special  rules.  (A)  For  purposes  of  this 
     7  subsection, the term "immediately deductible  property"  means  property 
     8  which is 
     9    (i)  depreciable  pursuant  to  section one hundred sixty-seven of the 
    10  internal revenue code, 
    11    (ii) placed in service within this state in a taxable  year  beginning 
    12  on or after January first, two thousand eight, and 
    13    (iii)  not  property  for  which  an amortization deduction is allowed 
    14  pursuant to section one hundred ninety-seven  of  the  internal  revenue 
    15  code. 
    16    (B)  For  purposes  of  this subsection, the cost of property does not 
    17  include so much of the basis of such property as is determined by refer- 
    18  ence to the basis of other property held  at  any  time  by  the  person 
    19  acquiring such property. 
    20    §  12.  This  act  shall  take effect immediately and apply to taxable
    21  years beginning on or after January 1, 2008.

    22                                   PART J

    23  Section 1. Paragraph (a) of subdivision 1 of section 210 of the tax law,
    24  as amended by section 1 of part A of chapter 63 of  the  laws  of  2000,
    25  subparagraphs  (i), (ii), (iii) and (iv) as amended by section 1 of part
    26  E of chapter 61 of the laws of 2005, is amended to read as follows:
    27    (a) Entire net income base. For taxable years  beginning  before  July
    28  first, nineteen hundred ninety-nine, the amount prescribed by this para-
    29  graph  shall  be  computed at the rate of nine percent of the taxpayer's
    30  entire net income base. For taxable years beginning after  June  thirti-
    31  eth,  nineteen  hundred ninety-nine and before July first, two thousand,
    32  the amount prescribed by this paragraph shall be computed at the rate of
    33  eight and one-half percent of the taxpayer's entire net income base. For
    34  taxable years beginning after June thirtieth, two  thousand  and  before
    35  July  first,  two  thousand one, the amount prescribed by this paragraph
    36  shall be computed at the rate of eight percent of the taxpayer's  entire
    37  net  income  base. For taxable years beginning after June thirtieth, two
    38  thousand one, the amount prescribed by this paragraph shall be  computed
    39  at  the  rate of seven and one-half percent of the taxpayer's entire net
    40  income base.  For taxable years beginning on or after January first, two 
    41  thousand seven and before January first, two thousand eight, the  amount 
    42  prescribed  by this paragraph shall be computed at the rate of seven and 
    43  one-quarter percent of the taxpayer's entire net income base. For  taxa- 
    44  ble  years  beginning  on or after January first, two thousand eight and 
    45  before January first, two thousand nine, the amount prescribed  by  this 
    46  paragraph  shall be computed at the rate of seven percent of the taxpay- 
    47  er's entire net income base. For taxable years  beginning  on  or  after 
    48  January  first,  two  thousand nine, the amount prescribed by this para- 
    49  graph shall be computed at the rate of six and three-quarters percent of 
    50  the taxpayer's entire net income base. The taxpayer's entire net  income
    51  base  shall  mean  the portion of the taxpayer's entire net income allo-
    52  cated within the state as hereinafter provided, subject to any modifica-
    53  tion required by paragraphs (d) and (e) of  subdivision  three  of  this
    54  section.  However,  in the case of a small business taxpayer, as defined
        S. 6460                            27                            A. 9560

     1  in paragraph (f) of this subdivision,  the  amount  prescribed  by  this
     2  paragraph shall be computed as follows:
     3    (i)  if  the entire net income base is not more than two hundred thou-
     4  sand dollars, (1) for taxable years beginning before July  first,  nine-
     5  teen  hundred  ninety-nine,  the  amount  shall  be eight percent of the
     6  entire net income base; (2) for taxable years beginning after June thir-
     7  tieth, nineteen hundred ninety-nine and before July first, two  thousand
     8  three,  the amount shall be seven and one-half percent of the entire net
     9  income base; and (3) for taxable years beginning after  June  thirtieth,
    10  two  thousand  three  and  before  January first, two thousand five, the
    11  amount shall be 6.85 percent of the entire net income base;
    12    (ii) if the entire net income base is more than two  hundred  thousand
    13  dollars  but not over two hundred ninety thousand dollars, (1) for taxa-
    14  ble years beginning before July first, nineteen hundred ninety-nine, the
    15  amount shall be the sum  of  (a)  sixteen  thousand  dollars,  (b)  nine
    16  percent  of  the  excess  of the entire net income base over two hundred
    17  thousand dollars and (c) five percent of the excess of  the  entire  net
    18  income  base  over  two  hundred fifty thousand dollars; (2) for taxable
    19  years beginning after June thirtieth, nineteen hundred  ninety-nine  and
    20  before  July  first,  two  thousand,  the amount shall be the sum of (a)
    21  fifteen thousand dollars, (b) eight and one-half percent of  the  excess
    22  of  the entire net income base over two hundred thousand dollars and (c)
    23  five percent of the excess of  the  entire  net  income  base  over  two
    24  hundred  fifty  thousand  dollars; (3) for taxable years beginning after
    25  June thirtieth, two thousand and before July first,  two  thousand  one,
    26  the  amount  shall be the sum of (a) fifteen thousand dollars, (b) eight
    27  percent of the excess of the entire net income  base  over  two  hundred
    28  thousand  dollars  and (c) two and one-half percent of the excess of the
    29  entire net income base over two hundred fifty thousand dollars; (4)  for
    30  taxable  years  beginning  after  June  thirtieth,  two thousand one and
    31  before July first, two thousand three, the amount  shall  be  seven  and
    32  one-half  percent  of  the  entire  net income base; and (5) for taxable
    33  years beginning after June thirtieth,  two  thousand  three  and  before
    34  January  first,  two  thousand  five, the amount shall be the sum of (a)
    35  thirteen thousand seven hundred dollars, (b) 7.5 percent of  the  excess
    36  of  the entire net income base over two hundred thousand dollars and (c)
    37  3.25 percent of the excess of  the  entire  net  income  base  over  two
    38  hundred fifty thousand dollars;
    39    (iii)  (I)  for taxable years beginning on or after January first, two
    40  thousand five and before January  first,  two  thousand  seven ,  if  the
    41  entire  net  income  base  is  not more than two hundred ninety thousand
    42  dollars the amount shall be six and one-half percent of the  entire  net
    43  income  base;  if  the  entire  net income base is more than two hundred
    44  ninety thousand dollars but  not  over  three  hundred  ninety  thousand
    45  dollars  the  amount  shall  be  the  sum of (1) eighteen thousand eight
    46  hundred fifty dollars, (2) seven and one-half percent of the  excess  of
    47  the  entire net income base over two hundred ninety thousand dollars but
    48  not over three hundred ninety thousand dollars and (3)  seven  and  one-
    49  quarter  percent  of the excess of the entire net income base over three
    50  hundred fifty thousand dollars but not over three hundred  ninety  thou-
    51  sand dollars;
    52    (II)  for taxable years beginning on or after January first, two thou- 
    53  sand seven and before January first, two thousand eight, if  the  entire 
    54  net income base is not more than two hundred ninety thousand dollars the 
    55  amount  shall be six and one-half percent of the entire net income base; 
    56  if the entire net income base is more than two hundred  ninety  thousand 
        S. 6460                            28                            A. 9560

     1  dollars  but  not  over three hundred ninety thousand dollars the amount 
     2  shall be the sum of (1) eighteen thousand eight hundred  fifty  dollars, 
     3  (2) seven and one-quarter percent of the excess of the entire net income 
     4  base over two hundred ninety thousand dollars but not over three hundred 
     5  ninety thousand dollars and (3) five and seven-sixteenths percent of the 
     6  excess  of  the entire net income base over three hundred fifty thousand 
     7  dollars but not over three hundred ninety thousand dollars; 
     8    (III) for taxable years beginning on or after January first, two thou- 
     9  sand eight and before January first, two thousand nine,  if  the  entire 
    10  net income base is not more than two hundred ninety thousand dollars the 
    11  amount  shall be six and one-half percent of the entire net income base; 
    12  if the entire net income base is more than two hundred  ninety  thousand 
    13  dollars  but  not  over three hundred ninety thousand dollars the amount 
    14  shall be the sum of (1) eighteen thousand eight hundred  fifty  dollars, 
    15  (2)  seven  percent of the excess of the entire net income base over two 
    16  hundred ninety thousand dollars but not over three hundred ninety  thou- 
    17  sand dollars and (3) three and five-eighths percent of the excess of the 
    18  entire net income base over three hundred fifty thousand dollars but not 
    19  over three hundred ninety thousand dollars; 
    20    (IV)  for taxable years beginning on or after January first, two thou- 
    21  sand nine, if the entire net income base is not more  than  two  hundred 
    22  ninety  thousand dollars the amount shall be six and one-half percent of 
    23  the entire net income base; if the entire net income base is  more  than 
    24  two  hundred  ninety  thousand dollars but not over three hundred ninety 
    25  thousand dollars the amount shall be the sum of  (1)  eighteen  thousand 
    26  eight  hundred  fifty dollars, (2) six and three-quarters percent of the 
    27  excess of the entire net income base over two  hundred  ninety  thousand 
    28  dollars  but  not over three hundred ninety thousand dollars and (3) one 
    29  and thirteen-sixteenths percent of the excess of the entire  net  income 
    30  base  over  three  hundred  fifty  thousand  dollars  but not over three 
    31  hundred ninety thousand dollars; 
    32    (iv) if the taxable period to which subparagraphs (i), (ii) and  (iii)
    33  of  this  paragraph  apply  is  less  than  twelve  months,  the  amount
    34  prescribed by this paragraph shall be computed as follows:
    35    (A) Multiply the entire net income base for such taxpayer by twelve;
    36    (B) Divide the result obtained in (A) by the number of months  in  the
    37  taxable year;
    38    (C) Compute an amount pursuant to subparagraphs (i) and (ii) as if the
    39  result obtained in (B) were the taxpayer's entire net income base;
    40    (D) Multiply the result obtained in (C) by the number of months in the
    41  taxpayer's taxable year;
    42    (E) Divide the result obtained in (D) by twelve.
    43    §  2.  Subsection  (a)  of  section 1455 of the tax law, as amended by
    44  section 1 of part O of chapter 407 of the laws of 1999,  is  amended  to
    45  read as follows:
    46    (a)  Basic  tax.  For  taxable  years beginning before July first, two
    47  thousand, nine percent of the  taxpayer's  entire  net  income,  or  the
    48  portion  thereof  allocated to this state, for the taxable year, or part
    49  thereof. For taxable years beginning after June thirtieth, two  thousand
    50  and  before  July first, two thousand one, eight and one-half percent of
    51  the taxpayer's entire net income, or portion thereof allocated  to  this
    52  state,  for  the taxable year, or part thereof. For taxable years begin-
    53  ning after June thirtieth, two thousand one and before July  first,  two
    54  thousand  two,  eight  percent  of  the taxpayer's entire net income, or
    55  portion thereof allocated to this state, for the taxable year,  or  part
    56  thereof.  For taxable years beginning after June thirtieth, two thousand
        S. 6460                            29                            A. 9560

     1  two, seven and one-half percent of the taxpayer's entire net income,  or
     2  portion  thereof  allocated to this state, for the taxable year, or part
     3  thereof.  For taxable years beginning on or  after  January  first,  two 
     4  thousand  seven  and before January first, two thousand eight, seven and 
     5  one-fourth percent of the taxpayer's entire net income, or portion ther- 
     6  eof allocated to this state, for the taxable year, or part thereof.  For 
     7  taxable years beginning on or after January first,  two  thousand  eight 
     8  and  before  January  first,  two  thousand  nine,  seven percent of the 
     9  taxpayer's entire net income,  or  portion  thereof  allocated  to  this 
    10  state,  for  the taxable year, or part thereof. For taxable years begin- 
    11  ning on or after January first, two thousand nine, six  and  three-quar- 
    12  ters  percent  of  the  taxpayer's entire net income, or portion thereof 
    13  allocated to this state, for the taxable year, or part thereof. 
    14    § 3. This act shall take effect immediately.

    15                                   PART K

    16  Section 1. Paragraph (b) of subdivision (1) of section 210  of  the  tax
    17  law,  as  amended  by  section  1 of part M of chapter 61 of the laws of
    18  2005, is amended to read as follows:
    19    (b) Capital base. (1) The amount  prescribed  by  this  paragraph  for 
    20  taxable  years beginning before January first, two thousand six shall be
    21  computed at one and seventy-eight hundredths mills for  each  dollar  of
    22  the  taxpayer's  total  business  and investment capital, or the portion
    23  thereof allocated within the state  as  hereinafter  provided,  for  the 
    24  taxable  year  beginning on or after January first, two thousand six and 
    25  before January first, two thousand seven shall be computed at one  thou- 
    26  sand  one  hundred  eighty-seven  hundredth mills for each dollar of the 
    27  taxpayer's total business and investment capital, or the portion thereof 
    28  allocated within the state as hereinafter provided, for the taxable year 
    29  beginning on or after January first, two thousand seven and before Janu- 
    30  ary first, two thousand eight shall be computed at five hundred  ninety- 
    31  three  hundredth  mills for each dollar of the taxpayer's total business 
    32  and investment capital, or the  portion  thereof  allocated  within  the 
    33  state  as  hereinafter  provided,  and for taxable years beginning on or 
    34  after January first, two thousand eight shall be computed at zero  mills 
    35  for each dollar of the taxpayer's total business and investment capital, 
    36  or  the  portion  thereof allocated within the state, except that in the
    37  case of a cooperative housing corporation as  defined  in  the  internal
    38  revenue  code,  the  applicable  rate for taxable years beginning before 
    39  January first, two thousand six shall be four-tenths of a mill, for  the 
    40  taxable  year  beginning on or after January first, two thousand six and 
    41  before January first, two thousand seven shall be eight thirtieths of  a 
    42  mill,  for  the  taxable  year  beginning on or after January first, two 
    43  thousand seven and before January first, two  thousand  eight  shall  be 
    44  four  thirtieths  of a mill, and for taxable years beginning on or after 
    45  January first, two thousand eight shall be zero  mills .    In  no  event
    46  shall the amount prescribed by this paragraph exceed three hundred fifty
    47  thousand dollars for manufacturers and one million dollars for all other
    48  taxpayers.
    49    (2)  For  purposes  of  subparagraph  one  of this paragraph, the term
    50  "manufacturer" shall mean a taxpayer which during the  taxable  year  is
    51  principally  engaged  in the production of goods by manufacturing, proc-
    52  essing, assembling, refining, mining, extracting, farming,  agriculture,
    53  horticulture, floriculture, viticulture or commercial fishing. Moreover,
    54  for  purposes  of  computing  the capital base in a combined report, the
        S. 6460                            30                            A. 9560

     1  combined group shall be considered a "manufacturer" for purposes of this
     2  subparagraph only if the combined group during the taxable year is prin-
     3  cipally engaged in the activities set forth above,  or  any  combination
     4  thereof.  A  taxpayer or a combined group shall be "principally engaged"
     5  in activities described above if, during the  taxable  year,  more  than
     6  fifty  percent  of the gross receipts of the taxpayer or combined group,
     7  respectively, are derived from receipts from the sale of goods  produced
     8  by  such  activities.  In  computing  a combined group's gross receipts,
     9  intercorporate receipts shall be eliminated.
    10    § 2. Paragraph 1 of subsection (b) of section 1455 of the tax law,  as
    11  added  by chapter 298 of the laws of 1985, subparagraph (iii) and clause
    12  (B) of subparagraph (v) as amended by chapter 817 of the laws  of  1987,
    13  clause  (A)  of subparagraph (v) as amended by chapter 55 of the laws of
    14  1992, is amended to read as follows:
    15    (1) (i) Except in the case of a taxpayer described in [clause] subpar- 
    16  agraph (ii), (iii), or (iv) [below] of this paragraph ,  one-tenth  of  a
    17  mill  upon  each  dollar of taxable assets, or the portion thereof allo-
    18  cated to this state for taxable years beginning  before  January  first, 
    19  two  thousand  six,  one-fifteenth of a mill upon each dollar of taxable 
    20  assets, or the portion thereof allocated to this state for  the  taxable 
    21  year  beginning  on or after January first, two thousand six  and before 
    22  January first, two thousand seven, one-thirtieth of  a  mill  upon  each 
    23  dollar of taxable assets, or the portion thereof allocated to this state 
    24  for  the  taxable year beginning on or after January first, two thousand 
    25  seven and before January first, two thousand eight, and zero mills  upon 
    26  each  dollar of taxable assets, or the portion thereof allocated to this 
    27  state for taxable years beginning on or after January first,  two  thou- 
    28  sand eight .
    29    (ii) In the case of a taxpayer whose net worth ratio is less than five
    30  but  greater  than  or  equal to four percent and whose total assets are
    31  comprised of thirty-three percent or more of mortgages, one-twenty-fifth
    32  of a mill upon each dollar of taxable assets,  or  the  portion  thereof
    33  allocated  to  this  state  for  taxable  years beginning before January 
    34  first, two thousand six, two seventy-fifths of a mill upon  each  dollar 
    35  of  taxable  assets,  or the portion thereof allocated to this state for 
    36  the taxable year beginning on or after January first, two  thousand  six 
    37  and  before  January  first,  two thousand seven, one seventy-fifth of a 
    38  mill upon each dollar of taxable assets, or the  portion  thereof  allo- 
    39  cated  to  this state for the taxable year beginning on or after January 
    40  first, two thousand seven and before January first, two thousand  eight, 
    41  and zero mills upon each dollar of taxable assets, or the portion there- 
    42  of allocated to this state for taxable years beginning on or after Janu- 
    43  ary first, two thousand eight .
    44    (iii)  In  the  case  of a taxpayer whose net worth ratio is less than
    45  four percent and  whose  total  assets  are  comprised  of  thirty-three
    46  percent or more of mortgages, one-fiftieth of a mill upon each dollar of
    47  taxable assets, or the portion thereof allocated to this state for taxa- 
    48  ble  years  beginning before January first, two thousand six, one seven- 
    49  ty-fifth of a mill upon each dollar of taxable assets,  or  the  portion 
    50  thereof  allocated  to  this  state for the taxable year beginning on or 
    51  after January first, two thousand six  and  before  January  first,  two 
    52  thousand seven, one-hundred-fiftieth of a mill upon each dollar of taxa- 
    53  ble assets, or the portion thereof allocated to this state for the taxa- 
    54  ble  year  beginning  on  or after January first, two thousand seven and 
    55  before January first, two thousand  eight,  and  zero  mills  upon  each 
    56  dollar of taxable assets, or the portion thereof allocated to this state 
        S. 6460                            31                            A. 9560

     1  for  taxable  years  beginning  on  or after January first, two thousand 
     2  eight .
     3    (iv)  For  taxable years beginning on or after January first, nineteen
     4  hundred eighty-five, a taxpayer (whether or not a qualified  institution
     5  as  defined  in  subparagraph (B) of paragraph five of subsection (f) of
     6  section four hundred  six  of  the  federal  national  housing  act,  as
     7  amended,  or  as  defined  in paragraph two of subsection (i) of section
     8  thirteen of the federal deposit insurance act, as amended) shall not  be
     9  subject  to  the  provisions  of  this paragraph for that portion of the
    10  taxable year in which it had outstanding net worth  certificates  issued
    11  in  accordance  with  paragraph  five  of subsection (f) of section four
    12  hundred six of the federal national housing act, as amended,  or  issued
    13  in  accordance  with  subsection  (i) of section thirteen of the federal
    14  deposit insurance act, as amended.
    15    (v) For the purposes of this article:
    16    (A) The term "taxable assets" shall mean the average  value  of  total
    17  assets reduced by any amount of money or other property received from or
    18  attributable  to  amounts  received  from  the federal deposit insurance
    19  corporation pursuant to subsection (c) of section thirteen of the feder-
    20  al deposit insurance act, as amended, or the federal  savings  and  loan
    21  insurance  corporation  pursuant to paragraph one, two, three or four of
    22  subsection (f) of section four hundred six of the federal national hous-
    23  ing act, as amended. Total assets are those assets  which  are  properly
    24  reflected on a balance sheet the income or expenses of which are proper-
    25  ly  reflected (or would have been properly reflected if not fully depre-
    26  ciated or expensed or depreciated or expensed to a  nominal  amount)  in
    27  the computation of alternative entire net income for the taxable year or
    28  in the computation of the eligible net income of the taxpayer's interna-
    29  tional banking facility for the taxable year.
    30    (B)  The term "net worth ratio" shall mean the percentage of net worth
    31  to assets on the last day of the taxable  year.  The  term  "net  worth"
    32  means  the  sum  of  preferred  stock,  common  stock,  surplus, capital
    33  reserves, undivided profits, mutual capital  certificates,  reserve  for
    34  contingencies,  reserve  for loan losses and reserve for security losses
    35  minus assets classified loss. The term "assets" means the sum  of  mort-
    36  gage  loans, nonmortgage loans, repossessed assets, real estate held for
    37  development or investment or resale, cash, deposits, investment  securi-
    38  ties, fixed assets and other assets (such as financial futures, goodwill
    39  and  other  intangible assets) minus assets classified loss. In no event
    40  shall assets be reduced by reserves for losses.
    41    (C) The term "mortgages" shall mean loans  secured  by  real  property
    42  within  or without the state, participations in and securities collater-
    43  alized by pools of residential mortgages, whether or not issued or guar-
    44  anteed by a United States government agency, and loans secured by  stock
    45  in  a  cooperative  housing  corporation. The percentage of total assets
    46  comprised of mortgages shall be an amount equal  to  the  ratio  of  the
    47  average  of  the four quarterly balances of such mortgages ending within
    48  the taxable year, to the average of the four quarterly balances  of  all
    49  assets  ending within the taxable year. Such quarterly balances shall be
    50  computed in the same manner as the  report  of  condition  required  for
    51  federal deposit insurance corporation or federal savings and loan insur-
    52  ance  corporation purposes, whether or not such report is required.  For
    53  taxable periods of less than one year, the taxpayer shall  compute  such
    54  ratio  using  the  number  of such quarterly balances ending within such
    55  taxable period.
    56    § 3. This act shall take effect immediately.
        S. 6460                            32                            A. 9560

     1                                   PART L

     2  Section 1. Subparagraph (1) of paragraph (g) of subdivision 1 of section
     3  210  of the tax law, as amended by section 5 of part Y3 of chapter 62 of
     4  the laws of 2003, is amended to read as follows:
     5    (1) General. The amount prescribed by this paragraph shall be, in  the
     6  case  of  each  New  York  S  corporation, (i) the higher of the amounts
     7  prescribed in paragraphs (a) and (d) of this subdivision (other than the
     8  amount prescribed in the final clause of subparagraph one of such  para-
     9  graph  (d))  (ii)  reduced  by the article twenty-two tax equivalent[,]; 
    10  provided, however, that the amount thus determined  shall  not  be  less
    11  than  the  lowest  of the amounts prescribed in subparagraph one of such
    12  paragraph (d) (with regard to the provisions of  subparagraph  three  of
    13  such  paragraph).  Provided,  however,  notwithstanding any provision of
    14  this paragraph, in taxable years beginning in two thousand  three[,  two 
    15  thousand  four,  and  two  thousand  five]  and  thereafter ,  the amount
    16  prescribed by this paragraph shall be the amount prescribed in  subpara-
    17  graph  one  of  such  paragraph  (d)  (with  regard to the provisions of
    18  subparagraph three of such paragraph) and with regard to calculation  of
    19  such  amount  in the case of a termination year as set forth in subpara-
    20  graph four of this paragraph.
    21    § 2. This act shall take effect immediately and shall apply to taxable
    22  years beginning on or after January 1, 2003.

    23                                   PART M

    24  Section 1. Subsection (c) of section 1505 of the tax law, as amended  by
    25  section  4  of  part H3 of chapter 62 of the laws of 2003, is amended to
    26  read as follows:
    27    (c) For purposes of the limitation set forth  in  subdivision  (a)  of
    28  this  section,  in the case of an insurance corporation more [then] than 
    29  ninety-five percent of whose premiums are received as consideration  for
    30  annuity  contracts  or are for policies and insurance described in para-
    31  graph two of subdivision (c) of section  fifteen  hundred  ten  of  this
    32  article,  in determining the amount of tax computed solely under section
    33  fifteen hundred ten of this article, gross direct  premiums  subject  to
    34  tax  under  such  section  shall  include [all] such amounts received as
    35  consideration for annuity contracts and premiums for policies and insur-
    36  ance, including any separate costs assessed  by  such  insurance  corpo-
    37  ration upon its policyholders, described in paragraph two of subdivision
    38  (c)  of  such  section  that  exceed ninety-five percent of all premiums 
    39  received, including consideration for annuity contracts and premiums for 
    40  policies and insurance (and any separate costs assessed by  such  insur- 
    41  ance  corporations upon its policyholders) described in paragraph two of 
    42  subdivision (c) of section fifteen hundred ten of this article .
    43    § 2. This act shall take effect immediately and apply to taxable years
    44  beginning on or after January 1, 2006.

    45                                   PART N

    46  Section 1. Paragraph 2 of subdivision (a) and subdivision (b) of section
    47  1505 of the tax law, as amended by section 4 of part H3 of chapter 62 of
    48  the laws of 2003, are amended to read as follows:
    49    (2) Domestic, foreign  and  alien  life  insurance  corporations.  The
    50  provisions  of  this  paragraph  shall apply to taxpayers subject to tax
    51  under paragraph one of subdivision (b) of section fifteen hundred ten of
        S. 6460                            33                            A. 9560

     1  this article. Notwithstanding the provisions of sections fifteen hundred
     2  one and fifteen hundred ten of this article, the amount of taxes imposed
     3  under such sections for taxable years  beginning  on  or  after  January
     4  first,  nineteen  hundred  seventy-seven, computed without regard to any
     5  credits allowable against such tax other  than  those  credits  provided
     6  under subdivisions (g) and (h) of section fifteen hundred eleven of this
     7  article,  shall  not  exceed  an  amount  computed as if such taxes were
     8  determined solely under section fifteen hundred  ten,  except  that  for
     9  purposes  of  the limitation provided herein, the rate of tax under such
    10  section shall be deemed to be (i) two and six-tenths percent for taxable
    11  years beginning on or after January first, nineteen hundred seventy-sev-
    12  en and before January first, nineteen hundred ninety-eight,  [and]  (ii)
    13  two percent for taxable years beginning on or after January first, nine-
    14  teen  hundred ninety-eight, and (iii) one and three-quarters percent for 
    15  taxable years beginning on or after January first, two thousand six .
    16    (b) Notwithstanding the provisions of sections fifteen hundred one and
    17  fifteen hundred ten of this article, in the case of taxpayers subject to
    18  tax under subdivision (b) of section  fifteen  hundred  ten,  the  total
    19  amount  of  tax imposed under this article, computed before the applica-
    20  tion of any credits allowable against such tax, shall  in  no  event  be
    21  less than the amount computed as if such tax was determined solely under
    22  section  fifteen  hundred ten, except that the rate of tax under section
    23  fifteen hundred ten shall be deemed to be one  and  five-tenths  percent
    24  for  taxable  years  beginning  on  or after January first, two thousand 
    25  three and before January first, two thousand six, and one and  one-quar- 
    26  ter  percent  for taxable years beginning on or after January first, two 
    27  thousand six .
    28    § 2. This act shall take effect immediately.

    29                                   PART O

    30  Section 1. Paragraphs 1, 2, 3 and 4 of subdivision (f) of  section  1137
    31  of  the  tax  law,  paragraphs 1, 3 and 4 as added by chapter 170 of the
    32  laws of 1994 and paragraph 2 as amended by section 92 of part A of chap-
    33  ter 389 of the laws of 1997, are amended to read as follows:
    34    (1) Except  as  otherwise  provided  in  this  subdivision,  a  person
    35  required  to  collect  tax who files a return required to be filed under
    36  section eleven hundred thirty-six of this [article] part  For a quarterly
    37  or longer period shall be allowed a credit against  the  [tax  collected 
    38  from such person's customers] taxes and fees required to be reported on, 
    39  and  paid with, such return, in an amount as determined in paragraph two
    40  of this subdivision, but only where such person files the return  on  or
    41  before  the  filing  due date and pays or pays over with such return the
    42  total amount shown on such return (determined with regard to this subdi-
    43  vision).
    44    (2) The amount of the credit  authorized  by  paragraph  one  of  this
    45  subdivision  shall be [three and one-half] five percent of the amount of
    46  [tax imposed by section eleven hundred five of this article at the  rate 
    47  of  four  percent  and] taxes and fees (but not including any penalty or 
    48  interest thereon) required to be [collected from such person's customers 
    49  which is] reported on, and paid or paid over with,  the  return  [which]
    50  but  only  if  the return is filed on or before the filing due date, but
    51  not more than [one] two hundred fifty dollars,  for  each  quarterly  or
    52  longer period, except that, with respect to returns required to be filed 
    53  for  quarterly  or  longer  periods  ending on or before the last day of 
    54  February, two thousand seven, the amount of the credit  shall  be  three 
        S. 6460                            34                            A. 9560

     1  and  one-half percent of the amount of such taxes and fees, but not more 
     2  than one hundred fifty dollars for each such quarterly or longer period, 
     3  and with respect to returns required to be filed for  the  quarterly  or 
     4  longer  periods  ending on or before the last day of February, two thou- 
     5  sand eight, the amount of the credit shall be four percent of the amount 
     6  of such taxes and fees, but not more than two hundred dollars  for  each 
     7  such quarterly or longer period .
     8    (3)  Notwithstanding  any  other  provision  of  law[, no]: The credit 
     9  afforded by this subdivision shall be taken only on the return  for  the 
    10  quarterly  or  longer  period  to  which  the credit applies. No refund,
    11  carryforward or carryback of any credit, or any interest thereon, and no
    12  application for credit or refund of any tax, penalty or  interest  shall
    13  be  allowed  or  paid under this subdivision. No claim for credit may be
    14  filed or allowed under this subdivision other  than  with  the  original
    15  return  for  such period and any later [credit] claim, whether sought to 
    16  be taken on an amended return or otherwise, shall be void and any allow-
    17  ance erroneous. The commissioner may, on the commissioner's own  motion,
    18  correct any erroneous disallowance of the credit provided by this subdi-
    19  vision.
    20    (4)  [The credit authorized by this subdivision shall be computed with 
    21  respect to, and shall apply against, only the  tax  imposed  by  section 
    22  eleven  hundred  five  of  this article at the rate of four percent, and 
    23  this subdivision shall not apply to or be deemed incorporated  into  any 
    24  section  of  this  article  which  imposes  tax  and  incorporates other 
    25  sections of this article, or into article twenty-nine or other  articles 
    26  of this chapter, or local laws, ordinances or resolutions enacted pursu- 
    27  ant  thereto, notwithstanding any other provision of law.] Notwithstand- 
    28  ing any other provision of law: The credit authorized by  this  subdivi- 
    29  sion  shall be computed with reference to state and local taxes and fees 
    30  described in paragraph two of this subdivision, but shall be charged and 
    31  allowed only against revenues from  taxes  imposed  by  sections  eleven 
    32  hundred  five  and  eleven hundred ten of this article. The commissioner 
    33  shall account for the aggregate  amounts  of  such  credits  monthly  in 
    34  accordance with the schedule for certifications to the state comptroller 
    35  in  section  twelve  hundred  sixty-one  of this chapter. Such aggregate 
    36  monthly amounts of credits shall be netted  against  revenues  from  the 
    37  taxes under such sections eleven hundred five and eleven hundred ten, to 
    38  ensure  that  revenues from the taxes and fees imposed by other sections 
    39  of law or by counties, cities  and  school  districts  pursuant  to  the 
    40  authority of article twenty-nine of this chapter are not reduced and are 
    41  deposited as provided with respect to the taxes and fees imposed by such 
    42  other  sections or as provided in such article twenty-nine of this chap- 
    43  ter with respect to taxes of counties, cities and school districts.  Any 
    44  overpayment  or  underpayment  of  revenues  of a county, city or school 
    45  district or of revenues from another tax  or  fee,  on  account  of  the 
    46  allowance  of  credits  under this subdivision, shall be adjusted in the 
    47  manner described in subdivision  (c)  of  such  section  twelve  hundred 
    48  sixty-one  of  this chapter.   The credit authorized by this subdivision 
    49  shall not be incorporated into article twenty-nine of  this  chapter  or 
    50  into  local  laws,  ordinances  or  resolutions  enacted pursuant to the 
    51  authority of such article twenty-nine of this chapter. 
    52    § 2. This act shall take effect on the  first  day  of  the  quarterly
    53  period,  as described in subdivision (b) of section 1136 of the tax law,
    54  next commencing at least 90 days after the  date  this  act  shall  have
    55  become  a law; and provided further that the credit authorized by subdi-
    56  vision (f) of section 1137 of the tax law, as amended by section one  of
        S. 6460                            35                            A. 9560

     1  this act, shall apply to returns required to be filed under section 1136
     2  of  the  tax law for quarterly periods beginning on and after that date,
     3  and, for longer periods, to returns required  to  be  filed  after  such
     4  date;  provided,  however,  that  the department of taxation and finance
     5  shall continue to issue vendor credit  vouchers  for  quarterly  periods
     6  ending  before  the  date  this  act  takes effect and any vendor credit
     7  voucher issued by the department of taxation and finance and outstanding
     8  at the time this act takes effect must be applied against and used on  a
     9  return filed for a quarterly or longer period ending on or before Febru-
    10  ary  28,  2007,  and  thereafter  any  such voucher or vendor credit not
    11  previously taken shall be void and of no value; and  provided,  further,
    12  that  the  commissioner of taxation and finance may take any action with
    13  respect to the adoption, amendment, suspension or repeal of any rule  or
    14  regulation relating to this act and may establish any procedure or regu-
    15  lation  relating  to this act and may establish any procedure or promul-
    16  gate any form necessary for the timely implementation of this act, on or
    17  after the date it shall have become a law.

    18                                   PART P

    19  Section 1. Section 51 of chapter 298 of the laws of 1985,  amending  the
    20  tax law relating to the franchise tax on banking corporations imposed by
    21  the tax law, authorized to be imposed by any city having a population of
    22  one  million  or  more by chapter 772 of the laws of 1966 and imposed by
    23  the administrative code of the city of New York and  relating  to  other
    24  provisions  of  the  tax  law,  chapter  883 of the laws of 1975 and the
    25  administrative code of the city of New York which relates to such  fran-
    26  chise  tax,  as amended by section 1 of part G of chapter 60 of the laws
    27  of 2004, is amended to read as follows:
    28    § 51. This act shall take effect immediately and shall apply to  taxa-
    29  ble years beginning on or after January 1, 1985[, except that: 
    30    (a) sections one through eight shall not apply to taxable years begin- 
    31  ning on or after January 1, 2006; 
    32    (b)  sections  nine,  twelve,  the  amendment  made  to paragraph 9 of 
    33  subsection (a) of section 1452 of  the  tax  law  by  section  thirteen, 
    34  sections  fifteen,  sixteen,  eighteen,  nineteen, twenty, twenty-three, 
    35  twenty-seven, thirty and thirty-two, the amendment made to  paragraph  9 
    36  of  subdivision  (a) of section 11-640 of the administrative code of the 
    37  city of New York by section thirty-three, sections thirty-five,  thirty- 
    38  six, thirty-eight, thirty-nine, forty, and forty-five shall not apply to 
    39  corporations  other than savings banks and savings and loan associations 
    40  for taxable years beginning on or after January 1, 2006; 
    41    (c)  sections  twenty-one,  twenty-two,  twenty-four,  forty-one   and 
    42  forty-two  shall  not apply to corporations other than savings banks and 
    43  savings and loan associations for taxable years beginning  on  or  after 
    44  January 1, 2006, provided, however, that the provisions of such sections 
    45  which  relate  to the alternative minimum tax measured by taxable assets 
    46  shall continue to apply to all taxpayers for taxable years beginning  on 
    47  or after January 1, 2006; 
    48    (d)  the amendment to the section heading and the opening paragraph of 
    49  section 11-643.3 of the administrative code of the city of New York made 
    50  by section forty-three  shall  not  apply  to  corporations  other  than 
    51  savings banks and savings and loan associations for taxable years begin- 
    52  ning  on  or  after  January 1, 2006 with respect to those provisions of 
    53  such section 11-643.3 which relate to the basic tax measured  by  entire 
    54  net income; and 
        S. 6460                            36                            A. 9560

     1    (e)  section twenty-eight, and the addition of new section 11-643.5 of 
     2  the administrative code of the city of New York made by  section  forty- 
     3  four  shall  not  apply  to  corporations  other  than savings banks and 
     4  savings and loan associations for taxable years beginning  on  or  after 
     5  January 1, 2006, provided, however, that the provisions of such sections 
     6  which relate to the alternative minimum taxes measured by assets, issued 
     7  capital  stock  and  one  hundred  twenty-five dollars shall continue to 
     8  apply to all taxpayers for taxable years beginning on or  after  January 
     9  1, 2006].
    10    §  2.  Subdivisions  (d)  and (f) of section 110 of chapter 817 of the
    11  laws of 1987, amending the tax law and  the  environmental  conservation
    12  law,  constituting  the  business  tax  reform and rate reduction act of
    13  1987, as amended by section 2 of part G of chapter 60  of  the  laws  of
    14  2004, are amended to read as follows:
    15    (d)  The provisions of section sixty-seven except insofar as it amends
    16  paragraph 10 of subsection (b) of section 1453 of the tax law,  seventy-
    17  one and seventy-four shall apply to taxable years beginning after Decem-
    18  ber  31,  1986[,  provided,  however,  that  new paragraphs 11 and 12 of 
    19  subsection (b) of section 1453 of  the  tax  law  as  added  by  section 
    20  sixty-seven  of  this act, the amendments made by section seventy-one of 
    21  this act, and new subsection (i) of section 1453 of the tax law as added 
    22  by section seventy-four of this act shall not  apply  to  taxable  years 
    23  beginning on or after January 1, 2006];
    24    (f) The provisions of section one hundred four of this act shall apply
    25  to taxable years beginning after December 31, 1986[, and shall not apply 
    26  to  corporations  other  than savings banks and savings and loan associ- 
    27  ations for  taxable  years  beginning  on  or  after  January  1,  2006, 
    28  provided,  however,  that the provisions of such section which relate to 
    29  the alternative minimum tax measured by taxable assets shall continue to 
    30  apply to all taxpayers for taxable years beginning on or  after  January 
    31  1, 2006].
    32    § 3. Subdivisions (c) and (d) of section 68 of chapter 525 of the laws
    33  of 1988, amending the tax law and the administrative code of the city of
    34  New York relating to the imposition of taxes in the city of New York, as
    35  amended  by  section  3 of part G of chapter 60 of the laws of 2004, are
    36  amended to read as follows:
    37    (c) The provisions of sections one,  thirty-one,  thirty-two,  thirty-
    38  three,  thirty-six,  thirty-seven, forty through forty-five, forty-seven
    39  and forty-eight shall apply to taxable years  beginning  after  December
    40  31, 1986[, provided, however, that the amendments made by sections thir- 
    41  ty-six  and  forty-one  of  this act, and new subdivision (i) of section 
    42  11-641 of the administrative code of the city of New York  as  added  by 
    43  section  forty-four  of this act shall not apply to taxable years begin- 
    44  ning on or after January 1, 2006];
    45    (d) The provisions of section forty-six shall apply to  taxable  years
    46  beginning  after December 31, 1986[, and shall not apply to corporations 
    47  other than savings banks and savings and loan associations  for  taxable 
    48  years beginning on or after January 1, 2006, provided, however, that the 
    49  provisions  of  such section which relate to the alternative minimum tax 
    50  measured by taxable assets shall continue to apply to all taxpayers  for 
    51  taxable years beginning on or after January 1, 2006];
    52    § 4. Section 1452 of the tax law is amended by adding a new subsection
    53  (l) to read as follows:
    54    (l)  Transitional provisions relating to the enactment and implementa- 
    55  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything 
    56  to the contrary contained in this section, a  corporation  that  was  in 
        S. 6460                            37                            A. 9560

     1  existence  before January first, two thousand six and was subject to tax 
     2  under article nine-A of this chapter for its last taxable year beginning 
     3  before January first, two thousand six, shall  continue  to  be  taxable 
     4  under article nine-A for all taxable years beginning on or after January 
     5  first,  two  thousand  six and before January first, two thousand eight. 
     6  The preceding sentence shall not apply to any taxable year during  which 
     7  such  corporation  is  a banking corporation described in paragraphs one 
     8  through  eight  of  subsection  (a)  of  this  section.  Notwithstanding 
     9  anything  to  the  contrary  contained in this section, a banking corpo- 
    10  ration that was in existence before January first, two thousand six  and 
    11  was  subject  to tax under this article for its last taxable year begin- 
    12  ning before January first, two thousand six, shall continue to be  taxa- 
    13  ble under this article for all taxable years beginning on or after Janu- 
    14  ary  first,  two  thousand  six  and  before January first, two thousand 
    15  eight. Provided, however, that nothing in this subsection shall prohibit 
    16  a corporation that elected pursuant to subsection (d) of this section to 
    17  be taxable under article nine-A  of  this  chapter  from  revoking  that 
    18  election in accordance with such subsection (d). 
    19    For  purposes  of this paragraph, a corporation shall be considered to 
    20  be subject to tax under article nine-A of this  chapter  for  a  taxable 
    21  year if such corporation was not a taxpayer but was properly included in 
    22  a  combined  report filed pursuant to section two hundred eleven of this 
    23  chapter for such taxable year and a corporation shall be  considered  to 
    24  be  subject  to tax under this article for a taxable year if such corpo- 
    25  ration was not a taxpayer but was properly included in a combined return 
    26  filed pursuant to subsection (f) or  (g)  of  section  fourteen  hundred 
    27  sixty-two  of this article for such taxable year. A corporation that was 
    28  in existence before January first, two thousand six but first becomes  a 
    29  taxpayer  in  a  taxable  year  beginning on or after January first, two 
    30  thousand six and before January first,  two  thousand  eight,  shall  be 
    31  considered  for  purposes  of this paragraph to have been subject to tax 
    32  under article nine-A of this chapter for its last taxable year beginning 
    33  before January first, two thousand six if such  corporation  would  have 
    34  been  subject  to tax under such article for such taxable year if it had 
    35  been a taxpayer during such taxable year.  A  corporation  that  was  in 
    36  existence  before  January  first,  two thousand six but first becomes a 
    37  taxpayer in a taxable year beginning on  or  after  January  first,  two 
    38  thousand  six  and  before  January  first, two thousand eight, shall be 
    39  considered for purposes of this paragraph to have been  subject  to  tax 
    40  under  this  article  for its last taxable year beginning before January 
    41  first, two thousand six if such corporation would have been  subject  to 
    42  tax  under  this article for such taxable year if it had been a taxpayer 
    43  during such taxable year. 
    44    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this 
    45  section,  a  corporation  formed on or after January first, two thousand 
    46  six and before January first, two thousand eight may elect to be subject 
    47  to tax under this article or under article nine-A of  this  chapter  for 
    48  its first taxable year beginning on or after January first, two thousand 
    49  six  and  before  January  first, two thousand eight in which either (i) 
    50  sixty-five percent or more of its voting stock is owned  or  controlled, 
    51  directly  or  indirectly  by  a  financial holding company, provided the 
    52  corporation whose voting stock is so owned or controlled is  principally 
    53  engaged  in  activities that are described in section 4(k)(4) or 4(k)(5) 
    54  of the federal bank holding company act of nineteen  hundred  fifty-six, 
    55  as  amended and the regulations promulgated pursuant to the authority of 
    56  such section, or (ii) it is a financial subsidiary.  An  election  under 
        S. 6460                            38                            A. 9560

     1  this  paragraph may not be made by a corporation described in paragraphs 
     2  one through eight of subsection (a) of this section or in subsection (e) 
     3  of this section. In addition, an election under this paragraph  may  not 
     4  be made by a corporation that is a party to a reorganization, as defined 
     5  in  subsection  (a) of section 368 of the internal revenue code of 1986, 
     6  as amended,  of  a  corporation  described  in  paragraph  one  of  this 
     7  subsection if both corporations were sixty-five percent or more owned or 
     8  controlled, directly or indirectly, by the same interests at the time of 
     9  the reorganization. 
    10    An  election  under  this paragraph must be made by the taxpayer on or 
    11  before the due date for filing its return  (determined  with  regard  to 
    12  extensions  of  time  for  filing)  for the applicable taxable year. The 
    13  election to be taxed under article nine-A of this chapter shall be  made 
    14  by  the  taxpayer  by filing the report required pursuant to section two 
    15  hundred eleven of this chapter and the election to be taxed  under  this 
    16  article  shall  be  made  by  the taxpayer by filing the return required 
    17  pursuant to section fourteen hundred  sixty-two  of  this  article.  Any 
    18  election  made pursuant to this paragraph shall be irrevocable and shall 
    19  apply to each subsequent taxable year  beginning  on  or  after  January 
    20  first,  two  thousand  six and before January first, two thousand eight, 
    21  provided that the stock ownership requirements described in subparagraph 
    22  (i) of this paragraph are met or such corporation described in  subpara- 
    23  graph (ii) of this paragraph continues as a financial subsidiary. 
    24    (3)  For  purposes  of  this  section,  a financial subsidiary means a 
    25  corporation (i) sixty-five percent or more  of  whose  voting  stock  is 
    26  owned  or  controlled,  directly  or indirectly by a banking corporation 
    27  described in paragraph one, two or  three  of  subsection  (a)  of  this 
    28  section  and  (ii) is described in section 5136A(g) of the revised stat- 
    29  utes of the United States or section 46 of the federal deposit insurance 
    30  act. For purposes of this article, the term "banking corporation"  shall 
    31  include  a  corporation electing to be taxed under this article pursuant 
    32  to paragraph two of this subsection for so long as such  election  shall 
    33  be in effect. 
    34    §  5.  Subparagraph  (iv)  of paragraph 2 of subsection (f) of section
    35  1462 of the tax law, as amended by section 5 of part G of chapter 60  of
    36  the laws of 2004, is amended to read as follows:
    37    (iv)  (A)  Notwithstanding  any  provision of this paragraph, any bank
    38  holding company exercising its corporate franchise or doing business  in
    39  the  state  may  make  a  return on a combined basis without seeking the
    40  permission of the commissioner with any banking  corporation  exercising
    41  its corporate franchise or doing business in the state in a corporate or
    42  organized  capacity  sixty-five percent or more of whose voting stock is
    43  owned or controlled, directly or indirectly, by such bank holding compa-
    44  ny, for the first taxable year beginning on or after January first,  two
    45  thousand and before January first, two thousand [six] eight during which
    46  such bank holding company registers for the first time under the federal
    47  bank  holding company act, as amended, and also elects to be a financial
    48  holding company. In addition, for each subsequent taxable year beginning
    49  after January first, two thousand and before January first, two thousand
    50  [six] eight , any such bank holding company may file on a combined  basis
    51  without  seeking  the  permission  of  the commissioner with any banking
    52  corporation that is exercising its corporate franchise or doing business
    53  in the state and sixty-five percent or more of  whose  voting  stock  is
    54  owned or controlled, directly or indirectly, by such bank holding compa-
    55  ny  if either such banking corporation is exercising its corporate fran-
    56  chise or doing business in the state in a corporate or organized capaci-
        S. 6460                            39                            A. 9560

     1  ty for the first time during such subsequent taxable year, or sixty-five
     2  percent or more of the voting stock of such banking corporation is owned
     3  or controlled, directly or indirectly, by such bank holding company  for
     4  the  first  time  during such subsequent taxable year. Provided however,
     5  for each subsequent taxable year  beginning  after  January  first,  two
     6  thousand  and  before January first, two thousand [six] eight , a banking
     7  corporation described in either of the  two  preceding  sentences  which
     8  filed on a combined basis with any such bank holding company in a previ-
     9  ous  taxable  year,  must continue to file on a combined basis with such
    10  bank holding company if such banking corporation, during such subsequent
    11  taxable year, continues to exercise its corporate franchise or do  busi-
    12  ness  in  the  state in a corporate or organized capacity and sixty-five
    13  percent or more of such banking corporation's voting stock continues  to
    14  be  owned  or  controlled,  directly or indirectly, by such bank holding
    15  company, unless the permission of the commissioner has been obtained  to
    16  file  on  a  separate  basis  for such subsequent taxable year. Provided
    17  further, however, for each subsequent taxable year beginning after Janu-
    18  ary first, two thousand and before January  first,  two  thousand  [six]
    19  eight ,  a  banking  corporation  described  in  either  of the first two
    20  sentences of this clause which did not file on a combined basis with any
    21  such bank holding company in a previous taxable year, may not file on  a
    22  combined basis with such bank holding company during any such subsequent
    23  taxable year unless the permission of the commissioner has been obtained
    24  to file on a combined basis for such subsequent taxable year.
    25    (B)  Notwithstanding any provision of this paragraph other than clause
    26  (A) of this subparagraph, the commissioner may not require a bank  hold-
    27  ing  company  which, during a taxable year beginning on or after January
    28  first, two thousand and before January first, two thousand [six]  eight ,
    29  registers  for the first time during such taxable year under the federal
    30  bank holding company act, as amended, and also elects to be a  financial
    31  holding  company,  to  make a return on a combined basis for any taxable
    32  year beginning on or after January first, two thousand and before  Janu-
    33  ary  first,  two  thousand [six] eight with a banking corporation sixty-
    34  five percent or more of whose  voting  stock  is  owned  or  controlled,
    35  directly or indirectly, by such bank holding company.
    36    § 6. Section 11-640 of the administrative code of the city of New York
    37  is amended by adding a new subdivision (k) to read as follows:
    38    (k)  Transitional provisions relating to the enactment and implementa- 
    39  tion of the federal Gramm-Leach-Bliley act. (1) Notwithstanding anything 
    40  to the contrary contained in this section, a  corporation  that  was  in 
    41  existence  before January first, two thousand six and was subject to tax 
    42  under subchapter two of this chapter for its last taxable year beginning 
    43  before January first, two thousand six, shall  continue  to  be  taxable 
    44  under  subchapter two of this chapter for all taxable years beginning on 
    45  or after January first, two thousand six and before January  first,  two 
    46  thousand  eight.  The  preceding sentence shall not apply to any taxable 
    47  year during which such corporation is a banking corporation described in 
    48  paragraphs one  through  eight  of  subdivision  (a)  of  this  section. 
    49  Notwithstanding  anything  to  the contrary contained in this section, a 
    50  banking corporation that was in  existence  before  January  first,  two 
    51  thousand  six  and was subject to tax under this subchapter for its last 
    52  taxable year beginning before January first,  two  thousand  six,  shall 
    53  continue  to  be  taxable  under  this  subchapter for all taxable years 
    54  beginning on or after January first, two thousand six and before January 
    55  first, two thousand eight.  Provided,  however,  that  nothing  in  this 
    56  subdivision shall prohibit a corporation that elected pursuant to subdi- 
        S. 6460                            40                            A. 9560

     1  vision  (d)  of  this section to be taxable under subchapter two of this 
     2  chapter from revoking that election in accordance with  subdivision  (d) 
     3  of this section. 
     4    For  purposes  of this paragraph, a corporation shall be considered to 
     5  be subject to tax under subchapter two of this  chapter  for  a  taxable 
     6  year if such corporation was not a taxpayer but was properly included in 
     7  a  combined  report filed pursuant to subdivision four of section 11-605 
     8  of this chapter for such taxable year and a corporation shall be consid- 
     9  ered to be subject to tax under this subchapter for a  taxable  year  if 
    10  such  corporation  was  not  a  taxpayer  but was properly included in a 
    11  combined report filed pursuant to subdivision  (f)  or  (g)  of  section 
    12  11-646  of  this  part  for such taxable year. A corporation that was in 
    13  existence before January first, two thousand six  but  first  becomes  a 
    14  taxpayer  in  a  taxable  year  beginning on or after January first, two 
    15  thousand six and before January first,  two  thousand  eight,  shall  be 
    16  considered  for  purposes  of this paragraph to have been subject to tax 
    17  under subchapter two of this chapter for its last taxable year beginning 
    18  before January first, two thousand six if such  corporation  would  have 
    19  been  subject  to  tax under such subchapter for such taxable year if it 
    20  had been a taxpayer during such taxable year. A corporation that was  in 
    21  existence  before  January  first,  two thousand six but first becomes a 
    22  taxpayer in a taxable year beginning on  or  after  January  first,  two 
    23  thousand  six  and  before  January  first, two thousand eight, shall be 
    24  considered for purposes of this paragraph to have been  subject  to  tax 
    25  under this subchapter for its last taxable year beginning before January 
    26  first,  two  thousand six if such corporation would have been subject to 
    27  tax under this subchapter for such taxable year if it had been a taxpay- 
    28  er during such taxable year. 
    29    (2)  Notwithstanding  anything  to  the  contrary  contained  in  this 
    30  section,  a  corporation  formed on or after January first, two thousand 
    31  six and before January first, two thousand eight may elect to be subject 
    32  to tax under this subchapter or under subchapter two of this chapter for 
    33  its first taxable year beginning on or after January first, two thousand 
    34  six and before January first, two thousand eight  in  which  either  (i) 
    35  sixty-five  percent  or more of its voting stock is owned or controlled, 
    36  directly or indirectly by a  financial  holding  company,  provided  the 
    37  corporation  whose voting stock is so owned or controlled is principally 
    38  engaged in activities that are described in section 4(k)(4)  or  4(k)(5) 
    39  of  the  federal bank holding company act of nineteen hundred fifty-six, 
    40  as amended and the regulations promulgated pursuant to the authority  of 
    41  such  section  or  (ii)  it is a financial subsidiary. An election under 
    42  this paragraph may not be made by a corporation described in  paragraphs 
    43  one  through  eight of subdivision (a) of this section or in subdivision 
    44  (e) of this section. In addition, an election under this  paragraph  may 
    45  not  be  made  by  a corporation that is a party to a reorganization, as 
    46  defined in subsection (a) of section 368 of the internal revenue code of 
    47  1986, as amended, of a corporation described in paragraph  one  of  this 
    48  subdivision  if  both corporations were sixty-five percent or more owned 
    49  or controlled, directly or indirectly by the same interests at the  time 
    50  of the reorganization. 
    51    An  election  under  this paragraph must be made by the taxpayer on or 
    52  before the due date for filing its return  (determined  with  regard  to 
    53  extensions  of  time  for  filing)  for the applicable taxable year. The 
    54  election to be taxed under subchapter two of this chapter shall be  made 
    55  by  the  taxpayer  by filing the return required pursuant to subdivision 
    56  one of section 11-605 of this chapter and the election to be taxed under 
        S. 6460                            41                            A. 9560

     1  this subchapter shall be made by  the  taxpayer  by  filing  the  return 
     2  required pursuant to subdivision (a) of section 11-646 of this part. Any 
     3  election  made pursuant to this paragraph shall be irrevocable and shall 
     4  apply  to  each  subsequent  taxable  year beginning on or after January 
     5  first, two thousand six and before January first,  two  thousand  eight, 
     6  provided that the stock ownership requirements described in subparagraph 
     7  (i)  of this paragraph are met or such corporation described in subpara- 
     8  graph (ii) of this paragraph continues as a financial subsidiary. 
     9    (3) For purposes of this  section,  a  financial  subsidiary  means  a 
    10  corporation  (i)  sixty-five  percent  or  more of whose voting stock is 
    11  owned or controlled, directly or indirectly  by  a  banking  corporation 
    12  described  in  paragraph  one,  two  or three of subdivision (a) of this 
    13  section and (ii) is described in section 5136A(g) of the  revised  stat- 
    14  utes of the United States or section 46 of the federal deposit insurance 
    15  act.  For  purposes  of  this subchapter, the term "banking corporation" 
    16  shall include a corporation electing to be taxed under  this  subchapter 
    17  pursuant  to  paragraph  two  of  this  subdivision  for so long as such 
    18  election shall be in effect. 
    19    § 7. Subparagraph (iv) of paragraph 2 of subdivision  (f)  of  section
    20  11-646 of the administrative code of the city of New York, as amended by
    21  section  7  of  part  G of chapter 60 of the laws of 2004, is amended to
    22  read as follows:
    23    (iv) (A) Notwithstanding any provision of  this  paragraph,  any  bank
    24  holding  company exercising its corporate franchise or doing business in
    25  the city may make a return on  a  combined  basis  without  seeking  the
    26  permission  of  the commissioner with any banking corporation exercising
    27  its corporate franchise or doing business in the city in a corporate  or
    28  organized  capacity  sixty-five percent or more of whose voting stock is
    29  owned or controlled, directly or indirectly, by such bank holding compa-
    30  ny, for the first taxable year beginning on or after January first,  two
    31  thousand and before January first, two thousand [six] eight during which
    32  such bank holding company registers for the first time under the federal
    33  bank  holding company act, as amended, and also elects to be a financial
    34  holding company. In addition, for each subsequent taxable year beginning
    35  after January first, two thousand and before January first, two thousand
    36  [six] eight , any such bank holding company may file on a combined  basis
    37  without  seeking  the  permission  of  the commissioner with any banking
    38  corporation that is exercising its corporate franchise or doing business
    39  in the city and sixty-five percent or more  of  whose  voting  stock  is
    40  owned or controlled, directly or indirectly, by such bank holding compa-
    41  ny  if either such banking corporation is exercising its corporate fran-
    42  chise or doing business in the city in a corporate or organized capacity
    43  for the first time during such subsequent taxable  year,  or  sixty-five
    44  percent or more of the voting stock of such banking corporation is owned
    45  or  controlled, directly or indirectly, by such bank holding company for
    46  the first time during such subsequent taxable  year.  Provided  however,
    47  for  each  subsequent  taxable  year  beginning after January first, two
    48  thousand and before January first, two thousand [six] eight ,  a  banking
    49  corporation  described  in  either  of the two preceding sentences which
    50  filed on a combined basis with any such bank holding company in a previ-
    51  ous taxable year, must continue to file on a combined  basis  with  such
    52  bank holding company if such banking corporation, during such subsequent
    53  taxable  year, continues to exercise its corporate franchise or do busi-
    54  ness in the city in a corporate or  organized  capacity  and  sixty-five
    55  percent  or more of such banking corporation's voting stock continues to
    56  be owned or controlled, directly or indirectly,  by  such  bank  holding
        S. 6460                            42                            A. 9560

     1  company,  unless the permission of the commissioner has been obtained to
     2  file on a separate basis for  such  subsequent  taxable  year.  Provided
     3  further, however, for each subsequent taxable year beginning after Janu-
     4  ary  first,  two  thousand  and before January first, two thousand [six]
     5  eight , a banking corporation  described  in  either  of  the  first  two
     6  sentences of this clause which did not file on a combined basis with any
     7  such  bank holding company in a previous taxable year, may not file on a
     8  combined basis with such bank holding company during any such subsequent
     9  taxable year unless the permission of the commissioner has been obtained
    10  to file on a combined basis for such subsequent taxable year.
    11    (B) Notwithstanding any provision of this paragraph other than  clause
    12  (A)  of this subparagraph, the commissioner may not require a bank hold-
    13  ing company which, during a taxable year beginning on or  after  January
    14  first,  two thousand and before January first, two thousand [six] eight ,
    15  registers for the first time during such taxable year under the  federal
    16  bank  holding company act, as amended, and also elects to be a financial
    17  holding company, to make a return on a combined basis  for  any  taxable
    18  year  beginning on or after January first, two thousand and before Janu-
    19  ary first, two thousand [six] eight with a  banking  corporation  sixty-
    20  five  percent  or  more  of  whose  voting stock is owned or controlled,
    21  directly or indirectly, by such bank holding company.
    22    § 8. This act shall take effect immediately.

    23                                   PART Q

    24  Section 1. Subdivision (b) of section 1101 of the tax law is amended  by
    25  adding two new paragraphs 29 and 30 to read as follows:
    26    (29)  New  Energy Star appliance. A residential refrigerator, residen- 
    27  tial combination refrigerator/freezer, residential freezer,  residential 
    28  clothes  washer (but not including a combination washer/dryer unless the 
    29  clothes are washed and dried in the same compartment), residential light 
    30  fixture which uses exclusively a  pin-based  compact  fluorescent  bulb, 
    31  non-commercial ceiling fan with or without a light, non-commercial ceil- 
    32  ing  fan light kit, non-commercial dishwasher or a room air conditioner, 
    33  which is sold for the first time  at  retail,  provided  such  appliance 
    34  qualifies for, and is labeled with, an Energy Star label by the manufac- 
    35  turer,  pursuant  to  an  agreement  among  the manufacturer, the United 
    36  States environmental protection agency and the United States  department 
    37  of energy. 
    38    (30) Home weatherization products. Caulking and weatherstripping, used 
    39  for weatherization purposes, window weatherproofing kits, and insulation 
    40  materials  designed  exclusively  for  insulating purposes, for use in a 
    41  residence. 
    42    § 2. Subdivision (a) of section 1115 of the  tax  law  is  amended  by
    43  adding a new paragraph 42 to read as follows:
    44    (42)  During  the  seven-day  periods each year commencing on the last 
    45  Monday of January and  ending  on  the  first  Sunday  in  February  and 
    46  commencing  on  the  Tuesday  immediately  preceding the first Monday in 
    47  September, known as Labor day, and ending on Labor day, new Energy  Star 
    48  appliances and home weatherization products. 
    49    §  3.  Clause  9 of subdivision (b) of section 1107 of the tax law, as
    50  amended by section 78 of part A of chapter 56 of the laws  of  1998,  is
    51  amended to read as follows:
    52    (9)  Except  as  otherwise provided by law, the [exemption] exemptions 
    53  provided for in [paragraph] paragraphs thirty and forty-two of  subdivi-
        S. 6460                            43                            A. 9560

     1  sion  (a)  of  section  eleven hundred fifteen [relating to clothing and 
     2  footwear] of this article shall not apply.
     3    §  4.  Subdivision  (f)  of  section  1109 of the tax law, as added by
     4  section 118-a of part A of chapter 389 of the laws of 1997,  is  amended
     5  to read as follows:
     6    (f)  The  [exemption contained] exemptions provided for in [paragraph]
     7  paragraphs thirty and forty-two of subdivision  (a)  of  section  eleven
     8  hundred fifteen of this article shall not apply.
     9    §  5.  Section 1109 of the tax law is amended by adding a new subdivi-
    10  sion (h) to read as follows:
    11    (h) Notwithstanding any other provision of state or local  law,  ordi- 
    12  nance  or  resolution  to  the contrary: (1) In the event that a county, 
    13  city or school district located in the metropolitan commuter transporta- 
    14  tion district imposes taxes pursuant to the authority of  subpart  B  of 
    15  part  one  of  article twenty-nine of this chapter and elects to provide 
    16  the  new  Energy  Star  appliances  and  home  weatherization   products 
    17  exemption  authorized  in  paragraph  one  of subdivision (a) of section 
    18  twelve hundred ten of this chapter, or a city located in  such  district 
    19  in  which the taxes provided for in section eleven hundred seven of this 
    20  part are in effect elects to provide such new Energy Star appliances and 
    21  home weatherization products exemption from such taxes pursuant  to  the 
    22  authority of subdivision (o) of section twelve hundred ten of this chap- 
    23  ter  or  the  taxes provided for in section eleven hundred eight of this 
    24  part are in effect in a city located in such  district,  the  exemptions 
    25  provided  by  paragraph  forty-two  of subdivision (a) of section eleven 
    26  hundred fifteen of this article shall be applicable in such  portion  of 
    27  the  metropolitan commuter transportation district in which such county, 
    28  city or school district is located. The commissioner shall determine and 
    29  certify to the comptroller the amount of revenue forgone at the rate  of 
    30  three-eighths  of one percent under this section in such county, city or 
    31  school district on account of sales of new Energy  Star  appliances  and 
    32  home weatherization products in such county, city or school district. 
    33    (2)  Commencing with the sales tax quarterly period which commences on 
    34  June first, two thousand six, the commissioner shall make such  determi- 
    35  nations and certifications on the twelfth day of the month following the 
    36  month  in which sales tax quarterly returns are due under section eleven 
    37  hundred thirty-six of this article with respect to such quarterly period 
    38  for as long as such new Energy Star appliances and  home  weatherization 
    39  products  exemption from such taxes imposed pursuant to the authority of 
    40  article twenty-nine of this chapter or by section eleven  hundred  seven 
    41  or  eleven  hundred eight of this part is in effect. Neither the commis- 
    42  sioner nor the comptroller shall be held liable for  any  inaccuracy  in 
    43  such determinations and certifications.  Such determinations and certif- 
    44  ications  may  be  based  on such information as may be available to the 
    45  commissioner at the time such determinations and certifications must  be 
    46  made  under  this  subdivision  and  may  be  estimated  on the basis of 
    47  percentages or other indices calculated from  distributions  from  prior 
    48  periods.  The  commissioner shall be authorized to require such informa- 
    49  tion as the commissioner deems necessary to comply with the requirements 
    50  of this subdivision from persons required to  file  returns  under  such 
    51  section eleven hundred thirty-six of this article. 
    52    (3)  By  the  fifteenth day of the month in which the commissioner has 
    53  made the certifications to the comptroller described in paragraph two of 
    54  this subdivision, the comptroller shall bill any county, city or  school 
    55  district  in  such  metropolitan  commuter transportation district which 
    56  provides  such  new  Energy  Star  appliances  and  home  weatherization 
        S. 6460                            44                            A. 9560

     1  products  exemption,  and  any  city in such district in which the taxes 
     2  imposed by section eleven hundred seven of this part are in effect which 
     3  has elected to provide such new Energy Star appliances and home weather- 
     4  ization  products  exemption, and any city in such district in which the 
     5  taxes imposed by section eleven  hundred  eight  of  this  part  are  in 
     6  effect, an amount equal to one-half of the amount certified to the comp- 
     7  troller  by  the  commissioner in respect of such county, city or school 
     8  district; and such county, city or school district shall pay the  amount 
     9  of  such  bill to the comptroller by the twenty-fifth day of such month. 
    10  The comptroller shall deposit any such  amounts  received  in  the  mass 
    11  transportation  operating assistance fund established by section eighty- 
    12  eight-a of the state finance law to the credit of the metropolitan  mass 
    13  transportation operating assistance account therein. 
    14    (4) In the event that a county, city or school district imposing a tax 
    15  pursuant  to  the  authority of subpart B of part one of article twenty- 
    16  nine of this chapter does not pay in full a bill described in  paragraph 
    17  three of this subdivision by the twenty-fifth day of the month described 
    18  in  paragraphs  two and three of this subdivision, the comptroller shall 
    19  deduct any amount not paid from  the  amount  of  the  next  payment  or 
    20  payments  due  such county, city or school district pursuant to subdivi- 
    21  sion (c) of section twelve hundred sixty-one of this chapter until  such 
    22  amount  not  paid  has been recovered. The comptroller shall deposit the 
    23  amounts so deducted and recovered in the mass  transportation  operating 
    24  assistance  fund  to  be credited as provided in paragraph three of this 
    25  subdivision. 
    26    (5) In the event that a city in which the  taxes  imposed  by  section 
    27  eleven  hundred  seven of this part are in effect does not pay in full a 
    28  bill described in paragraph three of this  subdivision  by  the  twenty- 
    29  fifth  day  of  the  month described in paragraphs two and three of this 
    30  subdivision, the comptroller shall deduct any amount not paid  from  the 
    31  amount  of  the  next payment or payments due such city, with respect to 
    32  taxes, penalties and interest  imposed  pursuant  to  the  authority  of 
    33  section twelve hundred twelve-a of this chapter, pursuant to subdivision 
    34  (c)  of  section  twelve  hundred  sixty-one of this chapter, until such 
    35  amount not paid has been recovered. The comptroller  shall  deposit  the 
    36  amounts  so  deducted and recovered in the mass transportation operating 
    37  assistance fund to be credited as provided in paragraph  three  of  this 
    38  subdivision. 
    39    (6)  In  the  event  that a city in which the taxes imposed by section 
    40  eleven hundred eight of this part are in effect does not pay in  full  a 
    41  bill  described  in  paragraph  three of this subdivision by the twenty- 
    42  fifth day of the month described in paragraphs two  and  three  of  this 
    43  subdivision,  the  comptroller shall deduct any amount not paid from the 
    44  amount of any other moneys due  such  city  from  the  comptroller,  not 
    45  otherwise  pledged, dedicated or encumbered pursuant to other state law, 
    46  until such amount not paid has been  recovered.  The  comptroller  shall 
    47  deposit the amounts so deducted and recovered in the mass transportation 
    48  operating  assistance fund to be credited as provided in paragraph three 
    49  of this subdivision. 
    50    (7) The commissioner shall certify the amount of any over  calculation 
    51  or  under  calculation  of  any certification required to be made to the 
    52  comptroller under paragraph three of this subdivision as soon after  its 
    53  discovery  as reasonably possible and subsequent bills to a city, county 
    54  or school district to which the over calculation  or  under  calculation 
    55  relates shall be adjusted accordingly, provided that the comptroller may 
    56  adjust such number of subsequent bills as the comptroller shall consider 
        S. 6460                            45                            A. 9560

     1  reasonable  in  view of the amount of the adjustment and all other facts 
     2  and circumstances. 
     3    (8)  On the same date that the comptroller is required to bill a coun- 
     4  ty, city or school district an amount as provided in paragraph three  of 
     5  this  subdivision,  the  comptroller  shall, after having first made any 
     6  deposits required by section ninety-two-r of the state finance  law  and 
     7  only  to  the  extent  that there are moneys remaining after having made 
     8  such required deposits, withdraw from the state treasury, to  the  debit 
     9  of  the  general  fund,  an  amount  equal  to  the total of the amounts 
    10  required to be billed to counties, cities and school districts  pursuant 
    11  to  paragraph three of this subdivision and deposit such total amount in 
    12  the mass transportation operating assistance  fund  to  be  credited  as 
    13  provided  in such paragraph three. The amount of any over calculation or 
    14  under calculation determined in  paragraph  seven  of  this  subdivision 
    15  shall  likewise be applied to the amounts required to be deposited under 
    16  this paragraph, so that the amounts deposited under this paragraph equal 
    17  the total of the amounts required to be billed to counties,  cities  and 
    18  school districts under paragraph three of this subdivision, as adjusted, 
    19  pursuant to paragraph seven of this subdivision. 
    20    §  6.  Subparagraph  (i)  of paragraph 1 of subdivision (a) of section
    21  1210 of the tax law, as separately amended by chapters 285 and  306  and
    22  as  designated by chapter 710 of the laws of 2005, is amended to read as
    23  follows:
    24    (i) Either, all of the taxes described in article twenty-eight of this
    25  chapter, at the same uniform rate, as to which taxes all  provisions  of
    26  the  local  laws, ordinances or resolutions imposing such taxes shall be
    27  identical, except as to rate and except as  otherwise  provided  herein,
    28  with  the corresponding provisions in such article twenty-eight, includ-
    29  ing the definition and exemption provisions of such article, so  far  as
    30  the  provisions  of  such article twenty-eight can be made applicable to
    31  the taxes imposed by such city or county and with such  limitations  and
    32  special provisions as are set forth in this article.  However, any local
    33  law  enacted  by  any  city  of  one million or more, imposing the taxes
    34  authorized by this subdivision, shall omit  the  exemption  provided  in
    35  subdivision  (c) of section eleven hundred fifteen of this chapter inso-
    36  far as it applies to fuel, gas, electricity,  refrigeration  and  steam,
    37  and  gas,  electric,  refrigeration and steam service of whatever nature
    38  for use or consumption directly and exclusively  in  the  production  of
    39  gas,  electricity,  refrigeration  or steam and, unless such city elects
    40  otherwise, the provision for refund or credit contained in clause six of
    41  subdivision (a) of section eleven hundred nineteen of this chapter ,  and
    42  may  omit  (A)  the exception provided in paragraph three of subdivision
    43  (c) of section eleven hundred five of this  chapter  for  receipts  from
    44  laundering,  dry-cleaning,  tailoring, weaving, pressing, shoe repairing
    45  and shoe shining and (B) the exception  provided  in  paragraph  one  of
    46  subdivision  (f)  of  section  eleven  hundred  five of this chapter  For
    47  charges to a patron for admission to, or use of, facilities for sporting
    48  activities in which such patron is to be a participant, such as  bowling
    49  alleys  and swimming pools. Furthermore, any local law enacted by a city
    50  of one million or more imposing the taxes authorized by this subdivision
    51  may impose the taxes described in paragraph six of  subdivision  (c)  of
    52  section eleven hundred five of this chapter at a rate in addition to the
    53  rate  prescribed  by this section not to exceed two per centum in multi-
    54  ples of one-half of one per centum.  The  taxes  authorized  under  this
    55  subdivision may not be imposed by a city or county unless the local law,
    56  ordinance or resolution imposes such taxes so as to include all portions
        S. 6460                            46                            A. 9560

     1  and  all types of receipts, charges or rents, subject to state tax under
     2  sections eleven hundred five and eleven hundred  ten  of  this  chapter ,
     3  except  as  provided in the following sentence. Any local law, ordinance
     4  or  resolution  enacted  by  any city of less than one million or by any
     5  county or school district, imposing the taxes authorized by this  subdi-
     6  vision,  shall,  notwithstanding  any  provision of law to the contrary,
     7  exclude from the operation of such local taxes  all  sales  of  tangible
     8  personal  property  for use or consumption directly and predominantly in
     9  the production of tangible personal property, gas, electricity,  refrig-
    10  eration  or  steam,  for sale, by manufacturing, processing, generating,
    11  assembly, refining, mining or extracting;  and  all  sales  of  tangible
    12  personal  property  for  use  or consumption predominantly either in the
    13  production of tangible personal property, for sale, by farming or  in  a
    14  commercial  horse boarding operation, or in both; and, unless such city,
    15  county or school district elects otherwise, shall omit the provision for
    16  credit or refund contained in clause six of subdivision (a)  of  section
    17  eleven  hundred  nineteen  of this chapter .  Any local law, ordinance or
    18  resolution enacted by any city, county or school district, imposing  the
    19  taxes  authorized  by this subdivision, shall omit the residential solar
    20  energy systems equipment exemption provided for in subdivision (ee), the
    21  clothing and footwear exemption provided  for  in  paragraph  thirty  of
    22  subdivision  (a)  and  the  qualified  empire zone enterprise exemptions
    23  provided for in subdivision (z) and the new Energy Star  appliances  and 
    24  home  weatherization products exemption provided for in paragraph forty- 
    25  two of subdivision  (a)  of  section  eleven  hundred  fifteen  of  this 
    26  chapter , unless such city, county or school district elects otherwise as
    27  to  either  such residential solar energy systems equipment exemption or
    28  such clothing and footwear  exemption  or  such  qualified  empire  zone
    29  enterprise exemptions or such new Energy Star appliances and home weath- 
    30  erization  products  exemption ;  provided  that  if such a city having a
    31  population of one million or more enacts  the  resolution  described  in
    32  subdivision (k) of this section or repeals such resolution or enacts the
    33  resolution  described in subdivision (l) of this section or repeals such
    34  resolution or enacts the resolution described in subdivision (n) of this
    35  section or repeals such resolution or enacts the resolution described in 
    36  subdivision (o) of this section or repeals such resolution , such  resol-
    37  ution  or  repeal shall also be deemed to amend any local law, ordinance
    38  or resolution enacted by such a city imposing such taxes pursuant to the
    39  authority of this subdivision, whether or not such taxes  are  suspended
    40  at the time such city enacts its resolution pursuant to subdivision (k),
    41  (l)  [or], (n) or (o) of this section or at the time of any such repeal;
    42  provided, further, that any such local law, ordinance or resolution  and
    43  section eleven hundred seven of this chapter , as deemed to be amended in
    44  the  event a city of one million or more enacts a resolution pursuant to
    45  the authority of subdivision (k), (l) [or], (n) or (o) of this  section,
    46  shall be further amended, as provided in section twelve hundred eighteen
    47  of  this subpart , so that the residential solar energy systems equipment
    48  exemption or the clothing and footwear exemption or the qualified empire
    49  zone enterprise exemptions or the new Energy Star  appliances  and  home 
    50  weatherization  products  exemption  in any such local law, ordinance or
    51  resolution or in such section eleven hundred seven of this  chapter  are
    52  the  same,  as  the case may be, as the residential solar energy systems
    53  equipment exemption provided for in subdivision (ee), the  clothing  and
    54  footwear  exemption in paragraph thirty of subdivision (a) or the quali-
    55  fied empire zone enterprise exemptions in subdivision  (z)  or  the  new 
    56  Energy  Star  appliances  and  home  weatherization  products  exemption 
        S. 6460                            47                            A. 9560

     1  provided for in paragraph forty-two of subdivision (a) of section eleven
     2  hundred fifteen of this chapter .  Notwithstanding any other provision of
     3  law to the contrary, clothing and footwear  for  which  the  receipt  or
     4  consideration  given  or contracted to be given is less than one hundred
     5  ten dollars per article of clothing, per pair of shoes or other articles
     6  of footwear or per item used or consumed to make or repair such clothing
     7  and which becomes a physical component part of such  clothing  shall  be
     8  exempt  from  sales  and compensating use taxes imposed by a city of one
     9  million or more.
    10    § 7. Subparagraph (i) of paragraph 1 of  subdivision  (a)  of  section
    11  1210  of  the  tax  law,  as amended by chapter 306 and as designated by
    12  chapter 710 of the laws of 2005, is amended to read as follows:
    13    (i) Either, all of the taxes described in article twenty-eight of this
    14  chapter, at the same uniform rate, as to which taxes all  provisions  of
    15  the  local  laws, ordinances or resolutions imposing such taxes shall be
    16  identical, except as to rate and except as  otherwise  provided  herein,
    17  with  the corresponding provisions in such article twenty-eight, includ-
    18  ing the definition and exemption provisions of such article, so  far  as
    19  the  provisions  of  such article twenty-eight can be made applicable to
    20  the taxes imposed by such city or county and with such  limitations  and
    21  special provisions as are set forth in this article.  However, any local
    22  law  enacted  by  any  city  of  one million or more, imposing the taxes
    23  authorized by this subdivision, shall omit  the  exemption  provided  in
    24  subdivision  (c) of section eleven hundred fifteen of this chapter inso-
    25  far as it applies to fuel, gas, electricity,  refrigeration  and  steam,
    26  and  gas,  electric,  refrigeration and steam service of whatever nature
    27  for use or consumption directly and exclusively  in  the  production  of
    28  gas,  electricity,  refrigeration  or steam and, unless such city elects
    29  otherwise, the provision for refund or credit contained in clause six of
    30  subdivision (a) of section eleven hundred nineteen of this chapter ,  and
    31  may  omit  (A)  the exception provided in paragraph three of subdivision
    32  (c) of section eleven hundred five of this  chapter  for  receipts  from
    33  laundering,  dry-cleaning,  tailoring, weaving, pressing, shoe repairing
    34  and shoe shining and (B) the exception  provided  in  paragraph  one  of
    35  subdivision  (f)  of  section  eleven  hundred  five of this chapter  For
    36  charges to a patron for admission to, or use of, facilities for sporting
    37  activities in which such patron is to be a participant, such as  bowling
    38  alleys  and swimming pools. Furthermore, any local law enacted by a city
    39  of one million or more imposing the taxes authorized by this subdivision
    40  may impose the taxes described in paragraph six of  subdivision  (c)  of
    41  section eleven hundred five of this chapter at a rate in addition to the
    42  rate  prescribed  by this section not to exceed two per centum in multi-
    43  ples of one-half of one per centum.  The  taxes  authorized  under  this
    44  subdivision may not be imposed by a city or county unless the local law,
    45  ordinance or resolution imposes such taxes so as to include all portions
    46  and  all types of receipts, charges or rents, subject to state tax under
    47  sections eleven hundred five and eleven hundred  ten  of  this  chapter ,
    48  except  as  provided in the following sentence. Any local law, ordinance
    49  or resolution enacted by any city of less than one  million  or  by  any
    50  county  or school district, imposing the taxes authorized by this subdi-
    51  vision, shall, notwithstanding any provision of  law  to  the  contrary,
    52  exclude  from  the  operation  of such local taxes all sales of tangible
    53  personal property for use or consumption directly and  predominantly  in
    54  the  production of tangible personal property, gas, electricity, refrig-
    55  eration or steam, for sale, by  manufacturing,  processing,  generating,
    56  assembly,  refining,  mining  or  extracting;  and all sales of tangible
        S. 6460                            48                            A. 9560

     1  personal property for use or consumption  predominantly  either  in  the
     2  production  of  tangible personal property, for sale, by farming or in a
     3  commercial horse boarding operation, or in both; and, unless such  city,
     4  county or school district elects otherwise, shall omit the provision for
     5  credit  or  refund contained in clause six of subdivision (a) of section
     6  eleven hundred nineteen of this chapter .   Any local law,  ordinance  or
     7  resolution  enacted by any city, county or school district, imposing the
     8  taxes authorized by this subdivision, shall omit the  residential  solar
     9  energy systems equipment exemption provided for in subdivision (ee), the
    10  clothing  and  footwear  exemption  provided  for in paragraph thirty of
    11  subdivision (a) and the  qualified  empire  zone  enterprise  exemptions
    12  provided  for  in subdivision (z) and the new Energy Star appliances and 
    13  home weatherization products exemption provided for in paragraph  forty- 
    14  two  of  subdivision  (a)  of  section  eleven  hundred  fifteen of this 
    15  chapter , unless such city, county or school district elects otherwise as
    16  to either such residential solar energy systems equipment  exemption  or
    17  such  clothing  and  footwear  exemption  or  such qualified empire zone
    18  enterprise exemptions or such new Energy Star appliances and home weath- 
    19  erization products exemption ; provided that if  such  a  city  having  a
    20  population  of  one  million  or more enacts the resolution described in
    21  subdivision (k) of this section or repeals such resolution or enacts the
    22  resolution described in subdivision (l) of this section or repeals  such
    23  resolution or enacts the resolution described in subdivision (n) of this
    24  section or repeals such resolution or enacts the resolution described in 
    25  subdivision  (o) of this section or repeals such resolution , such resol-
    26  ution or repeal shall also be deemed to amend any local  law,  ordinance
    27  or resolution enacted by such a city imposing such taxes pursuant to the
    28  authority  of  this subdivision, whether or not such taxes are suspended
    29  at the time such city enacts its resolution pursuant to subdivision (k),
    30  (l) [or], (n) or (o) of this section or at the time of any such  repeal;
    31  provided,  further, that any such local law, ordinance or resolution and
    32  section eleven hundred seven of this chapter , as deemed to be amended in
    33  the event a city of one million or more enacts a resolution pursuant  to
    34  the  authority of subdivision (k), (l) [or], (n) or (o) of this section,
    35  shall be further amended, as provided in section twelve hundred eighteen
    36  of this subpart , so that the residential solar energy systems  equipment
    37  exemption or the clothing and footwear exemption or the qualified empire
    38  zone  enterprise  exemptions  or the new Energy Star appliances and home 
    39  weatherization products exemption in any such local  law,  ordinance  or
    40  resolution  or  in such section eleven hundred seven of this chapter are
    41  the same, as the case may be, as the residential  solar  energy  systems
    42  equipment  exemption  provided for in subdivision (ee), the clothing and
    43  footwear exemption in paragraph thirty of subdivision (a) or the  quali-
    44  fied  empire  zone  enterprise  exemptions in subdivision (z) or the new 
    45  Energy  Star  appliances  and  home  weatherization  products  exemption 
    46  provided for in paragraph forty-two of subdivision (a) of section eleven
    47  hundred fifteen of this chapter .
    48    §  8.  Subdivision  (d)  of section 1210 of the tax law, as amended by
    49  section 12 of part GG of chapter 63 of the laws of 2000, is  amended  to
    50  read as follows:
    51    (d)  A local law, ordinance or resolution imposing any tax pursuant to
    52  this section, increasing or decreasing the rate of such  tax,  repealing
    53  or  suspending  such tax, exempting from such tax the energy sources and
    54  services described in paragraph three of subdivision (a) or of  subdivi-
    55  sion  (b)  of  this  section or changing the rate of tax imposed on such
    56  energy sources and services  or  providing  for  the  credit  or  refund
        S. 6460                            49                            A. 9560

     1  described  in  clause  six  of subdivision (a) of section eleven hundred
     2  nineteen of this chapter must go into effect only on one of the  follow-
     3  ing  dates:  March first, June first, September first or December first;
     4  provided,  that  a  local law, ordinance or resolution providing for the
     5  exemption described in paragraph thirty or the  exemption  described  in 
     6  paragraph  forty-two  of subdivision (a) or providing for the exemptions
     7  described in subdivision (z) of section eleven hundred fifteen  of  this
     8  chapter  or  repealing  any  such exemption so provided and a resolution
     9  enacted pursuant to the authority of subdivision  (k)  or  (o)  of  this
    10  section  providing  such  exemption  or  subdivision (l) of this section
    11  providing such exemptions or repealing such exemption or  exemptions  so
    12  provided  must  go  into  effect only on March first. No such local law,
    13  ordinance or resolution shall be effective unless a  certified  copy  of
    14  such  law,  ordinance or resolution is mailed by registered or certified
    15  mail to the commissioner at the commissioner's office in Albany at least
    16  ninety days prior to the date it is to become  effective.  However,  the
    17  commissioner  may  waive  and  reduce  such  ninety-day  minimum  notice
    18  requirement to a mailing of such certified copy by registered or  certi-
    19  fied  mail  within  a  period of not less than thirty days prior to such
    20  effective date if the commissioner deems such action  to  be  consistent
    21  with  the  commissioner's  duties  under section twelve hundred fifty of
    22  this  article  and  the  commissioner  acts  by  resolution.  Where  the
    23  restriction  provided for in section twelve hundred twenty-three of this
    24  article as to the effective date of a tax  and  the  notice  requirement
    25  provided  for  therein  are  applicable  and  have  not been waived, the
    26  restriction and notice requirement in  section  twelve  hundred  twenty-
    27  three of this article shall also apply.
    28    §  9.  Section 1210 of the tax law is amended by adding a new subdivi-
    29  sion (o) to read as follows:
    30    (o) Notwithstanding any other provision of state or local  law,  ordi- 
    31  nance or resolution to the contrary: 
    32    (1)  Any  city having a population of one million or more in which the 
    33  taxes imposed by section eleven hundred seven of  this  chapter  are  in 
    34  effect,  acting through its local legislative body, is hereby authorized 
    35  and empowered to elect to provide the exemption from such taxes for  the 
    36  same  new Energy Star appliances and home weatherization products exempt 
    37  from state sales and compensating use taxes,  during  the  same  periods 
    38  each  year,  described  in  paragraph  forty-two  of  subdivision (a) of 
    39  section eleven hundred fifteen of this chapter by enacting a  resolution 
    40  exactly  in  the  form  set  forth in paragraph two of this subdivision; 
    41  whereupon, upon compliance with the provisions of subdivisions  (d)  and 
    42  (e)  of  this section, such enactment of such resolution shall be deemed 
    43  to be an amendment to section eleven hundred seven of this  chapter  and 
    44  such  section  eleven  hundred seven shall be deemed to incorporate such 
    45  exemption as if it had been duly enacted by the  state  legislature  and 
    46  approved by the governor. 
    47    (2)  Form  of Resolution: Be it enacted by the (insert proper title of 
    48  local legislative body) as follows: 
    49    Section one.  Receipts  from  sales  of  and  consideration  given  or 
    50  contracted  to  be  given for, or for the use of, new Energy Star appli- 
    51  ances and home weatherization  products  exempt  from  state  sales  and 
    52  compensating  use  taxes  pursuant to paragraph 42 of subdivision (a) of 
    53  section 1115 of the New York Tax Law shall also be exempt from sales and 
    54  compensating use taxes imposed in this  jurisdiction,  during  the  same 
    55  periods set forth in such paragraph 42. 
        S. 6460                            50                            A. 9560

     1    Section  two.  This  resolution shall take effect March 1, (insert the 
     2  year, but not earlier than the year 2007) and shall apply to sales  made 
     3  and uses occurring during the applicable exemption periods each year, in 
     4  accordance  with the applicable transitional provisions of sections 1106 
     5  and 1217 of the New York Tax Law. 
     6    § 10. Notwithstanding any other provision of state or local law, ordi-
     7  nance  or  resolution  to  the contrary: (a) Any county or city imposing
     8  sales and compensating use taxes pursuant to the authority of subpart  B
     9  of  part I of article 29 of the tax law, acting through its local legis-
    10  lative body, is hereby authorized and empowered to elect to provide  the
    11  exemption from such taxes for new Energy Star appliances and home weath-
    12  erization  products  exempt  from state sales and compensating use taxes
    13  described in paragraph 42 of subdivision (a) of section 1115 of the  tax
    14  law,  for  the periods described therein, whether such taxes are imposed
    15  by local law, ordinance or resolution, by enacting a resolution  exactly
    16  in  the  form  set  forth in subdivision (c) of this section; whereupon,
    17  upon compliance with the provisions of subdivision (d) of this  section,
    18  such  enactment  of  such resolution shall be deemed to amend such local
    19  law, ordinance or resolution imposing such taxes, and  such  local  law,
    20  ordinance  or resolution shall thenceforth be deemed to incorporate such
    21  exemptions.
    22    (b) Any city of one million or more in  which  the  taxes  imposed  by
    23  section  1107  of  the  tax  law are in effect, acting through its local
    24  legislative body, is hereby authorized and empowered to elect to provide
    25  the exemption from such taxes for the same new  Energy  Star  appliances
    26  and  home weatherization products exempt from state sales and compensat-
    27  ing use taxes described in paragraph 42 of subdivision  (a)  of  section
    28  1115  of  the  tax law, for the periods described therein, by enacting a
    29  resolution exactly in the form set forth  in  subdivision  (c)  of  this
    30  section;  whereupon,  upon compliance with the provisions of subdivision
    31  (d) of this section, such enactment of such resolution shall  be  deemed
    32  to  amend  such  section 1107 of the tax law and such section 1107 shall
    33  thenceforth be deemed to incorporate such exemption for such periods  as
    34  if it had been duly enacted by the state legislature and approved by the
    35  governor  and  such  resolution  shall also be deemed to amend any local
    36  law, ordinance or resolution enacted by such a city imposing such  taxes
    37  pursuant  to the authority of subdivision (a) of section 1210 of the tax
    38  law, whether or not such taxes are  suspended  at  the  time  such  city
    39  enacts its resolution.
    40    (c) Form of Resolution:
    41    Be  it  enacted by the (insert proper title of local legislative body)
    42  as follows:
    43    Section one: The (county or city) of (insert locality's  name)  hereby
    44  elects the two annual one-week new Energy Star appliance and home weath-
    45  erization products exemption periods commencing in the fall of 2006.
    46    Section  two:  This resolution shall take effect immediately and shall
    47  apply to sales made and uses occurring  during  the  applicable  periods
    48  each  year, in accordance with applicable transitional provisions of the
    49  New York Tax Law.
    50    (d) Subdivision (h) of section 1109 of the tax law shall  apply  if  a
    51  county  or  city  located  in  the  metropolitan commuter transportation
    52  district provides the two one-week exemption periods authorized by  this
    53  section.
    54    (e)  A  resolution adopted pursuant to this section shall be effective
    55  only if it is adopted exactly as set forth in subdivision  (c)  of  this
    56  section  and  such  county  or  city  adopts it by June 1, 2006, mails a
        S. 6460                            51                            A. 9560

     1  certified copy of it to the commissioner  of  taxation  and  finance  by
     2  certified mail by such date and otherwise complies with the requirements
     3  of subdivisions (d) and (e) of section 1210 of the tax law.
     4    §  11. This act shall take effect immediately and shall apply to sales
     5  made and uses occurring during exemption periods on or after  such  date
     6  in  accordance  with  the applicable transitional provisions of sections
     7  1106 and 1217 of the tax law, provided that the amendments to  paragraph
     8  1  of subdivision (a) of section 1210 of the tax law made by section six
     9  of this act shall be subject to the expiration  and  reversion  of  such
    10  paragraph  pursuant  to section 4 of chapter 285 of the laws of 2005, as
    11  amended, when upon such date the provisions of section seven of this act
    12  shall take effect.

    13                                   PART R

    14  Section 1. Section 606 of the  tax  law  is  amended  by  adding  a  new
    15  subsection (jj) to read as follows:
    16    (jj)  Home  heating  cost.  (1)  Allowance  of  credit. A taxpayer who 
    17  attained the age of sixty-five and whose federal adjusted  gross  income 
    18  does not exceed seventy-five thousand dollars for the taxable year shall 
    19  be  allowed  a  credit  for  taxable years beginning on or after January 
    20  first, two thousand six and before January first,  two  thousand  seven, 
    21  against  the  tax  imposed by this article for the cost of fuel directly 
    22  associated with home heating that is paid by a taxpayer with respect  to 
    23  his  or  her  principal  residence, if such residence is located in this 
    24  state and such fuel costs equal or exceed seven and one-half percent  of 
    25  his or her federal adjusted gross income. The amount of the credit shall 
    26  be  equal to twenty-five percent of such fuel costs but the credit shall 
    27  not exceed five hundred dollars. 
    28    (2) Multiple taxpayers. If the principal residence is shared by two or 
    29  more taxpayers, the amount of the credit allowable under this subsection 
    30  for each such taxpayer shall be prorated according to the percentage  of 
    31  the total fuel cost paid by such taxpayer. 
    32    (3)  Application  of credit. If the amount of the credit allowed under 
    33  this subsection for any taxable year shall exceed the taxpayer's tax for 
    34  such year, the excess shall be treated as an overpayment of  tax  to  be 
    35  credited  or  refunded  in accordance with the provisions of section six 
    36  hundred eighty-six of this article, provided, however, that no  interest 
    37  shall be paid thereon. 
    38    § 2. This act shall take effect immediately.

    39                                   PART S

    40  Section  1.  Section  606  of  the  tax  law  is amended by adding a new
    41  subsection (kk) to read as follows:
    42    (kk) Home heating system credit. (1) Allowance of credit for  replace- 
    43  ment  or  renovation.  A  taxpayer shall be allowed a credit for taxable 
    44  years beginning on or after January first, two thousand six  and  before 
    45  January  first, two thousand seven against the tax imposed by this arti- 
    46  cle for the costs incurred during the taxable year by a  taxpayer  which 
    47  are  directly associated with the replacement or renovation of an exist- 
    48  ing home heating system, in his or  her  principal  residence,  if  such 
    49  residence  is  located  in this state, provided such home heating system 
    50  after such replacement or renovation qualifies for, and is labeled with, 
    51  an Energy Star label by the manufacturer, pursuant to an agreement among 
    52  the manufacturer, the United States environmental protection agency  and 
        S. 6460                            52                            A. 9560

     1  the  United  States department of energy. The amount of the credit shall 
     2  be equal to fifty percent of the cost of such replacement or  renovation 
     3  but such credit shall not exceed five hundred dollars. 
     4    (2) Multiple taxpayers. If the principal residence is shared by two or 
     5  more taxpayers, the amount of the credit allowable under this subsection 
     6  for  each  such  eligible  taxpayer  shall  be prorated according to the 
     7  percentage of the total expenditure for such replacement  or  renovation 
     8  incurred by each taxpayer. 
     9    (3)  Application  of credit. If the amount of the credit allowed under 
    10  this subsection for any taxable year shall exceed the taxpayer's tax for 
    11  such year, the excess shall be treated as an overpayment of  tax  to  be 
    12  credited  or  refunded  in accordance with the provisions of section six 
    13  hundred eighty-six of this article, provided, however, that no  interest 
    14  shall be paid thereon. 
    15    § 2. This act shall take effect immediately.

    16                                   PART T

    17  Section  1.  Section  210  of  the  tax law is amended by adding two new
    18  subdivisions 38 and 39 to read as follows:
    19    38. Small business energy credit. (a) Allowance of credit. A  taxpayer 
    20  who  is  a  small business taxpayer shall be allowed a credit for energy 
    21  costs, to be computed as hereinafter provided, against the  tax  imposed 
    22  by this article. 
    23    (b)  Application  of  credit.  A  taxpayer  which  is a small business 
    24  taxpayer shall be allowed a credit for taxable  years  beginning  on  or 
    25  after  January  first,  two  thousand  six and before January first, two 
    26  thousand eight against the tax imposed by this article  for  the  energy 
    27  costs  incurred  during  the  taxable  year  by such taxpayer, which are 
    28  directly associated with a small business, provided  such  energy  costs 
    29  exceed  ten  percent  of  the  taxpayer's  total expenses and deductions 
    30  incurred in such small business. The amount of the credit shall be equal 
    31  to twenty-five percent of the energy costs of such small  business,  but 
    32  such credit shall not exceed three thousand dollars. 
    33    (c) For purposes of this subdivision, the term "small business taxpay- 
    34  er"  shall  have the same meaning as provided for under paragraph (f) of 
    35  subdivision one of this section; provided, however, that  such  taxpayer 
    36  shall  have no more than one hundred employees, including general execu- 
    37  tive officers, during the taxable year in which the credit  is  allowed. 
    38  If  the  taxpayer  is part of an affiliated group, as defined in section 
    39  one thousand five hundred four of the internal revenue code,  the  total 
    40  number  of  all  employees of such affiliated group shall not exceed one 
    41  hundred. 
    42    (d) A taxpayer which is a partner in a partnership shall not  claim  a 
    43  credit  under  this  subdivision with respect to its share of the energy 
    44  costs of the partnership unless such taxpayer qualifies as a small busi- 
    45  ness taxpayer. 
    46    (e) For purposes of this subdivision, the term  "energy  costs"  shall 
    47  exclude the cost of electricity and the cost of fuel used in motor vehi- 
    48  cles and in other transportation. 
    49    (f)  The  credit  allowed  under this subdivision for any taxable year 
    50  shall not reduce the tax due for such year to less than  the  higher  of 
    51  the  amounts  prescribed in paragraphs (c) and (d) of subdivision one of 
    52  this section. If the amount of credit allowed under this subdivision for 
    53  any taxable year reduces the tax to such amount, any  amount  of  credit 
    54  thus not deductible in such taxable year shall be treated as an overpay- 
        S. 6460                            53                            A. 9560

     1  ment of tax to be credited or refunded in accordance with the provisions 
     2  of  section  one thousand eighty-six of this chapter. Provided, however, 
     3  the provisions of subsection (c) of section one thousand eighty-eight of 
     4  this chapter notwithstanding, no interest shall be paid thereon. 
     5    39. Eligible farmer energy credit. (a) Allowance of credit.  A taxpay- 
     6  er who is an eligible farmer shall be allowed a credit for energy costs, 
     7  to  be computed as hereinafter provided, against the tax imposed by this 
     8  article. 
     9    (b) Application of credit. A taxpayer who is an eligible farmer  shall 
    10  be  allowed  a  credit  for  taxable years beginning on or after January 
    11  first, two thousand six and before January  first,  two  thousand  eight 
    12  against  the  tax  imposed by this article for the energy costs incurred 
    13  during the taxable year by such taxpayer, which are directly  associated 
    14  with  the  production  of  goods  for market, provided such energy costs 
    15  exceed five percent of the  taxpayer's  total  expenses  and  deductions 
    16  incurred in the production of goods for market. The amount of the credit 
    17  shall  be  equal  to twenty-five percent of the energy costs incurred in 
    18  the production of goods for market, but such  credit  shall  not  exceed 
    19  three thousand dollars. 
    20    (c) For purposes of this subdivision, the term "eligible farmer" shall 
    21  have the same meaning as provided for under paragraph (b) of subdivision 
    22  twenty-two of this section. 
    23    (d)  For  purposes  of this subdivision, the term "energy costs" shall 
    24  include the cost of electricity and shall exclude the cost of fuel  used 
    25  for  transportation,  other  than  fuel  used  in tractors or other farm 
    26  machinery. 
    27    (e) The credit allowed under this subdivision  for  any  taxable  year 
    28  shall  not  reduce  the tax due for such year to less than the higher of 
    29  the amounts prescribed in paragraphs (c) and (d) of subdivision  one  of 
    30  this section. If the amount of credit allowed under this subdivision for 
    31  any  taxable  year  reduces the tax to such amount, any amount of credit 
    32  thus not deductible in such taxable year shall be treated as an overpay- 
    33  ment of tax to be credited or refunded in accordance with the provisions 
    34  of section one thousand eighty-six of this chapter.  Provided,  however, 
    35  the provisions of subsection (c) of section one thousand eighty-eight of 
    36  this chapter notwithstanding, no interest shall be paid thereon. 
    37    §  2.  Section  606  of  the  tax  law  is  amended  by adding two new
    38  subsections (ll) and (mm) to read as follows:
    39    (ll) Small business energy credit. (1) Allowance of credit.  A taxpay- 
    40  er who is a small business taxpayer shall be allowed a credit for  taxa- 
    41  ble  years  beginning  on  or  after January first, two thousand six and 
    42  before January first, two thousand eight against the tax imposed by this 
    43  article for the energy costs incurred during the taxable  year  by  such 
    44  taxpayer,  which are directly associated with a small business, provided 
    45  such energy costs exceed ten percent of the  taxpayer's  total  expenses 
    46  and deductions incurred in such small business. The amount of the credit 
    47  shall  be equal to twenty-five percent of the energy costs of such small 
    48  business, but such credit shall not exceed three  thousand  dollars  for 
    49  the taxable year. 
    50    (2)(A)  For  purposes  of  this  subsection, the term "small business" 
    51  shall mean a taxpayer who has net business income from his or her  trade 
    52  or  business  of  less than three hundred ninety thousand dollars during 
    53  the taxable year, and who employs no more than  one  hundred  employees, 
    54  including  the  taxpayer  if the taxpayer is the sole proprietor of such 
    55  trade or business. If the taxpayer has income during  the  taxable  year 
    56  from  more  than  one  trade  or  business,  the sum of the net business 
        S. 6460                            54                            A. 9560

     1  incomes of such trades or businesses for the taxable year shall be  less 
     2  than  three  hundred  ninety  thousand  dollars, and the total number of 
     3  employees of such trades or businesses shall not exceed one hundred. 
     4    (B)  A taxpayer who is a partner in a partnership shall not be allowed 
     5  to claim the credit allowed under this subsection with  respect  to  the 
     6  partners' share of the energy costs of the partnership unless 
     7    (i)  the  federal  net  income  of such partnership is less than three 
     8  hundred ninety thousand dollars for the taxable year, 
     9    (ii) the sum of the number of employees of  the  partnership  and  the 
    10  number  of  partners  of  the  partnership for the taxable year does not 
    11  exceed one hundred, 
    12    (iii) the value of the capital accounts of the partners' at the end of 
    13  the taxable year does not exceed one million dollars, and 
    14    (iv) the gross receipts or sales of the partnership exceed  ten  thou- 
    15  sand dollars. 
    16    (C)  For  purposes  of this subsection the term "small business" shall 
    17  not include any taxpayer with gross receipts or sales from  a  trade  or 
    18  business of less than ten thousand dollars. 
    19    (D)  For  purposes  of  this subsection, the term "energy costs" shall 
    20  exclude the cost of electricity, and fuel used  in  motor  vehicles  and 
    21  used in other transportation. 
    22    (3)  Application  of credit. If the amount of the credit allowed under 
    23  this subsection for any taxable year shall exceed the taxpayer's tax for 
    24  such year, the excess shall be treated as an overpayment of  tax  to  be 
    25  credited  or  refunded  in accordance with the provisions of section six 
    26  hundred eighty-six of this article, provided, however, that no  interest 
    27  shall be paid thereon. 
    28    (mm) Eligible farmer energy credit. (1) Allowance of credit. A taxpay- 
    29  er who is an eligible farmer shall be allowed a credit for taxable years 
    30  beginning on or after January first, two thousand six and before January 
    31  first,  two  thousand  eight against the tax imposed by this article for 
    32  the energy costs incurred during the  taxable  year  by  such  taxpayer, 
    33  which  are  directly associated with the production of goods for market, 
    34  provided such energy costs exceed five percent of the  taxpayer's  total 
    35  expenses  and  deductions  incurred  during  the  taxable  year  in  the 
    36  production of goods for market. The amount of the credit shall be  equal 
    37  to twenty-five percent of the energy costs incurred in the production of 
    38  goods  for  market,  but  such  credit  shall  not exceed three thousand 
    39  dollars for the taxable year. 
    40    (2) For purposes of this subsection, the term "eligible farmer"  shall 
    41  have  the same meaning as provided for under paragraph two of subsection 
    42  (n) of this section. 
    43    (3) For the purposes of this subsection the term "energy costs"  shall 
    44  include  the cost of electricity and shall exclude the cost of fuel used 
    45  for transportation, other than fuel  used  in  tractors  or  other  farm 
    46  machinery. 
    47    (4)  Application  of credit. If the amount of the credit allowed under 
    48  this subsection for any taxable year shall exceed the taxpayer's tax for 
    49  such year, the excess shall be treated as an overpayment of  tax  to  be 
    50  credited  or  refunded in accordance  with the provisions of section six 
    51  hundred eighty-six of this article, provided, however, that no  interest 
    52  shall be paid thereon. 
    53    §  3. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
    54  of the tax law, as separately amended by chapters 446  and  537  of  the
    55  laws of 2005, is amended to read as follows:
        S. 6460                            55                            A. 9560

     1    (B)  shall  be  treated as the owner of a new business with respect to
     2  such share if the corporation qualifies as a new  business  pursuant  to
     3  paragraph  (j)  of subdivision twelve of section two hundred ten of this
     4  chapter.

     5                                          The corporation's
     6  With respect to the                     credit base under
     7  following credit                        section two hundred ten
     8  under this section:                     or section fourteen
     9                                          hundred fifty-six of this
    10                                          chapter is:

    11  Investment tax credit                   Investment credit base
    12  under subsection (a)                    or qualified
    13                                          rehabilitation
    14                                          expenditures under
    15                                          subdivision twelve of
    16                                          section two hundred ten

    17  Empire zone                             Cost or other basis
    18  investment tax credit                   under subdivision
    19  under subsection (j)                    twelve-B
    20                                          of section two hundred
    21                                          ten

    22  Empire zone                             Eligible wages under
    23  wage tax credit                         subdivision nineteen of
    24  under subsection (k)                    section two hundred ten
    25                                          or subsection (e) of
    26                                          section fourteen hundred
    27                                          fifty-six

    28  Empire zone                             Qualified investments
    29  capital tax credit                      and contributions under
    30  under subsection (l)                    subdivision twenty of
    31                                          section two hundred ten
    32                                          or subsection (d) of
    33                                          section fourteen hundred
    34                                          fifty-six

    35  Agricultural property tax               Allowable school
    36  credit under subsection (n)             district property taxes under
    37                                          subdivision twenty-two of
    38                                          section two hundred ten

    39  Credit for employment                   Qualified first-year wages or
    40  of persons with dis-                    qualified second-year wages
    41  abilities under                         under subdivision
    42  subsection (o)                          twenty-three of section
    43                                          two hundred ten
    44                                          or subsection (f)
    45                                          of section fourteen
    46                                          hundred fifty-six
        S. 6460                            56                            A. 9560

     1  Employment incentive                    Applicable investment credit
     2  credit under subsec-                    base under subdivision
     3  tion (a-1)                              twelve-D of section two
     4                                          hundred ten

     5  Empire zone                             Applicable investment
     6  employment                              credit under sub-
     7  incentive credit under                  division twelve-C
     8  subsection (j-1)                        of section two hundred ten

     9  Alternative fuels credit                Cost under subdivision
    10  under subsection (p)                    twenty-four of section two
    11                                          hundred ten

    12  Qualified emerging                      Applicable credit base
    13  technology company                      under subdivision twelve-E
    14  employment credit                       of section two hundred ten
    15  under subsection (q)

    16  Qualified emerging                      Qualified investments under
    17  technology company                      subdivision twelve-F of
    18  capital tax credit                      section two hundred ten
    19  under subsection (r)

    20  Credit for purchase of an               Cost of an automated
    21  automated external defibrillator        external defibrillator under
    22  under subsection (s)                    subdivision twenty-five of
    23                                          section two hundred ten
    24                                          or subsection (j) of section
    25                                          fourteen hundred fifty-six

    26  Low-income housing                      Credit amount under
    27  credit under subsection (x)             subdivision thirty
    28                                          of section two hundred ten or
    29                                          subsection (l) of section
    30                                          fourteen hundred fifty-six

    31  Credit for transportation               Amount of credit under sub-
    32  improvement contributions               division thirty-two of section
    33  under subsection (z)                    two hundred ten or subsection
    34                                          (n) of section fourteen
    35                                          hundred fifty-six

    36  IMB credit for energy                   Amount of credit
    37  taxes under sub-                        under subdivision
    38  section (t-1)                           twenty-six-a of
    39                                          section two hundred ten

    40  QEZE credit for real property           Amount of credit under
    41  taxes under subsection (bb)             subdivision twenty-seven of
    42                                          section two hundred ten or
    43                                          subsection (o) of section
    44                                          fourteen hundred fifty-six

    45  QEZE tax reduction credit               Amount of benefit period
    46  under subsection (cc)                   factor, employment increase factor
        S. 6460                            57                            A. 9560

     1                                          and zone allocation
     2                                          factor (without regard
     3                                          to pro ration) under
     4                                          subdivision twenty-eight of
     5                                          section two hundred ten or
     6                                          subsection (p) of section
     7                                          fourteen hundred fifty-six
     8                                          and amount of tax factor
     9                                          as determined under
    10                                          subdivision (f) of section sixteen

    11  Green building credit                   Amount of green building credit
    12  under subsection (y)                    under subdivision thirty-one
    13                                          of section two hundred ten
    14                                          or subsection (m) of section
    15                                          fourteen hundred fifty-six

    16  Credit for long-term                    Qualified costs under
    17  care insurance premiums                 subdivision twenty-five-a of
    18  under subsection (aa)                   section two hundred ten
    19                                          or subsection (k) of section
    20                                          fourteen hundred fifty-six

    21  Brownfield redevelopment                Amount of credit
    22  credit under subsection                 under subdivision
    23  (dd)                                    thirty-three of section
    24                                          two hundred ten
    25                                          or subsection (q) of
    26                                          section fourteen hundred
    27                                          fifty-six

    28  Remediated brownfield                   Amount of credit under
    29  credit for real property                subdivision thirty-four
    30  taxes for qualified                     of section two hundred
    31  sites under subsection                  ten or subsection (r) of
    32  (ee)                                    section fourteen hundred
    33                                          fifty-six

    34  Environmental                           Amount of credit under
    35  remediation                             subdivision thirty-five of
    36  insurance credit under                  section two hundred
    37  subsection (ff)                         ten or subsection
    38                                          (s) of section
    39                                          fourteen hundred
    40                                          fifty-six

    41  Empire state film production            Amount of credit for qualified
    42  credit under subsection (gg)            production costs in production
    43                                          of a qualified film under
    44                                          subdivision thirty-six of
    45                                          section two hundred ten

    46  Qualified emerging                      Qualifying expenditures and
    47  technology company facilities,          development activities under
    48  operations and training credit          subdivision twelve-G of section
    49  under subsection (nn)                   two hundred ten
        S. 6460                            58                            A. 9560

     1  Security training tax                   Amount of credit
     2  credit under                            under subdivision thirty-seven
     3  subsection (ii)                         of section two hundred ten or
     4                                          under subsection (t) of
     5                                          section fourteen hundred fifty-six

     6  Credit for qualified fuel               Amount of credit under
     7  cell electric generating equipment      subdivision thirty-seven
     8  expenditures under subsection (g-2)     of section two hundred ten
     9                                          or subsection (t) of
    10                                          section fourteen hundred
    11                                          fifty-six

    12  Small business energy                   Qualifying energy costs 
    13  credit under subsection (ll)            under subdivision thirty-eight 
    14                                          of section two hundred ten 

    15  Eligible farmer energy                  Qualifying energy costs 
    16  credit under subsection (mm)            under subdivision thirty-nine 
    17                                          of section two hundred ten 

    18    §  4.  This  act shall take effect immediately; provided, however that
    19  the IMB credit for energy taxes under subsection  (t-1)  and  the  state
    20  film  production  credit under subsection (gg) of section 606 of the tax
    21  law contained in section three of this act shall expire on the same date
    22  as provided in subdivision (a) of section 49 of part Y of chapter 63  of
    23  the  laws  of 2000, as amended, and section 9 of part P of chapter 60 of
    24  the laws of 2004, as amended, respectively.

    25                                   PART U

    26  Section 1. Section 187-b of the tax law, as added by chapter 310 of  the
    27  laws of 2005, is amended to read as follows:
    28    §  187-b.  Alternative  fuels  credit. 1. General. A taxpayer shall be
    29  allowed a credit,  to  be  credited  against  the  taxes  imposed  under
    30  sections  one  hundred  eighty-three,  one  hundred eighty-four, and one
    31  hundred eighty-five of this article. Such  credit,  to  be  computed  as
    32  hereinafter  provided, shall be allowed for clean-fuel vehicle refueling
    33  property, clean-fuel vehicle  property  and  qualified  hybrid  vehicles 
    34  placed  in  service  during the taxable year and for biofuel production .
    35  Provided, however, that the amount of such credit allowable against  the
    36  tax  imposed by section one hundred eighty-four of this article shall be
    37  the excess of the credit allowed by this section over the amount of such
    38  credit allowable against the tax imposed by section one hundred  eighty-
    39  three of this article.
    40    2.  Clean-fuel  vehicle  refueling  property.  The  credit  under this
    41  section for clean-fuel vehicle  refueling  property  shall  equal  fifty
    42  percent of the cost of any such property:
    43    (a) which is located in this state; and
    44    (b)  for which a deduction is allowed under section one hundred seven-
    45  ty-nine-A of the internal revenue code (determined without regard to the
    46  limitations prescribed in  paragraph  two  of  subsection  (b)  of  such
    47  section  or  the  election referred to in subsection (e) of such section
    48  with respect to section one hundred seventy-nine of such code), but  not
    49  including  clean-fuel  refueling property relating to a qualified hybrid
        S. 6460                            59                            A. 9560

     1  vehicle as such vehicle is defined in subparagraph [(E)]  (D)  of  para-
     2  graph six of subsection (p) of section six hundred six of this chapter.
     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 (D) 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. Qualified hybrid vehicles. The credit under this section for quali- 
    21  fied hybrid vehicles shall equal two thousand dollars per vehicle regis- 
    22  tered in this state. 
    23    5. Biofuel production. The  credit  under  this  section  for  biofuel 
    24  production  for  each  gallon  of  biofuel produced by the taxpayer at a 
    25  biofuel plant on or after January first, two thousand  six  shall  equal 
    26  twenty  cents  per  gallon for the first twenty million gallons produced 
    27  during the taxable year and ten cents per  gallon  for  production  over 
    28  twenty  million  gallons after the first forty thousand gallons produced 
    29  during the taxable year. The  credit  under  this  subdivision  will  be 
    30  limited to one million dollars per taxpayer per taxable year per biofuel 
    31  plant. 
    32    6.  Definitions.  (a) The term "clean-fuel vehicle refueling property"
    33  means any such  property  which  is  qualified  within  the  meaning  of
    34  subsection  (d)  of  section  one hundred seventy-nine-A of the internal
    35  revenue code, but shall not include clean-fuel vehicle refueling proper-
    36  ty relating to a qualified hybrid vehicle as such vehicle is defined  in
    37  subparagraph [(E)] (D) of paragraph six of subsection (p) of section six
    38  hundred six of this chapter.
    39    (b)  The term "clean-fuel" means natural gas, liquefied petroleum gas,
    40  hydrogen, electricity, and any other fuel which is at least  eighty-five
    41  percent, singly or in combination, methanol, ethanol, any other alcohol,
    42  or ether.
    43    (c) The term "qualified hybrid vehicle" shall have the same meaning as
    44  provided for under subparagraph [(E)] (D) of paragraph six of subsection
    45  (p) of section six hundred six of this chapter.
    46    (d)  The  term  "clean-fuel  vehicle property" means any such property 
    47  which is qualified within the meaning of subsection (c) of  section  one 
    48  hundred  seventy-nine-A  of  the  internal  revenue code, but such terms 
    49  shall not include clean-fuel vehicle property relating  to  a  qualified 
    50  hybrid  vehicle  as such vehicle is defined in subparagraph (D) of para- 
    51  graph six of subsection (p) of section six hundred six of this chapter. 
    52    (e) The term "biofuel" shall include biodiesel, ethanol and cellulosic 
    53  ethanol. The term biodiesel shall mean a fuel comprised  exclusively  of 
    54  mono-alkyl  esters of long chain fatty acids derived from vegetable oils 
    55  or animal fats, designated B100, which meets the specifications of Amer- 
    56  ican Society of Testing and Materials  designation  D6751-02.  The  term 
        S. 6460                            60                            A. 9560

     1  "ethanol" shall mean ethyl alcohol manufactured in the United States and 
     2  its territories and sold: 
     3    (i) for fuel use and which has been rendered unfit for beverage use in 
     4  a  manner,  and which is produced at a facility, approved by the federal 
     5  bureau of alcohol, tobacco and firearms for the  production  of  ethanol 
     6  for fuel, or 
     7    (ii) as denatured ethanol used by blenders and refiners which has been 
     8  rendered unfit for beverage use. 
     9    (f)  The  term "cellulosic ethanol" shall mean ethanol manufactured in 
    10  the United States and its territories from cellulosic feedstocks includ- 
    11  ing agricultural residue, dedicated energy crops, municipal  wastes  and 
    12  forest residue. 
    13    [4] 7 .  Carryovers. In no event shall the credit under this section be
    14  allowed  in an amount which will reduce the tax payable to less than the
    15  applicable minimum tax fixed by section one hundred eighty-three or  one
    16  hundred  eighty-five  of this article. If, however, the amount of credit
    17  allowable under this section for any taxable year  reduces  the  tax  to
    18  such  amount,  any  amount of credit not deductible in such taxable year
    19  may be carried over to the following year or years and may  be  deducted
    20  from the taxpayer's tax for such year or years.
    21    [5]  8 .   Credit recapture. (a) Clean-fuel vehicle refueling property.
    22  If, at any time before the end of its recovery period, clean-fuel  vehi-
    23  cle  refueling  property ceases to be qualified, a recapture amount must
    24  be added back in the year in which such cessation occurs.
    25    [(b)] (i) Cessation of  qualification.  Clean-fuel  vehicle  refueling
    26  property ceases to be qualified if:
    27    [(i)]  (I)  the  property no longer qualifies as property described in
    28  subsection (d) of section one hundred  seventy-nine-A  of  the  internal
    29  revenue code; or
    30    [(ii)]  (II)  fifty  percent  or  more of the use of the property in a
    31  taxable year is other than a trade or business in this state; or
    32    [(iii)] (III) the taxpayer receiving the  credit  under  this  section
    33  sells  or  disposes of the property and knows or has reason to know that
    34  the property will be used in a manner  described  in  this  subparagraph
    35  [(i) or (ii) of this paragraph].
    36    [(c)]  (ii)  Recapture  amount.  The  recapture amount is equal to the
    37  credit allowable under this section multiplied by a fraction, the numer-
    38  ator of which is the total recovery period for the  property  minus  the
    39  number  of  recovery  years  prior  to, but not including, the recapture
    40  year, and the denominator of which is the total recovery period.
    41    (b) If, within three full years from  the  date  a  vehicle  of  which 
    42  clean-fuel  vehicle property is a part is placed in service, such clean- 
    43  fuel vehicle property ceases to be qualified, a recapture amount must be 
    44  added back in the tax year in which such cessation occurs. 
    45    (i) Clean-fuel vehicle property ceases to be qualified if 
    46    (I) the vehicle of which it is a part is modified by the  taxpayer  so 
    47  that it may no longer be propelled by a clean-burning fuel, or 
    48    (II)  the  vehicle  otherwise ceases to qualify as property defined in 
    49  subsection (c) of section one hundred  seventy-nine-A  of  the  internal 
    50  revenue code, or 
    51    (III)  the  taxpayer  receiving the credit under this section sells or 
    52  disposes of the vehicle and knows or has reason to know that the vehicle 
    53  will be used in a manner described in clause (I) or (II) of this subpar- 
    54  agraph. 
    55    (ii) Recapture amount. The recapture amount is  equal  to  the  credit 
    56  allowable under this section multiplied by: 
        S. 6460                            61                            A. 9560

     1    (I)  one  hundred  percent,  if  the cessation of qualification occurs 
     2  within the first full year after the  date  the  vehicle  is  placed  in 
     3  service, 
     4    (II)  sixty-six and two-thirds percent, if the cessation of qualifica- 
     5  tion occurs within the second full year after the date  the  vehicle  is 
     6  placed in service, or 
     7    (III)  thirty-three  and one-third percent, if the cessation of quali- 
     8  fication occurs within the third full year after the date the vehicle is 
     9  placed in service. 
    10    (c) Qualified hybrid vehicles. If, within three full  years  from  the 
    11  date  a  qualified  hybrid  vehicle is placed in service, such qualified 
    12  hybrid vehicle ceases to be qualified, a recapture amount must be  added 
    13  back in the tax year in which such cessation occurs. 
    14    (i)  Cessation  of qualification. A qualified hybrid vehicle ceases to 
    15  be qualified if 
    16    (I) it is modified by the taxpayer so that  it  no  longer  meets  the 
    17  requirements  of  a  qualified hybrid vehicle as defined in subparagraph 
    18  (D) of paragraph six of subsection (p) of section  six  hundred  six  of 
    19  this chapter, or 
    20    (II)  the  taxpayer  receiving  the credit under this section sells or 
    21  disposes of the vehicle and knows or has reason to know that the vehicle 
    22  will be so modified. 
    23    (ii) Recapture amount. The recapture amount is  equal  to  the  credit 
    24  allowable under this section multiplied by: 
    25    (I)  one  hundred  percent,  if  the cessation of qualification occurs 
    26  within the first full year after the  date  the  vehicle  is  placed  in 
    27  service, 
    28    (II)  sixty-six and two-thirds percent, if the cessation of qualifica- 
    29  tion occurs within the second full year after the date  the  vehicle  is 
    30  placed in service, or 
    31    (III)  thirty-three  and one-third percent, if the cessation of quali- 
    32  fication occurs within the third full year after the date the vehicle is 
    33  placed in service. 
    34    [6] 9 . Termination. [This section] The credits allowed by subdivisions 
    35  two, three and four of this section shall not apply to  property  placed
    36  in  service  in taxable years beginning [three years after the effective 
    37  date of this section] after December thirty-first, two  thousand  eight. 
    38  The  credit  allowed by subdivision five of this section shall not apply 
    39  in taxable years beginning after  December  thirty-first,  two  thousand 
    40  ten .
    41    § 2. Subdivision 24 of section 210 of the tax law, as added by chapter
    42  310 of the laws of 2005, is amended to read as follows:
    43    24. Alternative fuels credit. (a) General. A taxpayer shall be allowed
    44  a  credit,  to  be  computed  as  hereinafter  provided, against the tax
    45  imposed by this  article  for  clean-fuel  vehicle  refueling  property, 
    46  clean-fuel  vehicle  property  and  qualified  hybrid vehicles placed in
    47  service during the taxable year, and for biofuel production .
    48    (b) Clean-fuel vehicle  refueling  property.  The  credit  under  this
    49  subdivision  for clean-fuel vehicle refueling property shall equal fifty
    50  percent of the cost of any such property:
    51    (i) which is located in this state; and
    52    (ii) for which a deduction is allowed under section one hundred seven-
    53  ty-nine-A of the internal revenue code (determined without regard to the
    54  limitations prescribed in  paragraph  two  of  subsection  (b)  of  such
    55  section  or  the  election referred to in subsection (e) of such section
    56  with respect to section one hundred seventy-nine of such code)  but  not 
        S. 6460                            62                            A. 9560

     1  including  clean-fuel  refueling property relating to a qualified hybrid 
     2  vehicle as such vehicle is defined in subparagraph (D) of paragraph  six 
     3  of subsection (p) of section six hundred six of this chapter .
     4    (c) Clean-fuel vehicle property. The credit under this subdivision for 
     5  clean-fuel vehicle property shall equal sixty percent of the cost of any 
     6  such property 
     7    (i)  for which a deduction is allowed under section one hundred seven- 
     8  ty-nine-A of the internal revenue code (determined without regard to the 
     9  limitations prescribed in  paragraph  one  of  subsection  (b)  of  such 
    10  section  or  the  election referred to in subsection (e) of such section 
    11  with respect to section one hundred seventy-nine of such code), but  not 
    12  including  clean-fuel  vehicle  property  relating to a qualified hybrid 
    13  vehicle as such vehicle is defined in subparagraph (D) of paragraph  six 
    14  of subsection (p) of section six hundred six of this chapter, and 
    15    (ii)  which is installed in or manufactured as part of a motor vehicle 
    16  which is registered in this state, 
    17    (iii) provided, however, the credit with respect to any  such  vehicle 
    18  shall  not  exceed five thousand dollars per vehicle for vehicles with a 
    19  gross vehicle weight rating of fourteen thousand pounds or less and  ten 
    20  thousand dollars per vehicle for all other vehicles. 
    21    (d)  Qualified  hybrid vehicles. The credit under this subdivision for 
    22  qualified hybrid vehicles shall equal two thousand dollars  per  vehicle 
    23  registered in the state. 
    24    (e)  Biofuel production. The credit under this subdivision for biofuel 
    25  production for each gallon of biofuel produced  by  the  taxpayer  at  a 
    26  biofuel  plant  on  or after January first, two thousand six shall equal 
    27  twenty cents per gallon for the first twenty  million  gallons  produced 
    28  during  the  taxable  year  and ten cents per gallon for production over 
    29  twenty million gallons after the first forty thousand  gallons  produced 
    30  during the taxable year. The credit under this paragraph will be limited 
    31  to one million dollars per taxpayer per taxable year per biofuel plant. 
    32    (f)  Definitions. (i) The term "clean-fuel vehicle refueling property"
    33  means any such  property  which  is  qualified  within  the  meaning  of
    34  subsection  (d)  of  section  one hundred seventy-nine-A of the internal
    35  revenue code.
    36    (ii) The term "clean-fuel" means natural gas, liquified petroleum gas,
    37  hydrogen, electricity, and any other fuel which is at least  eighty-five
    38  percent, singly or in combination, methanol, ethanol, any other alcohol,
    39  or ether.
    40    (iii)  The term "qualified hybrid vehicle" shall have the same meaning 
    41  as provided for under subparagraph (D) of paragraph  six  of  subsection 
    42  (p) of section six hundred six of this chapter. 
    43    (iv)  The  term  "clean-fuel vehicle property" means any such property 
    44  which is qualified within the meaning of subsection (c) of  section  one 
    45  hundred seventy-nine-A of the internal revenue code, but such term shall 
    46  not  include  clean-fuel vehicle property relating to a qualified hybrid 
    47  vehicle as such vehicle is defined in subparagraph (D) of paragraph  six 
    48  of subsection (p) of section six hundred six of this chapter. 
    49    (v) The term "biofuel" shall include biodiesel, ethanol and cellulosic 
    50  ethanol.  The  term biodiesel shall mean a fuel comprised exclusively of 
    51  mono-alkyl esters of long chain fatty acids derived from vegetable  oils 
    52  or animal fats, designated B100, which meets the specifications of Amer- 
    53  ican  Society  of  Testing  and Materials designation D6751-02. The term 
    54  "ethanol" shall mean ethyl alcohol manufactured in the United States and 
    55  its territories and sold: 
        S. 6460                            63                            A. 9560

     1    (A) for fuel use and which has been rendered unfit for beverage use in 
     2  a manner, and which is produced at a facility, approved by  the  federal 
     3  bureau  of  alcohol,  tobacco and firearms for the production of ethanol 
     4  for fuel, or 
     5    (B)  as denatured ethanol used by blenders and refiners which has been 
     6  rendered unfit for beverage use. 
     7    (vi) The term "cellulosic ethanol" shall mean ethanol manufactured  in 
     8  the United States and its territories from cellulosic feedstocks includ- 
     9  ing  agricultural  residue, dedicated energy crops, municipal wastes and 
    10  forest residue. 
    11    [(d)] (g) Carryovers. In no event shall the credit under this subdivi-
    12  sion be allowed in an amount which will reduce the tax payable  to  less
    13  than  the  higher of the amounts prescribed in paragraphs (c) and (d) of
    14  subdivision one of this section. Provided, however, that if  the  amount
    15  of  credit allowable under this subdivision for any taxable year reduces
    16  the tax to such amount, any amount of  credit  not  deductible  in  such
    17  taxable  year may be carried over to the following year or years and may
    18  be deducted from the taxpayer's tax for such year or years.
    19    [(e)] (h) Credit recapture. (i) Clean-fuel vehicle refueling property. 
    20  If, at any time before the end of its recovery period, clean-fuel  vehi-
    21  cle  refueling  property ceases to be qualified, a recapture amount must
    22  be added back in the year in which such cessation occurs.
    23    [(ii)] (A) Clean-fuel vehicle refueling property ceases to  be  quali-
    24  fied if:
    25    [(A)]  (1)  the  property no longer qualifies as property described in
    26  subsection (d) of section one hundred  seventy-nine-A  of  the  internal
    27  revenue code; or
    28    [(B)]  (2) fifty percent or more of the use of the property in a taxa-
    29  ble year is other than in a trade or business in this state; or
    30    [(C)] (3) the taxpayer receiving the  credit  under  this  subdivision
    31  sells  or  disposes of the property and knows or has reason to know that
    32  the property will be used in a manner described in clauses [(A)] one and
    33  [(B)] two of this subparagraph.
    34    [(iii)] (B) Recapture amount. The recapture amount  is  equal  to  the
    35  credit  allowable  under  this subdivision multiplied by a fraction, the
    36  numerator of which is the total recovery period for the  property  minus
    37  the  number of recovery years prior to, but not including, the recapture
    38  year, and the denominator of which is the total recovery period.
    39    (ii) If, within three full years from the  date  a  vehicle  of  which 
    40  clean-fuel  vehicle property is a part is placed in service, such clean- 
    41  fuel vehicle property ceases to be qualified, a recapture amount must be 
    42  added back in the tax year in which such cessation occurs. 
    43    (A) Clean-fuel vehicle property ceases to be qualified if 
    44    (1) the vehicle of which it is a part is modified by the  taxpayer  so 
    45  that it may no longer be propelled by a clean-burning fuel, or 
    46    (2)  the  vehicle  otherwise  ceases to qualify as property defined in 
    47  subsection (c) of section one hundred  seventy-nine-A  of  the  internal 
    48  revenue code, or 
    49    (3)  the  taxpayer  receiving  the  credit under this section sells or 
    50  disposes of the vehicle and knows or has reason to know that the vehicle 
    51  will be used in a manner described in clauses one and two of this  para- 
    52  graph. 
    53    (B)  Recapture  amount.  The  recapture  amount is equal to the credit 
    54  allowable under this section multiplied by: 
        S. 6460                            64                            A. 9560

     1    (1) one hundred percent, if  the  cessation  of  qualification  occurs 
     2  within  the  first  full  year  after  the date the vehicle is placed in 
     3  service, 
     4    (2)  sixty-six  and two-thirds percent, if the cessation of qualifica- 
     5  tion occurs within the second full year after the date  the  vehicle  is 
     6  placed in service, or 
     7    (3) thirty-three and one-third percent, if the cessation of qualifica- 
     8  tion  occurs  within  the  third full year after the date the vehicle is 
     9  placed in service. 
    10    (iii) Vehicles. If, within three full years from the date a  qualified 
    11  hybrid vehicle is placed in service, such qualified hybrid vehicle ceas- 
    12  es  to  be  qualified,  a recapture amount must be added back in the tax 
    13  year in which such cessation occurs. 
    14    (A) Cessation of qualification. A qualified hybrid vehicle  ceases  to 
    15  be qualified if 
    16    (1)  it  is  modified  by  the taxpayer so that it no longer meets the 
    17  requirements of a qualified hybrid vehicle as  defined  in  subparagraph 
    18  (D)  of  paragraph  six  of subsection (p) of section six hundred six of 
    19  this chapter, or 
    20    (2) the taxpayer receiving the credit  under  this  section  sells  or 
    21  disposes of the vehicle and knows or has reason to know that the vehicle 
    22  will be so modified. 
    23    (B)  Recapture  Amount.  The  recapture  amount is equal to the credit 
    24  allowable under this section multiplied by: 
    25    (1) one hundred percent, if  the  cessation  of  qualification  occurs 
    26  within  the  first  full  year  after  the date the vehicle is placed in 
    27  service, 
    28    (2) sixty-six and two-thirds percent, if the cessation  of  qualifica- 
    29  tion  occurs  within  the second full year after the date the vehicle is 
    30  placed in service, or 
    31    (3) thirty-three and one-third percent, if the cessation of qualifica- 
    32  tion occurs within the third full year after the  date  the  vehicle  is 
    33  placed in service. 
    34    [(f)]  (i)  Affiliates.  (i)  If  a  credit  under this subdivision is
    35  allowed to a taxpayer with respect to a taxable year, the  action  taken
    36  by  such  taxpayer  which  resulted in such credit being allowed thereto
    37  may, at the election of  the  taxpayer  and  an  affiliate  thereof,  be
    38  ascribed  to such affiliate. Where such affiliate, based on such ascrip-
    39  tion, is allowed such credit and deducts from the tax otherwise due  the
    40  amount  of  such  credit, such credit shall be deemed in all respects to
    41  have been allowed  to  such  affiliate,  provided  that  any  action  or
    42  inaction  by  the  taxpayer  which  constitutes  an  event  of recapture
    43  described in paragraph [(e)] (h) of this subdivision shall  be  ascribed
    44  to the affiliate and shall constitute an event of recapture with respect
    45  to the credit allowed to the affiliate pursuant to this subdivision.
    46    (ii)  Notwithstanding  any  other provision of law to the contrary, in
    47  the case of the credit provided for under this subdivision being allowed
    48  to, or asserted to be allowed to, an affiliate, pursuant to subparagraph
    49  (i) of this paragraph, the commissioner shall have the same powers  with
    50  respect  to  examining  the  books and records of the taxpayer, and have
    51  such other powers of investigation with respect to the taxpayer, as  are
    52  afforded  under  this  chapter  with  respect  to  a  taxpayer which has
    53  deducted the credit allowed under this section from tax  otherwise  due,
    54  as  if  it  were  the  taxpayer  which had deducted such credit from tax
    55  otherwise due.
        S. 6460                            65                            A. 9560

     1    (iii) The term "affiliate" shall mean a corporation substantially  all
     2  the  capital  stock  of  which is owned or controlled either directly or
     3  indirectly by the taxpayer, or which owns or controls either directly or
     4  indirectly substantially all the  capital  stock  of  the  taxpayer,  or
     5  substantially  all  the  capital  stock  of which is owned or controlled
     6  either directly or indirectly by interests which own or  control  either
     7  directly  or  indirectly  substantially  all  the  capital  stock of the
     8  taxpayer.
     9    (j) Termination. The credits allowed by paragraphs (b), (c),  and  (d) 
    10  of  this  subdivision  shall  not apply to property placed in service in 
    11  taxable years beginning after December thirty-first, two thousand eight. 
    12  The credit allowed by paragraph (e) of this subdivision shall not  apply 
    13  in  taxable  years  beginning  after December thirty-first, two thousand 
    14  ten. 
    15    § 3. Subsection (p) of section 606 of the tax law, as added by section
    16  129 of part A of chapter 389  of  the  laws  of  1997,  paragraph  1  as
    17  amended,  paragraphs  7  and  8 as renumbered and clause (i) and (ii) of
    18  subparagraph (A) of paragraph 8 as amended by chapter 597 of the laws of
    19  2002 and paragraphs 3, 4, 5, 6 and 9 as amended by section 4 of  part  D
    20  of chapter 60 of the laws of 2004, is amended as follows:
    21    (p)  Alternative  fuels  credit.    (1)  General.  A taxpayer shall be
    22  allowed a credit, to be computed as hereinafter  provided,  against  the
    23  tax imposed by this article, for [electric vehicles,] clean-fuel vehicle
    24  property,  clean-fuel  vehicle  refueling  property and qualified hybrid
    25  vehicles placed in service during the  taxable  year,  and  for  biofuel 
    26  production .  [Provided,  however,  that  the credit provided for by this 
    27  subsection with respect to electric vehicles shall not be allowed  to  a 
    28  gas  corporation  or  an electric corporation as defined in subdivisions 
    29  eleven and thirteen, respectively, of section two of the public  service 
    30  law,  or  a  gas and electric corporation as described in section sixty- 
    31  four of the public service law, where such corporation is subject to the 
    32  supervision of the department of public service. 
    33    (2) Electric vehicles. The credit under this subsection  for  electric 
    34  vehicles  shall  equal fifty percent of the incremental cost of any such 
    35  vehicle 
    36    (A) which is registered in this state and 
    37    (B) for which a credit is allowed under section thirty of the internal 
    38  revenue code (determined without regard to the limitations prescribed in 
    39  subsection (b) or the elections prescribed in  subsection  (d)  of  such 
    40  section,  including  the  election  with  respect to section one hundred 
    41  seventy-nine of such code), 
    42    (C) provided, however, the credit with respect  to  any  such  vehicle 
    43  shall not exceed five thousand dollars.]
    44    [(3)]   (2)   Clean-fuel  vehicle  property.  The  credit  under  this
    45  subsection for clean-fuel vehicle property shall equal sixty percent  of
    46  the cost of any such property
    47    (A)  for which a deduction is allowed under section one hundred seven-
    48  ty-nine-A of the internal revenue code (determined without regard to the
    49  limitations prescribed in  paragraph  one  of  subsection  (b)  of  such
    50  section  or  the  election referred to in subsection (e) of such section
    51  with respect to section one hundred seventy-nine of such code), but  not
    52  including  clean-fuel  vehicle  property  relating to a qualified hybrid
    53  vehicle as such vehicle is defined in subparagraph [(E)]  (D)  of  para-
    54  graph six of this subsection and
    55    (B)  which  is installed in or manufactured as part of a motor vehicle
    56  which is registered in this state,
        S. 6460                            66                            A. 9560

     1    (C) provided, however, the credit with respect  to  any  such  vehicle
     2  shall  not  exceed five thousand dollars per vehicle for vehicles with a
     3  gross vehicle weight rating of fourteen thousand pounds or less and  ten
     4  thousand dollars per vehicle for all other vehicles.
     5    [(4)] (3) Clean-fuel vehicle refueling property. The credit under this
     6  subsection  for  clean-fuel vehicle refueling property shall equal fifty
     7  percent of the cost of any such property
     8    (A) which is located in this state and
     9    (B) for which a deduction is allowed under section one hundred  seven-
    10  ty-nine-A of the internal revenue code (determined without regard to the
    11  limitations  prescribed  in  paragraph  two  of  subsection  (b) of such
    12  section or the election referred to in subsection (e)  of  such  section
    13  with  respect to section one hundred seventy-nine of such code), but not
    14  including clean-fuel vehicle refueling property relating to a  qualified
    15  hybrid  vehicle  as such vehicle is defined in subparagraph [(E)] (D) of
    16  paragraph six of this subsection.
    17    [(5)] (4) Qualified hybrid vehicle. The credit under  this  subsection
    18  for qualified hybrid vehicles shall equal two thousand dollars per vehi-
    19  cle registered in this state.
    20    (5)  Biofuel  production. The credit under this subsection for biofuel 
    21  production for each gallon of biofuel produced  by  the  taxpayer  at  a 
    22  biofuel  plant  on  or after January first, two thousand six shall equal 
    23  twenty cents per gallon for the first twenty  million  gallons  produced 
    24  during  the  taxable year and ten cents per gallon after the first forty 
    25  thousand gallons produced during the taxable year  for  production  over 
    26  twenty  million gallons. The credit under this paragraph will be limited 
    27  to one million dollars per taxpayer per taxable year per biofuel plant. 
    28    (6) Definitions. (A) [The term "electric vehicle"  means  a  qualified 
    29  electric  vehicle within the meaning of subsection (c) of section thirty 
    30  of the internal revenue code. 
    31    (B)] The terms "clean-fuel vehicle property" and  "clean-fuel  vehicle
    32  refueling property" mean any such property which is qualified within the
    33  meaning of subsections (c) and (d), respectively, of section one hundred
    34  seventy-nine-A  of  the  internal revenue code, but such terms shall not
    35  include clean-fuel vehicle  property  or  clean-fuel  vehicle  refueling
    36  property  relating  to  a  qualified  hybrid  vehicle as such vehicle is
    37  defined in subparagraph (E) of this paragraph.
    38    [(C)] (B) The term "clean-fuel" means natural gas, liquefied petroleum
    39  gas, hydrogen, electricity, and any other fuel which is at least  eight-
    40  y-five  percent,  singly or in combination, methanol, ethanol, any other
    41  alcohol, or ether.
    42    [(D) The term "incremental cost" shall mean the excess of the cost  of 
    43  an electric vehicle over the cost of a gasoline-powered vehicle which is 
    44  similar in size and style.]
    45    (C) The term "biofuel" shall include biodiesel, ethanol and cellulosic 
    46  ethanol. (i) The term "biodiesel" shall mean a fuel comprised exclusive- 
    47  ly of mono-alkyl esters of long chain fatty acids derived from vegetable 
    48  oils  or animal fats, designated B100, which meets the specifications of 
    49  American Society of Testing and Materials designation D6751-02. (ii) The 
    50  term "ethanol" shall mean  ethyl  alcohol  manufactured  in  the  United 
    51  States and its territories and sold: 
    52    (I) for fuel use and which has been rendered unfit for beverage use in 
    53  a  manner,  and which is produced at a facility, approved by the federal 
    54  bureau of alcohol, tobacco and firearms for the  production  of  ethanol 
    55  for fuel, or 
        S. 6460                            67                            A. 9560

     1    (II) as denatured ethanol used by blenders and refiners which has been 
     2  rendered unfit for beverage use. 
     3    (iii) The term "cellulosic ethanol" shall mean ethanol manufactured in 
     4  the United States and its territories from cellulosic feedstocks includ- 
     5  ing  agricultural  residue, dedicated energy crops, municipal wastes and 
     6  forest residue. 
     7    [(E)] (D) The term "qualified hybrid vehicle" means a  motor  vehicle,
     8  as defined in section one hundred twenty-five of the vehicle and traffic
     9  law, [other than an electric vehicle (as such term is defined in subpar- 
    10  agraph (A) of this paragraph)], that:
    11    (i) draws propulsion energy from both
    12    (a)  an internal combustion engine (or heat engine that uses combusti-
    13  ble fuel); and
    14    (b) an energy storage device; and
    15    (ii) employs a regenerative vehicle braking system that recovers waste
    16  energy to charge such energy storage device.
    17    (7)  Carryovers.  If  the  amount  of  credit  allowable  under   this
    18  subsection shall exceed the taxpayer's tax for such year, the excess may
    19  be  carried over to the following year or years and may be deducted from
    20  the taxpayer's tax for such year or years.
    21    (8) Credit recapture. (A) Vehicles.
    22    (i) If, within three full years from the date [an electric vehicle,] a 
    23  qualified hybrid vehicle or a vehicle of which clean-fuel vehicle  prop-
    24  erty  is a part is placed in service, such [electric vehicle,] qualified
    25  hybrid vehicle or clean-fuel vehicle property ceases to be qualified,  a
    26  recapture amount must be added back in the tax year in which such cessa-
    27  tion occurs.
    28    (ii) Cessation of qualification. (I) [An electric vehicle ceases to be 
    29  qualified if 
    30    (a)  it  is  modified  by the taxpayer so that it no longer is powered 
    31  primarily by electricity, or 
    32    (b) the taxpayer receiving the credit under this subsection  sells  or 
    33  disposes of the vehicle and knows or has reason to know that the vehicle 
    34  will be so modified. 
    35    (II)] A qualified hybrid vehicle ceases to be qualified if
    36    (a)  it  is  modified  by  the taxpayer so that it no longer meets the
    37  requirements of a qualified hybrid vehicle as  defined  in  subparagraph
    38  [(E)] (D) of paragraph six of this subsection.
    39    (b)  the  taxpayer receiving the credit under this subsection sells or
    40  disposes of the vehicle and knows or has reason to know that the vehicle
    41  will be so modified.
    42    [(III)] (II) Clean-fuel vehicle property ceases to be qualified if
    43    (a) the vehicle of which it is a part is modified by the  taxpayer  so
    44  that it may no longer be propelled by a clean-burning fuel, or
    45    (b)  the  vehicle  otherwise  ceases to qualify as property defined in
    46  subsection (c) of section one hundred  seventy-nine-A  of  the  internal
    47  revenue code, or
    48    (c)  the  taxpayer receiving the credit under this subsection sells or
    49  disposes of the vehicle and knows or has reason to know that the vehicle
    50  will be used in a manner described in subclause (a) or (b) of this item.
    51    (iii) Recapture amount. The recapture amount is equal  to  the  credit
    52  allowable under this subsection multiplied by:
    53    (I)  one  hundred  percent,  if  the cessation of qualification occurs
    54  within the first full year after the  date  the  vehicle  is  placed  in
    55  service,
        S. 6460                            68                            A. 9560

     1    (II)  sixty-six and two-thirds percent, if the cessation of qualifica-
     2  tion occurs within the second full year after the date  the  vehicle  is
     3  placed in service, or
     4    (III)  thirty-three  and one-third percent, if the cessation of quali-
     5  fication occurs within the third full year after the date the vehicle is
     6  placed in service.
     7    (B) Clean-fuel vehicle refueling property. (i) If, at any time  before
     8  the  end  of  its recovery period, clean-fuel vehicle refueling property
     9  ceases to be qualified, a recapture amount must be  added  back  in  the
    10  year in which such cessation occurs.
    11    (ii) Cessation of qualification. Clean-fuel vehicle refueling property
    12  ceases to be qualified if
    13    (I)  the  property  no  longer  qualifies  as  property  described  in
    14  subsection (d) of section one hundred  seventy-nine-A  of  the  internal
    15  revenue code, or
    16    (II)  fifty  percent  or  more of the use of the property in a taxable
    17  year is other than in a trade or business in this state, or
    18    (III) the taxpayer receiving the credit under this subsection sells or
    19  disposes of the property and knows or has reason to know that the  prop-
    20  erty  will  be  used  in  a manner described in item (I) or (II) of this
    21  clause.
    22    (iii) Recapture amount. The recapture amount is equal  to  the  credit
    23  allowable  under this subsection multiplied by a fraction, the numerator
    24  of which is the total recovery period for the property minus the  number
    25  of  recovery  years prior to, but not including, the recapture year, and
    26  the denominator of which is the total recovery period.
    27    (9) Termination. [This subsection] The credits allowed  by  paragraphs 
    28  two,  three  and  four  of  this  subsection shall not apply to property
    29  placed in service in taxable  years  beginning  after  December  thirty-
    30  first,  two  thousand [four] eight. The credit allowed by paragraph five 
    31  of this subsection shall not apply  in  taxable  years  beginning  after 
    32  December thirty-first, two thousand ten .
    33    § 4. This act shall take effect immediately and shall apply to taxable
    34  years beginning on or after January 1, 2006.

    35                                   PART V

    36  Section  1.  Section  282  of  the tax law is amended by adding four new
    37  subdivisions 22, 23, 24 and 25 to read as follows:
    38    22. "E85" means a mixture consisting by volume of eighty-five  percent 
    39  ethanol and the remainder of which is motor fuel. 
    40    23. "B20" means a mixture consisting by volume of twenty percent biod- 
    41  iesel  and  the remainder of which is diesel motor fuel. For purposes of 
    42  this subdivision "biodiesel" shall mean a diesel motor  fuel  substitute 
    43  produced  from nonpetroleum renewable resources that meets the registra- 
    44  tion requirements for fuels and fuel additives established by the  Envi- 
    45  ronmental  Protection  Agency under section 211 of the Clean Air Act (42 
    46  U.S.C.  7545) and that meets the American Society for Testing and  Mate- 
    47  rials  D6751-02a  Standard Specification for Biodiesel Fuel (B100) Blend 
    48  Stock for Distillate Fuels. 
    49    24. "CNG" means fuel comprised primarily of methane, stored in  either 
    50  a  gaseous  or  liquid  state,  suitable  for use and consumption in the 
    51  engine of a motor vehicle. 
    52    25. "Hydrogen" means fuel comprised primarily of  molecular  hydrogen, 
    53  stored  in  either  a  gaseous  or  liquid  state,  suitable for use and 
    54  consumption in the engine of a motor vehicle. 
        S. 6460                            69                            A. 9560

     1    § 2. Subdivision 1-a of section 289-c of the tax  law  is  amended  by
     2  adding a new paragraph (d) to read as follows:
     3    (d)(i)  Any  person may exclude the amount of the tax or taxes imposed 
     4  by this article on E85 from the  selling  price  thereof  where  E85  is 
     5  delivered  to  a  filling  station  and placed in a storage tank of such 
     6  filling station for such E85 to be dispensed directly into a motor vehi- 
     7  cle for use in the operation of such vehicle. Any person making  a  sale 
     8  of  E85  under  the  circumstances  described herein, whereby the tax or 
     9  taxes otherwise imposed by this article have not been passed through  to 
    10  the  purchaser, shall be allowed a refund or credit of the taxes imposed 
    11  by this article in the amount of such tax or taxes paid by  such  person 
    12  on  such E85 being sold or included in the price paid by such person for 
    13  such fuel. Claims for refunds or credits shall be presented, and refunds 
    14  or credits shall be made, only as authorized by the  commissioner  under 
    15  such rules and regulations as the commissioner may prescribe. 
    16    (ii) Any person may exclude twenty percent of the amount of the tax or 
    17  taxes imposed by this article from the selling price with respect to any 
    18  sale of B20. Any person making a sale of B20 upon which such person does 
    19  not  pass  on more than eighty percent of the taxes otherwise imposed by 
    20  this article, where such person has purchased such B20 with  the  entire 
    21  amount  of  the  taxes imposed by this article included in such person's 
    22  purchase price, shall be entitled to a refund or  credit  equal  to  the 
    23  amount of the tax or taxes paid under this article on such B20 in excess 
    24  of  eighty percent of the tax or taxes imposed by this article on diesel 
    25  motor fuel. Claims for  refunds  or  credits  shall  be  presented,  and 
    26  refunds or credits shall be made, only as authorized by the commissioner 
    27  under such rules and regulations as the commissioner may prescribe. 
    28    (iii) Any person may exclude the amount of the tax or taxes imposed by 
    29  this  article  on  CNG  or  hydrogen from the selling price thereof. Any 
    30  person making a sale of CNG or hydrogen, whereby the tax or taxes other- 
    31  wise imposed by this  article  have  not  been  passed  through  to  the 
    32  purchaser,  shall  be allowed a refund or credit of any taxes imposed by 
    33  this article in the amount of such tax or taxes paid by such  person  on 
    34  such  CNG  or  hydrogen being sold or included in the price paid by such 
    35  person for such CNG or hydrogen. Claims for refunds or credits shall  be 
    36  presented,  and  refunds or credits shall be made, only as authorized by 
    37  the commissioner under such rules and regulations  as  the  commissioner 
    38  may prescribe. 
    39    § 3. Section 300 of the tax law is amended by adding four new subdivi-
    40  sions (o), (p), (q) and (r) to read as follows:
    41    (o) The term "E85" shall have the same meaning as in subdivision twen- 
    42  ty-two of section two hundred eighty-two of this chapter. 
    43    (p) The term "B20" shall have the same meaning as in subdivision twen- 
    44  ty-three of section two hundred eighty-two of this chapter. 
    45    (q) The term "CNG" shall have the same meaning as in subdivision twen- 
    46  ty-four of section two hundred eighty-two of this chapter. 
    47    (r)  The term "hydrogen" shall have the same meaning as in subdivision 
    48  twenty-five of section two hundred eighty-two of this chapter. 
    49    § 4. Subdivision (a) of section 301-b of the tax  law  is  amended  by
    50  adding three new paragraphs 6, 7 and 8 to read as follows:
    51    (6) E85 imported or caused to be imported into this state or produced, 
    52  refined,  manufactured  or compounded in this state by a petroleum busi- 
    53  ness registered under article twelve-A of this chapter, as a distributor 
    54  of motor fuel, and then sold by such petroleum business and delivered to 
    55  a filling station and placed in a storage tank of such  filling  station 
        S. 6460                            70                            A. 9560

     1  for  such  E85  to be dispensed directly into a motor vehicle for use in 
     2  the operation of such vehicle. 
     3    (7)(i)  Partial  B2O exemption.  B20 imported or caused to be imported 
     4  into this state or produced, refined, manufactured or compounded in this 
     5  state by a petroleum business registered under article twelve-A of  this 
     6  chapter,  as  a  distributor of diesel motor fuel, and then sold by such 
     7  petroleum business. 
     8    (ii) Calculation of partial exemption.   The  amount  of  the  partial 
     9  exemption  under  this  paragraph shall be determined by multiplying the 
    10  quantity of B20 times twenty percent of the applicable  taxes  otherwise 
    11  imposed by this article on such fuel. 
    12    (8) CNG or hydrogen. 
    13    § 5. The opening paragraph of section 301-c of the tax law, as amended
    14  by chapter 468 of the laws of 2000, is amended to read as follows:
    15    A subsequent purchaser shall be eligible for reimbursement of tax with
    16  respect  to the following gallonage, subsequently sold by such purchaser
    17  in accordance with subdivision (a), (b), (e), (h), (j) [or], (k), (n) or 
    18  (o) of this section or used by such purchaser in accordance with  subdi-
    19  vision (c), (d), (f), (g), (i), (l) or (m) of this section, which gallo-
    20  nage has been included in the measure of the tax imposed by this article
    21  on a petroleum business:
    22    §  6. Section 301-c of the tax law is amended by adding two new subdi-
    23  visions (n) and (o) to read as follows:
    24    (n) Reimbursement for E85. E85 purchased in this  state  and  sold  by 
    25  such  purchaser in this state where (1) such E85 is delivered to a fill- 
    26  ing station and placed in a storage tank of  such  filling  station  for 
    27  such  E85  to  be dispensed directly into a motor vehicle for use in the 
    28  operation of such vehicle, (2) the tax imposed pursuant to this  article 
    29  has been paid with respect to such E85 and the entire amount of such tax 
    30  has  been  absorbed  by such purchaser, and (3) such purchaser possesses 
    31  documentary  proof  satisfactory  to  the  commissioner  evidencing  the 
    32  absorption  by  it  of  the entire amount of the tax imposed pursuant to 
    33  this article. Provided, that the commissioner shall require  such  docu- 
    34  mentary proof to qualify for any reimbursement provided hereunder as the 
    35  commissioner deems appropriate. 
    36    (o)  (1)  Partial  reimbursement for B20.  B20 purchased in this state 
    37  and sold by such purchaser in this  state  where  (i)  the  tax  imposed 
    38  pursuant  to this article has been paid with respect to such B20 and the 
    39  entire amount of such tax has been absorbed by such purchaser, and  (ii) 
    40  such  purchaser  possesses documentary proof satisfactory to the commis- 
    41  sioner evidencing the absorption by it of the entire amount of  the  tax 
    42  imposed  pursuant to this article. Provided, that the commissioner shall 
    43  require such documentary proof to qualify for any reimbursement provided 
    44  hereunder as the commissioner deems appropriate. 
    45    (2)  Calculation  of  partial  reimbursement.    The  amount  of   the 
    46  reimbursement  under this subdivision shall be determined by multiplying 
    47  the quantity of B20 times twenty percent of the applicable taxes  other- 
    48  wise imposed by this article on such fuel. 
    49    §  7.  Subdivision  (b)  of  section 1101 of the tax law is amended by
    50  adding four new paragraphs 29, 30, 31 and 32 to read as follows:
    51    (29) "E85" shall have the same meaning as in subdivision twenty-two of 
    52  section two hundred eighty-two of this chapter. 
    53    (30) "B20" shall have the same meaning as in subdivision  twenty-three 
    54  of section two hundred eighty-two of this chapter. 
    55    (31)  "CNG"  shall have the same meaning as in subdivision twenty-four 
    56  of section two hundred eighty-two of this chapter. 
        S. 6460                            71                            A. 9560

     1    (32) "Hydrogen" shall have the same meaning as in subdivision  twenty- 
     2  five of section two hundred eighty-two of this chapter. 
     3    § 8. Paragraph 1 of subdivision (a) of section 1102 of the tax law, as
     4  amended  by  chapter  261  of  the  laws  of 1988, is amended to read as
     5  follows:
     6    (1) Every distributor of motor fuel shall  pay,  as  a  prepayment  on
     7  account of the taxes imposed by this article and pursuant to the author-
     8  ity  of  article  twenty-nine  of  this chapter, a tax on each gallon of
     9  motor fuel (i) which he imports or causes to be imported into this state
    10  for use, distribution,  storage  or  sale  in  the  state  or  produces,
    11  refines,  manufactures or compounds in this state or (ii) if the tax has
    12  not been imposed prior to its sale in this state, which he sells  (which
    13  acts shall in regard to motor fuel hereinafter in this article be encom-
    14  passed  by  the  phrase  "imported,  manufactured or sold"), except when
    15  imported, manufactured or sold under circumstances  which  preclude  the
    16  collection  of  such tax by reason of the United States constitution and
    17  of the laws of the  United  States  enacted  pursuant  thereto  or  when
    18  imported  or  manufactured by an organization described in paragraph one
    19  or two of subdivision (a) of section  eleven  hundred  sixteen  of  this
    20  article  or  a hospital included in the organizations described in para-
    21  graph four of such subdivision for  its  own  use  and  consumption  and
    22  except  kero-jet  fuel  when  imported  by  an  airline  for  use in its
    23  airplanes, and except CNG, and except  hydrogen,  and  except  E85  when 
    24  delivered  to  a  filling  station  and placed in a storage tank of such 
    25  filling station for such E85 to be dispensed directly into a motor vehi- 
    26  cle for use in the operation of such vehicle .
    27    § 9. Paragraph 2 of subdivision (a) of section 1102 of the tax law, as
    28  amended by chapter 261 of the laws  of  1988,  is  amended  to  read  as
    29  follows:
    30    (2)  Every distributor of diesel motor fuel shall pay, as a prepayment
    31  on account of the taxes imposed by this  article  and  pursuant  to  the
    32  authority of article twenty-nine of this chapter, a tax upon the sale or
    33  use  of diesel motor fuel in this state. The tax shall be computed based
    34  upon the number of gallons of diesel motor fuel sold or used.  Provided,
    35  however,  if  the  tax  has  not been imposed prior thereto, it shall be
    36  imposed on the delivery  of  diesel  motor  fuel  to  a  retail  service
    37  station.  The collection of such tax shall not be made applicable to the
    38  sale or use of diesel motor fuel under circumstances which preclude  the
    39  collection  of  such tax by reason of the United States constitution and
    40  of laws of the United States enacted pursuant thereto. The  prepaid  tax
    41  on  diesel  motor fuel shall not apply to the sale of previously untaxed
    42  diesel motor fuel which is not enhanced Diesel motor fuel  to  a  person
    43  registered  as  a  distributor of Diesel motor fuel other than a sale to
    44  such person which involves a delivery at a filling  station  or  into  a
    45  repository  which  is  equipped  with a hose or other apparatus by which
    46  such fuel can be dispensed into the fuel tank of a motor vehicle or  the
    47  sale  to  or  delivery  at  a  filling station or other retail vendor of
    48  water-white kerosene provided  such  filling  station  or  other  retail
    49  vendor  only  sells  such  water-white  kerosene exclusively for heating
    50  purposes in containers of no more than twenty gallons or to the sale  of 
    51  CNG or hydrogen .
    52    §  10. Section 1111 of the tax law is amended by adding a new subdivi-
    53  sion (m) to read as follows:
    54    (m) The sales tax imposed under  subdivision  (a)  of  section  eleven 
    55  hundred  five  and the compensating use tax imposed under section eleven 
    56  hundred ten of this article, when computed with respect to B20, shall be 
        S. 6460                            72                            A. 9560

     1  computed on eighty percent of the receipts  or  consideration  given  or 
     2  contracted  to  be given for, or for the use of, B20 by the purchaser or 
     3  user. 
     4    §  11.  Subdivision  (a)  of section 1115 of the tax law is amended by
     5  adding a new paragraph 42 to read as follows:
     6    (42) E85, CNG or hydrogen, for use in the operation of a  motor  vehi- 
     7  cle. 
     8    §  12.  Subdivision  (j) of section 1115 of the tax law, as amended by
     9  section 8 of part B of chapter 63 of the laws of  2000,  is  amended  to
    10  read as follows:
    11    (j) The exemptions provided in this section shall not apply to the tax
    12  required  to  be  prepaid  pursuant  to the provisions of section eleven
    13  hundred two of this article nor to the taxes imposed by sections  eleven
    14  hundred  five  and  eleven  hundred  ten of this article with respect to
    15  receipts from sales and uses of motor fuel or diesel motor fuel,  except
    16  that  the [exemption] exemptions provided in [paragraph] paragraphs nine
    17  and forty-two of subdivision (a) of this section shall apply to the  tax
    18  required  to  be  prepaid  pursuant  to the provisions of section eleven
    19  hundred two of this article and to the taxes imposed by sections  eleven
    20  hundred  five  and  eleven  hundred  ten of this article with respect to
    21  sales and uses of kero-jet fuel, CNG, hydrogen and E85, provided, howev- 
    22  er, the exemption allowed for E85 shall be  subject  to  the  additional 
    23  requirements provided in section eleven hundred two of this article with 
    24  respect  to  E85 .  The  exemption  provided  in  subdivision (c) of this
    25  section shall apply to sales and uses of diesel motor fuel which is  not
    26  enhanced  diesel  motor  fuel  but  only if all of such fuel is consumed
    27  other than on the  highways  of  this  state,  provided,  however,  this
    28  exemption  shall  in no event apply to a sale of diesel motor fuel which
    29  involves a delivery at a filling station or into a repository  which  is
    30  equipped  with  a  hose  or  other  apparatus  by which such fuel can be
    31  dispensed into the fuel tank of a motor vehicle. The exemption  provided
    32  in  subdivision  (c) of this section shall apply to sales and uses of no
    33  more than four thousand five hundred gallons of diesel motor fuel  in  a
    34  thirty-day  period  for  use or consumption either in the production for
    35  sale of tangible personal property by farming or in a  commercial  horse
    36  boarding  operation, or in both but only if all of such fuel is consumed
    37  other than on the highways of this state (except  for  the  use  of  the
    38  highways to reach adjacent farmlands or adjacent lands used in a commer-
    39  cial  horse  boarding  operation,  or  both),  provided,  however,  such
    40  exemption shall be applicable to the sale or use of more than four thou-
    41  sand five hundred gallons of diesel motor fuel in  a  thirty-day  period
    42  for  such  use or consumption in accordance with a prior clearance given
    43  by the commissioner.
    44    § 13. The commissioner of environmental conservation, after consulting
    45  with the New York state energy research and  development  authority,  is
    46  hereby authorized to promulgate and adopt regulations identifying renew-
    47  able or other alternative fuels, which may be marketed in the future for
    48  use in the operation of a motor vehicle and which are in addition to the
    49  renewable  and other alternative fuels already exempt under the tax law.
    50  In promulgating such  regulations,  the  commissioner  of  environmental
    51  conservation  shall take into consideration such factors as the environ-
    52  mental benefits which would be derived from the use of such fuel and the
    53  need to lessen the state's dependency on foreign  oil.  After  any  such
    54  regulations  are promulgated and adopted by the commissioner of environ-
    55  mental conservation, the commissioner of taxation and finance is  hereby
    56  authorized  to  promulgate  and  adopt  regulations  necessary  for  the
        S. 6460                            73                            A. 9560

     1  exemption, reimbursement, refund or credit, or some combination thereof,
     2  for the use in the operation of a motor vehicle  of  such  renewable  or
     3  other alternative fuels set forth in such regulations of the commission-
     4  er  of environmental conservation, from the taxes imposed under articles
     5  twelve-a, thirteen-a, twenty-one-a, twenty-eight and twenty-nine of  the
     6  tax law.
     7    §  14.  This act shall take effect on June 1, 2006, and shall apply to
     8  sales made, fuel compounded or manufactured, and uses  occurring  on  or
     9  after  such  date,  and with respect to sections seven through eleven of
    10  this act, in accordance  with  applicable  transactional  provisions  of
    11  sections  1106  and  1217  of  the  tax law; provided, however, that the
    12  commissioner of taxation and finance shall be authorized  on  and  after
    13  the  date  this act shall have become a law to adopt and amend any rules
    14  or regulations  and  to  take  any  steps  necessary  to  implement  the
    15  provisions of this act.

    16                                   PART W

    17  Section  1. Paragraph 1 of subdivision (a) of section 21 of the tax law,
    18  as amended by section 1 of part H of chapter 577 of the laws of 2004, is
    19  amended to read as follows:
    20    (1) General. A taxpayer subject to tax  under  article  nine,  nine-A,
    21  twenty-two,  thirty-two or thirty-three of this chapter shall be allowed
    22  a credit against such tax, pursuant  to  the  provisions  referenced  in
    23  subdivision [(f)] (g) of this section. Such credit shall be allowed with
    24  respect to a qualified site, as such term is defined in paragraph one of
    25  subdivision  (b)  of this section. The amount of the credit in a taxable
    26  year shall be the sum of the credit components specified  in  paragraphs
    27  two, three and four of this subdivision applicable in such year.
    28    § 2. Subdivision (f) of section 21 of the tax law, as added by section
    29  1  of part H of chapter 1 of the laws of 2003, is relettered subdivision
    30  (g), and a new subdivision (f) is added to read as follows:
    31    (f) A taxpayer shall not be eligible for the tangible property  credit 
    32  component  described  in  paragraph  three  of  subdivision  (a) of this 
    33  section, with respect to each qualified site located in whole or in part 
    34  in the area of New York county bounded on the north  by  the  centerline 
    35  running  through  Ninety-Sixth  Street from the Henry Hudson Parkway and 
    36  then running east to the East River Drive, and on the south  by  a  line 
    37  running  from  the  intersection  of  the  Hudson River with the Holland 
    38  Tunnel, and running thence east to Canal Street, then running along  the 
    39  centerline  of  Canal Street to the intersection of the Bowery and Canal 
    40  Street, running thence in a southeasterly  direction  diagonally  across 
    41  Manhattan Bridge Plaza, to the Manhattan Bridge. 
    42    §  3.  Paragraph 1 of subdivision (b) of section 22 of the tax law, as
    43  amended by section 4 of part H of chapter 577 of the laws  of  2004,  is
    44  amended to read as follows:
    45    (1)  Allowance of credit. A developer of a qualified site who or which
    46  is subject to tax under article nine, nine-A, twenty-two, thirty-two  or
    47  thirty-three  of  this  chapter,  shall be allowed a credit against such
    48  tax, pursuant to the provisions referenced in paragraph  [nine]  ten  of
    49  this subdivision, for eligible real property taxes imposed on such site.
    50    §  4.  Paragraphs  8 and 9 of subdivision (b) of section 22 of the tax
    51  law are renumbered paragraphs 9 and 10, and a new paragraph 8  is  added
    52  to read as follows:
    53    (8)  A  taxpayer  shall  not be eligible for the remediated brownfield 
    54  credit for real property  taxes  described  in  this  subdivision,  with 
        S. 6460                            74                            A. 9560

     1  respect  to  each qualified site located in whole or in part in the area 
     2  of New York county bounded  on  the  north  by  the  centerline  running 
     3  through  Ninety-Sixth  Street  from  the  Henry  Hudson Parkway and then 
     4  running east to the East River Drive, and on the south by a line running 
     5  from  the  intersection of the Hudson River with the Holland Tunnel, and 
     6  running thence east to Canal Street, then running along  the  centerline 
     7  of  Canal  Street  to  the  intersection of the Bowery and Canal Street, 
     8  running thence in a southeasterly direction diagonally across  Manhattan 
     9  Bridge Plaza, to the Manhattan Bridge. 
    10    §  5.  This  act  shall  take  effect immediately and shall apply with
    11  respect to: (i) any credit which may be allowed at a  later  date  which
    12  relates  to  a  request  submitted  to  the  department of environmental
    13  conservation to participate in the brownfield cleanup  program  pursuant
    14  to section 27-1407 of the environmental conservation law, (ii) eligibil-
    15  ity for the credit described in subdivision (b) of section 22 of the tax
    16  law  based  on  the purchase or conveyance of a qualified site, or (iii)
    17  eligibility for the credit described in paragraph 3 of  subdivision  (a)
    18  of section 21 of the tax law or subdivision (b) of section 22 of the tax
    19  law  based  on  the  transfer of a certificate of completion pursuant to
    20  subdivision 5 of section 27-1419 of the environmental conservation  law,
    21  where  such  submission  of  a  request to participate, such purchase or
    22  conveyance of a qualified site or such  transfer  of  a  certificate  of
    23  completion occurs on or after February 1, 2006.

    24                                   PART X

    25  Section  1.  Section  606  of  the  tax  law  is amended by adding a new
    26  subsection (jj) to read as follows:
    27    (jj) Historic homeownership  rehabilitation  credit.  (1)  A  taxpayer 
    28  shall  be  allowed  a  credit,  to  be computed as hereinafter provided, 
    29  against the tax imposed by this article. The amount of the credit  shall 
    30  be equal to either fifteen or twenty-five percent of the qualified reha- 
    31  bilitation expenditures made by the taxpayer with respect to a qualified 
    32  historic  home and may be allowed in the taxable year in which the final 
    33  certification step of the certified rehabilitation is completed. 
    34    (A) A credit in the amount of fifteen percent  shall  be  allowed  for 
    35  qualified rehabilitation expenditures if only the exterior work has been 
    36  approved  by a local landmark commission established pursuant to section 
    37  ninety-six-a or one hundred nineteen-dd of the general municipal law  or 
    38  by the office of parks, recreation and historic preservation. 
    39    (B) A credit in the amount of twenty-five percent shall be allowed for 
    40  qualified  rehabilitation  expenditures  that  have been approved by the 
    41  office of parks, recreation and historic  preservation  or  by  a  local 
    42  government  certified  pursuant  to  section  101(c)(1)  of the national 
    43  historic preservation act. Under this subparagraph, approval  is  neces- 
    44  sary  for  the qualified rehabilitation expenditures related to both the 
    45  exterior work on the qualified historic home and interior work affecting 
    46  primary significant historic spaces of the qualified historic home. 
    47    (C) With respect to any  particular  residence  of  a  taxpayer,  that 
    48  taxpayer shall be allowed either the credit provided for in subparagraph 
    49  (A) or (B) of this paragraph, but not both credits. 
    50    (2)  (A)  With  respect to any particular residence of a taxpayer, the 
    51  credit allowed under either subparagraph (A) or (B) of paragraph one  of 
    52  this  subsection shall not exceed fifty thousand dollars. In the case of 
    53  a husband and wife, the amount of the credit shall  be  divided  between 
    54  them  equally  or  in  such  other  manner as they may both elect.  If a 
        S. 6460                            75                            A. 9560

     1  taxpayer incurs qualified rehabilitation  expenditures  in  relation  to 
     2  more  than  one  residence  in the same year, the total amount of credit 
     3  allowed under either subparagraph (A) or (B) of paragraph  one  of  this 
     4  subsection  for  all  such  expenditures shall not exceed fifty thousand 
     5  dollars. 
     6    (B) If the credit allowed under either  subparagraph  (A)  or  (B)  of 
     7  paragraph  one  of  this  subsection  for  any  taxable year exceeds the 
     8  taxpayer's tax for such year and the taxpayer's New York adjusted  gross 
     9  income  for  such year does not exceed one hundred thousand dollars, the 
    10  excess credit shall be treated as an overpayment of tax to  be  credited 
    11  or  refunded  in  accordance  with the provisions of section six hundred 
    12  eighty-six of this article, provided, however, that no interest shall be 
    13  paid thereon. If the taxpayer's New York adjusted gross income for  such 
    14  year  exceeds  one  hundred  thousand  dollars, the excess credit may be 
    15  carried over to the following year or years and may be deducted from the 
    16  taxpayer's tax for such year or years. 
    17    (3)(A) The term  "qualified  rehabilitation  expenditure"  means,  for 
    18  purposes of this subsection, any amount properly chargeable to a capital 
    19  account: 
    20    (i)  in  connection  with  the certified rehabilitation of a qualified 
    21  historic home, and 
    22    (ii) for property for which  depreciation  would  be  allowable  under 
    23  section  168 of the internal revenue code if the qualified historic home 
    24  were used in a trade or business. 
    25    (B) Such term shall not include (i) the cost of acquiring any building 
    26  or interest therein, (ii) any expenditure attributable to  the  enlarge- 
    27  ment  of  an  existing  building, or (iii) any expenditure made prior to 
    28  January first, two thousand six. 
    29    (C) Such term shall not include any expenditure in connection with the 
    30  rehabilitation of a qualified historic home unless at least five percent 
    31  of the total expenditures made in the rehabilitation process are alloca- 
    32  ble to the rehabilitation of the exterior of such building. 
    33    (D) If only a portion of a building is used  as  a  residence  of  the 
    34  taxpayer,  only qualified rehabilitation expenditures which are properly 
    35  allocable to such residential portion shall be taken into account  under 
    36  this subsection. 
    37    (4)(A) The term "certified rehabilitation" means, for purposes of this 
    38  subsection,  any  rehabilitation of a certified historic structure which 
    39  has been approved and certified as being consistent with  the  standards 
    40  established  by the commissioner of parks, recreation and historic pres- 
    41  ervation for rehabilitation by  the  office  of  parks,  recreation  and 
    42  historic  preservation, a local government certified pursuant to section 
    43  101(c)(1) of the national historic preservation act or a local  landmark 
    44  commission  established  pursuant to section ninety-six-a or one hundred 
    45  nineteen-dd of the general municipal law. 
    46    (B) A certified rehabilitation shall require: 
    47    (i) an initial certification that the structure meets  the  definition 
    48  of the term "certified historic structure"; 
    49    (ii)  a  second  certification,  to  be  issued prior to construction, 
    50  certifying that the proposed  rehabilitation  work  is  consistent  with 
    51  standards  established  by  the  commissioner  of  parks, recreation and 
    52  historic preservation for rehabilitation; and 
    53    (iii) a final certification issued  when  construction  is  completed, 
    54  certifying  that  the  work was completed as proposed and that the costs 
    55  are consistent with the work completed. Such final  certification  shall 
    56  be   acceptable   as   proof  that  the  expenditures  related  to  such 
        S. 6460                            76                            A. 9560

     1  construction  qualify  as  qualified  rehabilitation  expenditures   for 
     2  purposes  of  the credit allowed under either subparagraph (A) or (B) of 
     3  paragraph one of this subsection. 
     4    (5)(A)  The term "qualified historic home" means, for purposes of this 
     5  subsection, a certified  historic  structure  located  within  New  York 
     6  state: 
     7    (i) which has been substantially rehabilitated, 
     8    (ii)  which,  or  any portion of which, is owned, in whole or part, by 
     9  the taxpayer, 
    10    (iii) in which the taxpayer resides during the taxable year  in  which 
    11  the taxpayer is allowed a credit under this subsection, and 
    12    (iv)  which  is  either  in whole or in part a targeted area residence 
    13  within the meaning of section 143(j) of the internal  revenue  code,  or 
    14  located  within  a state empire zone designated under article eighteen-B 
    15  of the general municipal law. 
    16    (B) A building shall be treated as having been "substantially rehabil- 
    17  itated" if the qualified rehabilitation expenditures in relation to such 
    18  building total five thousand dollars or more. 
    19    (6) The term "certified historic structure"  means,  for  purposes  of 
    20  this subsection, any building (and its structural components) which: 
    21    (i) is listed in the state or national register of historic places, or 
    22    (ii)  is  located  in a state or national registered historic district 
    23  and is certified as being of historic significance to the district. 
    24    (7) If the taxpayer holds stock as a tenant-shareholder in  a  cooper- 
    25  ative  housing corporation, such taxpayer shall be treated as owning the 
    26  house or apartment which the taxpayer is  entitled  to  occupy  as  such 
    27  shareholder. 
    28    (8)(A)  A  percentage  of the total expenditures made in the rehabili- 
    29  tation of the exterior of a building containing cooperative or condomin- 
    30  ium dwelling units shall be attributed to  each  such  unit  within  the 
    31  building based on the percentage of space each such unit occupies within 
    32  the building. 
    33    (B)  In  the case of a building where less than the entire building is 
    34  used as a residence of the taxpayer,  only  the  portion  of  the  total 
    35  expenditures  made in the rehabilitation of the building that is attrib- 
    36  utable to the residence of the taxpayer shall be  treated  as  qualified 
    37  rehabilitation expenditures for the purposes of this subsection. 
    38    (C)  In  the case of a building that is owned by and is a residence of 
    39  two or more persons, other than a husband and wife, the portion  of  the 
    40  total  expenditures  made  in the rehabilitation of the building that is 
    41  attributable to each taxpayer shall be equal to the taxpayer's share  of 
    42  ownership in such building. 
    43    (9) In the case of a building other than a building to which paragraph 
    44  ten  of  this  subsection applies, qualified rehabilitation expenditures 
    45  shall be treated for purposes of this subsection as made on the date  of 
    46  the  final certification referred to in clause (iii) of subparagraph (B) 
    47  of paragraph four of this subsection. 
    48    (10)(A) In the case  of  a  purchased  qualified  historic  home,  the 
    49  taxpayer  shall  be treated as having made, on the date of purchase, the 
    50  qualified rehabilitation expenditures made by the seller of  such  home. 
    51  For  purposes  of this subsection, expenditures made by the seller shall 
    52  be deemed qualified rehabilitation expenditures if such expenditures, if 
    53  made by the purchaser, would have so qualified. 
    54    (B) The term "purchased qualified historic home" means  any  qualified 
    55  historic home purchased by the taxpayer if: 
        S. 6460                            77                            A. 9560

     1    (i) the taxpayer is the first purchaser of such home after the date of 
     2  the  final certification referred to in clause (iii) of subparagraph (B) 
     3  of paragraph four of this subsection, and  the  purchase  occurs  within 
     4  five years after such date, 
     5    (ii)  the  taxpayer,  during the taxable year in which the taxpayer is 
     6  allowed a credit under this subsection, resides in such home, 
     7    (iii) no credit was allowed to the seller under this  subsection  with 
     8  respect to such rehabilitation, and 
     9    (iv)  the  taxpayer  is furnished with such information as the commis- 
    10  sioner determines is  necessary  to  determine  any  credit  under  this 
    11  subsection. 
    12    (11)(A)  If, before the end of the two-year period beginning either on 
    13  the date of the final certification  referred  to  in  clause  (iii)  of 
    14  subparagraph  (B)  of paragraph four of this subsection or, if paragraph 
    15  ten of this subsection applies, on the date of purchase of such building 
    16  by the taxpayer, the taxpayer disposes of such  taxpayer's  interest  in 
    17  such  building, or such building ceases to be used as a residence of the 
    18  taxpayer, the taxpayer's tax imposed by this  article  for  the  taxable 
    19  year in which such disposition or cessation occurs shall be increased by 
    20  the  recapture  portion  of the credit allowed under this subsection for 
    21  all prior taxable years with respect to such rehabilitation. 
    22    (B) For purposes of subparagraph (A) of this paragraph, the  recapture 
    23  portion  shall  be  the  product  of the amount of credit claimed by the 
    24  taxpayer multiplied by a ratio, the numerator of which is equal to twen- 
    25  ty-four less the number of months the building is used as the taxpayer's 
    26  residence and the denominator of which is twenty-four. 
    27    (12) Nothing contained in this subsection shall be construed to impose 
    28  a duty upon a local landmark commission established pursuant to  section 
    29  ninety-six-a  or one hundred nineteen-dd of the general municipal law or 
    30  a local government  certified  pursuant  to  section  101(c)(1)  of  the 
    31  national  historic  preservation act to undertake any review or approval 
    32  of an application for the certification of the rehabilitation of histor- 
    33  ic structures and of rehabilitation expenditures provided  for  in  this 
    34  subsection. 
    35    §  2. Section 13.15 of the parks, recreation and historic preservation
    36  law is amended by adding a new subdivision 6 to read as follows:
    37    6. The office may establish a fee  or  fees  for  its  processing  and 
    38  review  of  applications  for the certification of the rehabilitation of 
    39  historic buildings and the approval of rehabilitation  expenditures  and 
    40  related  work  pursuant to subsection (jj) of section six hundred six of 
    41  the tax law. All revenues from these fees  shall  be  deposited  by  the 
    42  comptroller  in the miscellaneous special revenue fund to be credited to 
    43  the agency's patron services account and shall be used  to  support  the 
    44  office's  historic  preservation  program.  Nothing  in this subdivision 
    45  shall be construed to limit the ability of a local  landmark  commission 
    46  established  pursuant to section ninety-six-a or one hundred nineteen-dd 
    47  of the general municipal law or a local government certified pursuant to 
    48  section 101(c)(1) of the national historic preservation act to establish 
    49  and charge fees for its processing and review of  applications  for  the 
    50  certification  of  the  rehabilitation  of  historic  buildings  and the 
    51  approval of rehabilitation expenditures. 
    52    § 3. This act shall take effect immediately and shall apply to taxable
    53  years beginning on or after January 1, 2006.

    54                                   PART Y
        S. 6460                            78                            A. 9560

     1  Section 1. Section 606 of the  tax  law  is  amended  by  adding  a  new
     2  subsection (kk) to read as follows:
     3    (kk) Conservation easement tax credit. (1) Credit allowed. In the case 
     4  of a taxpayer who is an eligible farmer within the meaning of subsection 
     5  (n)  of  this  section  and  owns land that is subject to a conservation 
     6  easement held by a public or private conservation agency, there shall be 
     7  allowed a  credit  for  twenty-five  percent  of  the  allowable  school 
     8  district,  county and town real property taxes on such land. In no event 
     9  shall the credit allowed under this subsection in combination  with  any 
    10  other  credit  for  such  school district, county and town real property 
    11  taxes under this section exceed such taxes. 
    12    (2) Conservation easement. For purposes of this subsection,  the  term 
    13  "conservation  easement"  means  a  perpetual and permanent conservation 
    14  easement as defined in article forty-nine of the environmental conserva- 
    15  tion law that serves to protect open space, scenic,  natural  resources, 
    16  biodiversity,   agricultural,  watershed  and/or  historic  preservation 
    17  resources. Any conservation easement for which a tax credit  is  claimed 
    18  under  this  subsection  shall  be filed with the department of environ- 
    19  mental conservation, as provided for in article forty-nine of the  envi- 
    20  ronmental  conservation  law and such conservation easement shall comply 
    21  with the provisions of title three of such article, and  the  provisions 
    22  of  subdivision  (h)  of section 170 of the internal revenue code. Dedi- 
    23  cations of land for open space through  the  execution  of  conservation 
    24  easements  for  the purpose of fulfilling density requirements to obtain 
    25  subdivision or building permits shall not be considered  a  conservation 
    26  easement under this subsection. 
    27    (3) Land. For purposes of this subsection, the term "land" means a fee 
    28  simple  title  to  real  property located in this state, with or without 
    29  improvements thereon; rights of way; water and  riparian  rights;  ease- 
    30  ments;  privileges  and  all  other  rights  or interests of any land or 
    31  description in, relating to or connected with real  property,  excluding 
    32  buildings, structures, or improvements. 
    33    (4)  Public  or  private  conservation  agency.  For  purposes of this 
    34  subsection, the term "public or private conservation agency"  means  any 
    35  state,  local, or federal governmental body; or any private not-for-pro- 
    36  fit charitable corporation or trust which is authorized to  do  business 
    37  in  the state of New York, is organized and operated to protect land for 
    38  natural resources, conservation or historic  preservation  purposes,  is 
    39  exempt  from  federal  income  taxation  under  section 501(c)(3) of the 
    40  internal revenue code, and has the power to acquire, hold  and  maintain 
    41  land and/or interests in land for such purposes. 
    42    (5) Credit limitation. The amount of the credit that may be claimed by 
    43  a  taxpayer  pursuant  to this subsection shall not exceed five thousand 
    44  dollars in any given year. 
    45    (6) Application of the credit. If the amount of the credit under  this 
    46  subsection for any taxable year shall exceed the taxpayer's tax for such 
    47  year, the excess shall be treated as an overpayment of tax to be credit- 
    48  ed  or refunded in accordance with the provisions of section six hundred 
    49  eighty-six of this article, provided, however, that no interest shall be 
    50  paid therein. 
    51    § 2. Paragraph 4 of subsection (n) of section 606 of the tax  law,  as
    52  amended  by  section  2 of part N of chapter 407 of the laws of 1999, is
    53  amended to read as follows:
    54    (4) Qualified agricultural property. For purposes of this  subsection,
    55  the  term  "qualified  agricultural property" means land located in this
    56  state which is used in agricultural production, and  land  improvements,
        S. 6460                            79                            A. 9560

     1  structures  and  buildings  (excluding buildings used for the taxpayer's
     2  residential purpose) located on such land which are used or occupied  to
     3  carry out such production. Qualified agricultural property also includes
     4  land  set  aside  or  retired  under a federal supply management or soil
     5  conservation program or land that at the time it becomes  subject  to  a 
     6  conservation easement, as defined under subsection (kk) of this section, 
     7  met the requirements under this paragraph .
     8    § 3. Section 210 of the tax law is amended by adding a new subdivision
     9  38 to read as follows:
    10    38.  Conservation easement tax credit. (1) Credit allowed. In the case 
    11  of a taxpayer who is an eligible farmer within the meaning  of  subdivi- 
    12  sion  twenty-two  of this section and who owns land that is subject to a 
    13  conservation easement held by a public or private  conservation  agency, 
    14  there shall be allowed a credit for twenty-five percent of the allowable 
    15  school district, county and town real property taxes on such land. In no 
    16  such case shall the credit allowed under this subdivision in combination 
    17  with  any  other  credit  for such school district, county and town real 
    18  property taxes under this section exceed such taxes. 
    19    (2) Conservation easement. For purposes of this subdivision, the  term 
    20  "conservation  easement"  means  a  perpetual and permanent conservation 
    21  easement as defined in article forty-nine of the environmental conserva- 
    22  tion law that serves to protect open space, scenic,  natural  resources, 
    23  biodiversity,   agricultural,  watershed  and/or  historic  preservation 
    24  resources. Any conservation easement for which a tax credit  is  claimed 
    25  under  this  subdivision  shall be filed with the department of environ- 
    26  mental conservation, as provided for in article forty-nine of the  envi- 
    27  ronmental  conservation  law and such conservation easement shall comply 
    28  with the provisions of title three of such article, and  the  provisions 
    29  of  subdivision  (h)  of section 170 of the internal revenue code. Dedi- 
    30  cations of land for open space through  the  execution  of  conservation 
    31  easements  for  the purpose of fulfilling density requirements to obtain 
    32  subdivision or building permits shall not be considered  a  conservation 
    33  easement under this subdivision. 
    34    (3)  Land.  For  purposes of this subdivision, the term "land" means a 
    35  fee simple title to real property located in this state, with or without 
    36  improvements thereon; rights of way; water and  riparian  rights;  ease- 
    37  ments;  privileges  and  all  other  rights  or interests of any land or 
    38  description in, relating to or connected with real  property,  excluding 
    39  buildings, structures, or improvements. 
    40    (4) Public or private conservation agency. For purposes of this subdi- 
    41  vision,  the  term  "public  or  private  conservation agency" means any 
    42  state, local, or federal governmental body; or any private  not-for-pro- 
    43  fit  charitable  corporation or trust which is authorized to do business 
    44  in the state of New York, is organized and operated to protect land  for 
    45  natural  resources,  conservation  or historic preservation purposes, is 
    46  exempt from federal income  taxation  under  section  501(c)(3)  of  the 
    47  internal  revenue  code, and has the power to acquire, hold and maintain 
    48  land and/or interests in land for such purposes. 
    49    (5) Credit limitation. The amount of the credit that may be claimed by 
    50  a taxpayer pursuant to this subsection shall not  exceed  five  thousand 
    51  dollars in any given year. 
    52    (6)  Application of the credit. The credit allowed under this subdivi- 
    53  sion for any taxable year shall not reduce the tax due for such year  to 
    54  less than the higher of the amounts prescribed in paragraphs (c) and (d) 
    55  of subdivision one of this section. However, if the amount of the credit 
    56  allowed  under  this subdivision for any taxable year reduces the tax to 
        S. 6460                            80                            A. 9560

     1  such amount, any amount of the credit thus not deductible in such  taxa- 
     2  ble  year  shall  be  treated as an overpayment of tax to be credited or 
     3  refunded in accordance with the provisions of subsection (c) of  section 
     4  ten hundred eighty-eight of this chapter, except that, no interest shall 
     5  be paid thereon. 
     6    § 4. Paragraph (d) of subdivision 22 of section 210 of the tax law, as
     7  amended  by  section  1 of part N of chapter 407 of the laws of 1999, is
     8  amended to read as follows:
     9    (d) Qualified agricultural property. For purposes of this subdivision,
    10  the term "qualified agricultural property" means land  located  in  this
    11  state  which  is used in agricultural production, and land improvements,
    12  structures and buildings (excluding buildings used  for  the  taxpayer's
    13  residential  purpose) located on such land which are used or occupied to
    14  carry out such production. Qualified agricultural property also includes
    15  land set aside or retired under a  federal  supply  management  or  soil
    16  conservation  program  or  land that at the time it becomes subject to a 
    17  conservation easement, as defined under subdivision thirty-eight of this 
    18  section, met the requirements under this paragraph .
    19    § 5. This act shall take effect immediately and shall apply to taxable
    20  years beginning on or after January 1, 2006.

    21                                   PART Z

    22  Section 1. Clause 10 of subdivision (b) of section 1107 of the tax  law,
    23  as  added  by  chapter  285  of  the laws of 2005, is amended to read as
    24  follows:
    25    [(10)] (11) Notwithstanding any other provision of law to the  contra-
    26  ry,  clothing  and footwear for which the receipt or consideration given
    27  or contracted to be given is less than one hundred ten dollars per arti-
    28  cle of clothing, per pair of shoes or other articles of footwear or  per
    29  item  used or consumed to make or repair such clothing and which becomes
    30  a physical component part of such clothing  shall  be  exempt  from  the
    31  taxes  imposed  by  this  section;  provided  that,  during  the periods 
    32  described in paragraph thirty  of  subdivision  (a)  of  section  eleven 
    33  hundred  fifteen  of  this article, the less than one hundred ten dollar 
    34  threshold above shall be less than two hundred fifty dollars .
    35    § 2. Paragraph 2 of subdivision (g) of section 1109 of the tax law, as
    36  amended by section 4 of part KK of chapter 407 of the laws of  1999,  is
    37  amended to read as follows:
    38    (2)  Commencing with the sales tax quarterly period which commences on
    39  [March] June first, two thousand six , and for each such quarterly period 
    40  thereafter in which clothing and footwear are exempt for any portion  of 
    41  such  quarter pursuant to paragraph thirty of subdivision (a) of section 
    42  eleven hundred fifteen of this article, the commissioner shall make such
    43  determinations and certifications  on  the  twelfth  day  of  the  month
    44  following  the  month in which sales tax quarterly returns are due under
    45  section eleven hundred thirty-six of this article with respect  to  such
    46  quarterly  period  for  as long as such clothing and footwear exemptions
    47  from such taxes imposed pursuant to the authority of article twenty-nine
    48  or by section eleven hundred  seven  or  eleven  hundred  eight  are  in
    49  effect.  Neither  the  commissioner  nor  the  comptroller shall be held
    50  liable for any inaccuracy in  such  determinations  and  certifications.
    51  Such  determinations and certifications may be based on such information
    52  as may be available to the commissioner at the time such  determinations
    53  and  certifications must be made under this subdivision and may be esti-
    54  mated on the basis of  percentages  or  other  indices  calculated  from
        S. 6460                            81                            A. 9560

     1  distributions  from  prior periods. The commissioner shall be authorized
     2  to require such information  as  the  commissioner  deems  necessary  to
     3  comply  with  the requirements of this subdivision from persons required
     4  to file returns under such section eleven hundred thirty-six.
     5    §  3.  Paragraph 30 of subdivision (a) of section 1115 of the tax law,
     6  as amended by section 84 of part A of chapter 56 of the laws of 1998, is
     7  amended to read as follows:
     8    (30) [Clothing] During the seven-day periods commencing on the Tuesday 
     9  immediately preceding the first Monday in September, known as Labor day, 
    10  and ending on Labor day, and commencing on the last  Monday  of  January 
    11  and  ending on the following Sunday, clothing and footwear for which the
    12  receipt or consideration given or contracted to be given  is  less  than
    13  [one]  two hundred [ten] fifty dollars per article of clothing, per pair
    14  of shoes or other articles of footwear or per item used or  consumed  to
    15  make or repair such clothing and which becomes a physical component part
    16  of such clothing.
    17    § 4. Paragraph 1 of subdivision (a) of section 1210 of the tax law, as
    18  separately amended by chapters 285 and 306 of the laws of 2005, subpara-
    19  graph  (i) as redesignated and subparagraph (ii) as added by chapter 710
    20  of the laws of 2005, is amended to read as follows:
    21    (1) (i) Either, all of the taxes described in article twenty-eight  of
    22  this chapter, at the same uniform rate, as to which taxes all provisions
    23  of  the  local laws, ordinances or resolutions imposing such taxes shall
    24  be identical, except as to rate and except as otherwise provided herein,
    25  with the corresponding provisions in such article twenty-eight,  includ-
    26  ing  the  definition and exemption provisions of such article, so far as
    27  the provisions of such article twenty-eight can be  made  applicable  to
    28  the  taxes  imposed by such city or county and with such limitations and
    29  special provisions as are set forth in this article.  However, any local
    30  law enacted by any city of one  million  or  more,  imposing  the  taxes
    31  authorized  by  this  subdivision,  shall omit the exemption provided in
    32  subdivision (c) of section eleven hundred fifteen insofar as it  applies
    33  to  fuel,  gas, electricity, refrigeration and steam, and gas, electric,
    34  refrigeration and steam service of whatever nature for use  or  consump-
    35  tion  directly  and  exclusively  in the production of gas, electricity,
    36  refrigeration or steam and,  unless  such  city  elects  otherwise,  the
    37  provision  for  refund  or credit contained in clause six of subdivision
    38  (a) of section eleven hundred nineteen, and may omit (A)  the  exception
    39  provided in paragraph three of subdivision (c) of section eleven hundred
    40  five  for  receipts  from  laundering, dry-cleaning, tailoring, weaving,
    41  pressing, shoe repairing and shoe shining and (B) the exception provided
    42  in paragraph one of subdivision (f) of section eleven hundred  five  for
    43  charges to a patron for admission to, or use of, facilities for sporting
    44  activities  in which such patron is to be a participant, such as bowling
    45  alleys and swimming pools. Furthermore, any local law enacted by a  city
    46  of one million or more imposing the taxes authorized by this subdivision
    47  may  impose  the  taxes described in paragraph six of subdivision (c) of
    48  section eleven hundred five at a rate in addition to the rate prescribed
    49  by this section not to exceed two per centum in multiples of one-half of
    50  one per centum. The taxes authorized under this subdivision may  not  be
    51  imposed  by  a  city or county unless the local law, ordinance or resol-
    52  ution imposes such taxes so as to include all portions and all types  of
    53  receipts,  charges  or rents, subject to state tax under sections eleven
    54  hundred five and eleven hundred ten, except as provided in the following
    55  sentence. Any local law, ordinance or resolution enacted by any city  of
    56  less  than one million or by any county or school district, imposing the
        S. 6460                            82                            A. 9560

     1  taxes  authorized  by  this  subdivision,  shall,  notwithstanding   any
     2  provision  of  law  to  the contrary, exclude from the operation of such
     3  local taxes all sales of tangible personal property for use or  consump-
     4  tion  directly  and predominantly in the production of tangible personal
     5  property, gas, electricity, refrigeration or steam, for sale,  by  manu-
     6  facturing,   processing,   generating,  assembly,  refining,  mining  or
     7  extracting; and all sales of  tangible  personal  property  for  use  or
     8  consumption  predominantly either in the production of tangible personal
     9  property, for sale, by farming or in a commercial horse boarding  opera-
    10  tion,  or  in  both;  and,  unless  such city, county or school district
    11  elects  otherwise,  shall  omit  the  provision  for  credit  or  refund
    12  contained  in  clause  six  of subdivision (a) of section eleven hundred
    13  nineteen. Any local law, ordinance or resolution enacted  by  any  city,
    14  county  or school district, imposing the taxes authorized by this subdi-
    15  vision, shall  omit  the  residential  solar  energy  systems  equipment
    16  exemption  provided  for  in subdivision (ee), the clothing and footwear
    17  exemption provided for in paragraph thirty of subdivision  (a)  and  the
    18  qualified  empire zone enterprise exemptions provided for in subdivision
    19  (z) of section eleven hundred fifteen, unless such city  (other  than  a 
    20  city  of  one million or more with respect to such clothing and footwear 
    21  exemption) , county or school district elects otherwise as to either such
    22  residential solar energy systems equipment exemption  or  such  clothing
    23  and   footwear  exemption  or  such  qualified  empire  zone  enterprise
    24  exemptions; provided that if such a city  having  a  population  of  one
    25  million  or  more enacts the resolution described in subdivision [(k) of 
    26  this section  or  repeals  such  resolution  or  enacts  the  resolution 
    27  described in subdivision] (l) of this section or repeals such resolution
    28  or enacts the resolution described in subdivision (n) of this section or
    29  repeals  such resolution, such resolution or repeal shall also be deemed
    30  to amend any local law, ordinance or resolution enacted by such  a  city
    31  imposing  such  taxes  pursuant  to  the  authority of this subdivision,
    32  whether or not such taxes are suspended at the time such city enacts its
    33  resolution pursuant to subdivision [(k),] (l) or (n) of this section  or
    34  at  the  time of any such repeal; provided, further, that any such local
    35  law, ordinance or resolution and section eleven hundred seven, as deemed
    36  to be amended in the event a city of one million or more enacts a resol-
    37  ution pursuant to the authority of subdivision [(k),] (l) or (n) of this
    38  section, shall be further amended, as provided in section twelve hundred
    39  eighteen,  so  that  the  residential  solar  energy  systems  equipment
    40  exemption or the qualified empire zone enterprise exemptions in any such
    41  local  law,  ordinance  or  resolution or in such section eleven hundred
    42  seven are the same, as the case may be, as the residential solar  energy
    43  systems  equipment  exemption  provided  for  in  subdivision (ee)[, the 
    44  clothing and footwear exemption in paragraph thirty of subdivision  (a)]
    45  or the qualified empire zone enterprise exemptions in subdivision (z) of
    46  section eleven hundred fifteen.
    47    (ii)  Notwithstanding  any  other  provision  of  law to the contrary,
    48  clothing and footwear for which the receipt or  consideration  given  or
    49  contracted  to be given is less than one hundred ten dollars per article
    50  of clothing, per pair of shoes or other articles of footwear or per item
    51  used or consumed to make or repair such clothing  and  which  becomes  a
    52  physical  component part of such clothing shall be exempt from sales and
    53  compensating use taxes imposed  by  a  city  of  one  million  or  more; 
    54  provided  that,  during  the  periods  described  in paragraph thirty of 
    55  subdivision (a) of section eleven hundred fifteen of this  chapter,  the 
        S. 6460                            83                            A. 9560

     1  less  than one hundred ten dollar threshold above shall be less than two 
     2  hundred fifty dollars .
     3    [(ii) Any] (iii) Notwithstanding any other provision of the law to the 
     4  contrary,  a  county,  imposing  the taxes authorized by this [section,]
     5  subdivision and having a population of not less than one  hundred  thir-
     6  ty-nine  thousand  and  not more than one hundred forty thousand, deter- 
     7  mined in accordance with the two thousand decennial federal census,  may
     8  [by]  adopt  or  amend  a  local law, ordinance or resolution [elect] to
     9  exempt from such local sales and compensating use taxes [all receipts or 
    10  consideration given or contracted to be given for]  clothing  and  foot-
    11  wear[,  as  defined  in  paragraph fifteen of subdivision (b) of section 
    12  eleven hundred one of this chapter. Under no circumstances shall the tax 
    13  exemption granted pursuant to this subparagraph be subject to any  limi- 
    14  tation included in paragraph thirty of subdivision (a) of section eleven 
    15  hundred  fifteen  of  this  chapter.    Every]  for which the receipt or 
    16  consideration given or contracted to be given is less than  one  hundred 
    17  ten dollars per article of clothing, per pair of shoes or other articles 
    18  of footwear or per item used or consumed to make or repair such clothing 
    19  and  which  becomes a physical component part of such clothing; provided 
    20  that, if such county elects the exemption authorized  by  this  subpara- 
    21  graph,  then, during the periods described in paragraph thirty of subdi- 
    22  vision (a) of section eleven hundred fifteen of this chapter,  the  less 
    23  than  one  hundred  ten  dollar  threshold  above shall be less than two 
    24  hundred fifty dollars; and provided, further, that any such county shall
    25  also comply with the provisions of subdivisions  (d)  and  (e)  of  this
    26  section,  including provisions applicable to providing for the exemption 
    27  described in paragraph thirty  of  subdivision  (a)  of  section  eleven 
    28  hundred fifteen of this chapter or repealing such exemption .
    29    § 5. Subdivision (k) of section 1210 of the tax law is REPEALED.
    30    § 6. Local rejection or election of annual one-week clothing and foot-
    31  wear  exemption periods. Notwithstanding any provision of state or local
    32  law, ordinance or resolution to the contrary:
    33    (a)(1) Action by localities which provided the two  2005-06  one  week
    34  clothing/footwear exemption periods. A county or city imposing sales and
    35  compensating  use  taxes pursuant to the authority of subdivision (a) of
    36  section 1210, 1210-A, 1210-B or 1210-C of the tax  law,  which  provided
    37  the two 2005-06 one week clothing and footwear exemption periods, pursu-
    38  ant  to  part  J  of  chapter 61 of the laws of 2005, acting through its
    39  local legislative body, is hereby authorized and empowered  to  adopt  a
    40  resolution,  in the form set forth in paragraph two of this subdivision,
    41  to reject the two annual one-week exemption  periods  for  clothing  and
    42  footwear,  as  described  in  paragraph 30 of subdivision (a) of section
    43  1115 of the tax law as amended by section three of this  act,  from  its
    44  sales  and  compensating use taxes. Such a resolution shall be effective
    45  only if it is adopted exactly as set forth in such paragraph two of this
    46  subdivision and such county or city adopts it by June 1, 2006,  mails  a
    47  certified  copy  of  it  to  the commissioner of taxation and finance by
    48  certified mail by such date and otherwise complies with the requirements
    49  of subdivisions (d) and (e) of section 1210  of  the  tax  law.  Such  a
    50  resolution adopted by a county or a city in compliance with this section
    51  shall be deemed to amend such county's or city's local law, ordinance or
    52  resolution imposing its sales and compensating use taxes. If such county
    53  or  city  does not adopt the resolution provided for in this subdivision
    54  to reject such two annual one-week  exemption  periods,  in  the  manner
    55  prescribed  herein,  then such exemption periods shall apply annually to
    56  such taxes imposed by such county or city, unless such  county  or  city
        S. 6460                            84                            A. 9560

     1  later  repeals  them  pursuant  to  the  authority of subdivision (a) of
     2  section 1210 of the tax law.
     3    (2)  Form  of  resolution.  Be  it  enacted by the (county or city) of
     4  (insert locality's name) as follows:
     5    Section one. The (county or city) of (insert locality's  name)  hereby
     6  rejects  the two annual one-week clothing and footwear exemption periods
     7  commencing in the fall of 2006.
     8    Section two. This resolution shall take effect immediately.
     9    (b)(1) Action by localities which did not provide the two 2005-06  one
    10  week  clothing/footwear  exemption  periods.  A  county or city imposing
    11  sales and compensating use taxes pursuant to the authority  of  subdivi-
    12  sion (a) of section 1210, 1210-A, 1210-B or 1210-C of the tax law, which
    13  did not provide the two 2005-06 one week clothing and footwear exemption
    14  periods,  pursuant  to  part J of chapter 61 of the laws of 2005, acting
    15  through its local legislative body, is hereby authorized  and  empowered
    16  to  adopt  a  resolution, in the form set forth in paragraph two of this
    17  subdivision, to elect the two  annual  one-week  exemption  periods  for
    18  clothing  and  footwear, as described in paragraph 30 of subdivision (a)
    19  of section 1115 of the tax law as amended by section three of this  act,
    20  from  its  sales  and compensating use taxes. Such a resolution shall be
    21  effective only if it is adopted exactly as set forth in  such  paragraph
    22  two  of  this  subdivision  and such county or city adopts it by June 1,
    23  2006, mails a certified copy of it to the commissioner of  taxation  and
    24  finance  by  certified mail by such date and otherwise complies with the
    25  requirements of subdivisions (d) and (e) of section 1210 of the tax law.
    26  Such a resolution adopted by a county or a city in compliance with  this
    27  section  shall  be  deemed  to  amend such county's or city's local law,
    28  ordinance or resolution imposing its sales and compensating  use  taxes.
    29  If  such  county  or  city does not adopt the resolution provided for in
    30  this subdivision to elect such two annual one-week exemption periods, in
    31  the manner prescribed herein, then  such  exemption  periods  shall  not
    32  apply  to  such taxes imposed by such county or city, unless such county
    33  or city later elects them pursuant to the authority of  subdivision  (a)
    34  of section 1210 of the tax law.
    35    (2)  Form  of  resolution.  Be  it  enacted by the (county or city) of
    36  (insert locality's name) as follows:
    37    Section one. The (county or city) of (insert locality's  name)  hereby
    38  elects  the  two annual one-week clothing and footwear exemption periods
    39  commencing in the fall of 2006.
    40    Section two. This resolution shall take effect immediately  and  shall
    41  apply  in  accordance with applicable transitional provisions of the New
    42  York tax law.
    43    (c) Subdivision (g) of section 1109 of the tax law shall  apply  if  a
    44  county  or  city  located  in  the  metropolitan commuter transportation
    45  district provides the two annual one-week exemption  periods  authorized
    46  by this part.
    47    (d)  Notwithstanding  any other provision of law to the contrary, this
    48  section shall not apply to a city having a population of one million  or
    49  more.
    50    (e)  This  section  shall apply to a county having a population of not
    51  less than 139,000 and not more than 140,000,  determined  in  accordance
    52  with  the  2000  decennial  federal census, provided that the year-round
    53  clothing and footwear exemption from the local  sales  and  compensating
    54  use  taxes imposed by such a county, authorized by subparagraph (iii) of
    55  paragraph 1 of subdivision (a) of section 1210 of the tax law as  redes-
    56  ignated  and amended by section five of this act, is not in effect as of
        S. 6460                            85                            A. 9560

     1  June 1, 2006. Notwithstanding any other provision  of  the  law  to  the
     2  contrary, such a county which elected such year-round exemption pursuant
     3  to  the  authority of such subparagraph (iii) may repeal such year-round
     4  exemption  as  of  June 1, 2006, pursuant to the authority of such para-
     5  graph (iii), except that, for purposes of the application of this subdi-
     6  vision, the March 1 date in subdivision (d) of section 1210 of  the  tax
     7  law shall be read as June 1, 2006.
     8    § 7. Section 4 of chapter 285 of the laws of 2005 amending the tax law
     9  relating  to exempting certain clothing and footwear sales and uses from
    10  local sales and compensating use taxes, as amended by chapter 241 of the
    11  laws of 2005, is amended to read as follows:
    12    § 4. This act shall take effect September 1, 2005, and shall apply  to
    13  sales  made  and uses occurring on or after that date in accordance with
    14  applicable transitional provisions of articles 28 and 29 of the tax  law
    15  [and  shall  expire March 31, 2006 when upon such date the provisions of 
    16  this act shall be  deemed  repealed;  provided,  however,  that  if  the 
    17  proposed  legislation  submitted  with  the  Executive  Budget for state 
    18  fiscal year 2006-2007 submitted pursuant to section 3 of article VII  of 
    19  the  state  constitution  does  not provide for any new tax reduction in 
    20  accordance with the provisions of section 5 of part J of chapter  61  of 
    21  the  laws  of 2005, as added by section 3 of part A of chapter 63 of the 
    22  laws of 2005, then this act shall expire March 31, 2007].
    23    § 8. Section 1 of part A of chapter 101 of the laws of  2004  relating
    24  to  the suspension and the effectiveness of exemptions of certain cloth-
    25  ing and footwear from sales and compensating use  taxes  imposed  by  or
    26  pursuant  to  the  authority  of  article  28  or  29  of the tax law is
    27  REPEALED.
    28    § 9. Part J of chapter 61 of the laws of 2005 amending the tax law and
    29  other laws relating to implementing the state fiscal plan for the  2005-
    30  2006 state fiscal year is REPEALED.
    31    §  10. If a county having a population between 139,000 and 140,000 and
    32  imposing sales and compensating use taxes pursuant to the  authority  of
    33  subdivision  (a) of section 1210 of the tax law adopts or amends a local
    34  law, ordinance or resolution to  provide  the  year-round  clothing  and
    35  footwear  exemption  pursuant  to  subparagraph  (iii) of paragraph 1 of
    36  subdivision (a) of section 1210 of the tax law effective March 1,  2006,
    37  then  (a)  the  provisions  of  such  subparagraph  (iii), as amended by
    38  section five of this act, shall apply to such exemption as of the effec-
    39  tive date of this act, (b) such county's local law, ordinance or  resol-
    40  ution  providing  such  exemption  shall  be deemed to have incorporated
    41  therein the amendments to the provisions of such subparagraph  (iii)  by
    42  section  five of this act, and (c) such exemption as amended by this act
    43  shall continue without interruption unless and until  repealed  by  such
    44  county or otherwise modified in accordance with law.
    45    §  11. This act shall take effect June 1, 2006, provided that sections
    46  six and seven of this act shall take effect immediately, and shall apply
    47  in accordance with the applicable transitional  provisions  of  sections
    48  1106 and 1217 of the tax law.

    49                                   PART AA

    50  Section 1. Section 2 of part L of chapter 61 of the laws of 2005, amend-
    51  ing the tax law and other laws relating to implementing the state fiscal
    52  plan for the 2005-2006 state fiscal year, is amended to read as follows:
    53    § 2. This act shall take effect immediately and shall apply to taxable
    54  years  beginning [in] on and after January 1, 2005 [and 2006]; and shall
        S. 6460                            86                            A. 9560

     1  expire January 1, [2007] 2010 when upon such date the provisions of this
     2  act shall be deemed repealed.
     3    § 2. This act shall take effect immediately.

     4                                   PART BB

     5  Section 1. Section 2 of part E of chapter 60 of the laws of 2004, amend-
     6  ing  the tax law relating to the fixed dollar minimum tax, is amended to
     7  read as follows:
     8    § 2. This act shall take effect immediately and apply to taxable years
     9  commencing [in] on or after January 1, 2004 [and 2005] and shall  expire
    10  and  be  of no force and effect for taxable years commencing on or after
    11  January 1, [2006] 2009 .
    12    § 2. This act shall take effect immediately.

    13                                   PART CC

    14  Section 1. Subdivision 4 of section 22 of the  public  housing  law,  as
    15  amended  by  section  1  of part F of chapter 61 of the laws of 2005, is
    16  amended to read as follows:
    17    4. Statewide limitation. The aggregate dollar amount of  credit  which
    18  the  commissioner  may  allocate  to eligible low-income buildings under
    19  this article shall be [eight] ten million dollars during  the  year  two 
    20  thousand  six,  and  shall  increase  annually thereafter in two million 
    21  dollar increments per year . The limitation provided by this  subdivision
    22  applies  only  to allocation of the aggregate dollar amount of credit by
    23  the commissioner, and does not apply to allowance to a taxpayer  of  the
    24  credit  with respect to an eligible low-income building for each year of
    25  the credit period.
    26    § 2. This act shall take effect immediately.

    27                                   PART DD

    28  Section 1. Section 2 of chapter 218 of the laws of  2004,  amending  the
    29  tax  law relating to an exemption from the tax on admission charges with
    30  respect to certain places of amusement, as amended by chapter 14 of  the
    31  laws of 2005, is amended to read as follows:
    32    §  2.  This  act  shall take effect immediately and shall apply to any
    33  admission to or the use of facilities of a place of amusement after such
    34  date, whether or not the admission or other charge  was  paid  prior  to
    35  such  date,  unless  the tickets were actually sold and delivered (other
    36  than for resale) prior to such date to a patron for admission or for the
    37  use of rides or other facilities on  or  after  such  date[;  and  shall 
    38  expire  October  1,  2006 when upon such date the provisions of this act 
    39  shall be deemed repealed].
    40    § 2. This act shall take effect immediately.

    41                                   PART EE

    42  Section 1. Subdivision 3 of section 205 of the  tax  law,  as  added  by
    43  section  8  of  part U1 of chapter 62 of the laws of 2003, is amended to
    44  read as follows:
    45    3. [From the] The moneys collected from the taxes imposed by  sections
    46  one  hundred eighty-three and one hundred eighty-four of this article on
    47  and after April first, two thousand [four] six , after reserving  amounts
    48  for  refunds  or reimbursements, shall be distributed as follows: twenty
        S. 6460                            87                            A. 9560

     1  percent of such moneys shall be deposited to the credit of the dedicated
     2  highway and bridge trust fund established by  section  eighty-nine-b  of
     3  the  state  finance  law[.  The  remainder], fifty-three percent of such 
     4  moneys  shall  be deposited in the mass transportation operating assist-
     5  ance fund to the credit of the metropolitan mass transportation  operat-
     6  ing assistance account created pursuant to section eighty-eight-a of the
     7  state  finance  law  and  twenty-seven  percent  of such moneys shall be 
     8  deposited in such mass transportation operating assistance fund  to  the 
     9  credit of the public transportation systems operating assistance account 
    10  created pursuant to such section .
    11    § 2. Section 13 of part U1 of chapter 62 of the laws of 2003, amending
    12  the  vehicle  and  traffic  law  and  other  laws relating to increasing
    13  certain motor vehicle transaction fees, as amended  by  section  1-b  of
    14  part A of chapter 63 of the laws of 2005, is amended to read as follows:
    15    §  13.  This  act shall take effect immediately; provided however that
    16  sections one through seven and nine of this  act  shall  expire  and  be
    17  deemed  repealed  on March 31, 2010; provided further, however, that the
    18  provisions of section eleven of this act shall take effect April 1, 2004
    19  and shall expire and be deemed repealed on March 31, 2010.
    20    § 3. This act shall take effect April  1,  2006  and  shall  apply  to
    21  moneys collected on and after such date.

    22                                   PART FF

    23  Section  1.  Section 5-a of the tax law, as added by section 1 of part N
    24  of chapter 60 of the laws of 2004, is amended to read as follows:
    25    § 5-a.   [Sales  and  compensating  use  tax  obligations  of  certain 
    26  contractors,  subcontractors  and  their  affiliates]  Certification  of 
    27  registration to collect sales and  compensating  use  taxes  by  certain 
    28  contractors,  affiliates  and  subcontractors .  1.  For purposes of this
    29  section, the following terms shall have the specified meanings:
    30    (a) "Affiliate" means a person which[, through stock ownership or  any 
    31  other affiliation,] directly, indirectly or constructively
    32    (1) controls another person;
    33    (2) is controlled by another person; or
    34    (3)  is,  along  with  another  person,  under the control of a common
    35  parent.
    36    "Control" means possession of the power to direct, or cause the direc- 
    37  tion of, the management and policies of another person. 
    38    (b) "Commodities" means commodities as defined in  article  eleven  of
    39  the state finance law [and tangible personal property].
    40    (c)  (1)  "Contract"  means  an  agreement  between a contractor and a
    41  covered agency for the [sale] purchase by the covered  agency,  pursuant 
    42  to  article  eleven of the state finance law, of commodities or services
    43  having a value in excess of [fifteen] one hundred thousand dollars.
    44    The term "contract" shall also  include  a  centralized  contract,  as 
    45  defined  in  article  eleven  of  the state finance law, with a value in 
    46  excess of one hundred thousand dollars. 
    47    (2) The term "contract" shall not include: 
    48    (A) a purchase by a covered agency of commodities or services  with  a 
    49  value  in  excess  of  one  hundred thousand dollars based upon a formal 
    50  mini-bid solicitation pursuant to a centralized contract; 
    51    (B) a grant or an intergovernmental agreement; or 
    52    (C) a purchase of commodities or services from a  "preferred  source," 
    53  as such term is defined in article eleven of the state finance law. 
        S. 6460                            88                            A. 9560

     1    (3)  Multiple purchases of commodities or services by a covered agency 
     2  from the same contractor during a state fiscal year shall not be  aggre- 
     3  gated  for  purposes of determining whether the greater than one hundred 
     4  thousand dollar threshold described in this subdivision has been met. 
     5    (d) "Contractor" means a person awarded a contract.
     6    (e)  "Covered  agency"  [includes  the  state,  any department, board, 
     7  bureau, commission, division, office, council or agency  of  the  state, 
     8  and]  means a "state agency" for purposes of article eleven of the state 
     9  finance law, the legislature, the judiciary, or a  public  authority  or
    10  [a]  public  benefit  corporation  at  least  one  of  whose  members is 
    11  appointed by the governor .
    12    (f) "Department" means the department of taxation and finance. 
    13    (g) "Person"  means  an  individual,  partnership,  limited  liability 
    14  company,  society,  association,  joint  stock  company, or corporation; 
    15  provided, however, that a "person" shall not include  a  "public  corpo- 
    16  ration"  or  an  "education  corporation,"  as such terms are defined in 
    17  section sixty-six of the  general  construction  law,  a  not-for-profit 
    18  corporation  whose  contracts are subject to approval in accordance with 
    19  article eleven-B of the state finance law, a board of cooperative educa- 
    20  tional services created pursuant to article forty of the education  law, 
    21  or  a  soil  and water conservation district created pursuant to section 
    22  five of the soil and water conservation districts law. 
    23    (h) "Sales and compensating use taxes" means state and local sales and
    24  compensating use taxes imposed by article twenty-eight and  pursuant  to
    25  the authority of article twenty-nine of this chapter, which are adminis-
    26  tered by the commissioner.
    27    [(g)]  (i)  "Sales tax quarter" means a quarterly period ending on the 
    28  last day of February, May, August or November. 
    29    (j) "Services" means services as defined  in  article  eleven  of  the
    30  state finance law [and taxable services].
    31    [(h)]  (k)  "Subcontractor"  means  a person [providing commodities or 
    32  performing services for a contractor or  another  subcontractor  in  the 
    33  fulfillment  of  a  contract] engaged by a contractor or another subcon- 
    34  tractor to perform a portion of the  contractor's  obligations  under  a 
    35  contract .
    36    [(i)] (l) "State" means the state of New York.
    37    [(j)]  (m)  "Taxable  services"  means services, the receipts from the
    38  sale of which are taxable by article twenty-eight or article twenty-nine
    39  of this chapter.
    40    [(k)] (n) The terms ["person,"] "receipts," "sale," "tangible personal
    41  property" and "vendor" have the meanings given in  article  twenty-eight
    42  of this chapter.
    43    2.  (a)  Notwithstanding  any  provision  of  law  to the contrary, [a 
    44  contract shall not be approved by the state comptroller or, in cases  in 
    45  which  the state comptroller is not required to approve the contract, by 
    46  such other agency or  unit  thereof  responsible  for  approval  of  the 
    47  contract,  and  shall  not  be  valid,  effective or binding against the 
    48  covered agency, if the contractor, any affiliate of the contractor,  any 
    49  subcontractor  or  any affiliate of the subcontractor makes sales deliv- 
    50  ered by any means to locations within the  state  of  tangible  personal 
    51  property  or  taxable services having a value in excess of three hundred 
    52  thousand dollars, and is not registered for sales and  compensating  use 
    53  tax  purposes  with the commissioner under sections eleven hundred thir- 
    54  ty-four and twelve hundred fifty-three of this chapter. 
    55    (b) Prior to the date] before a  contract  [is  to  be  submitted  for 
    56  approval]  may  take  effect , the contractor [shall certify in writing,]
        S. 6460                            89                            A. 9560

     1  must comply with the requirements of subparagraphs one and two  of  this 
     2  paragraph. 
     3    (1)  The contractor must file a written certification with the depart- 
     4  ment, made under penalty of perjury, stating that:
     5    [(1)] (A) if the contractor [makes] made sales delivered by any  means
     6  to  locations  within the state of tangible personal property or taxable
     7  services having a value in excess  of  three  hundred  thousand  dollars
     8  during  the  immediately  preceding consecutive four sales tax quarters ,
     9  the contractor [holds a valid certificate of  authority]  is  registered 
    10  for  sales  and  compensating use tax purposes with the department under 
    11  sections eleven hundred thirty-four and twelve  hundred  fifty-three  of 
    12  this  chapter .  If the contractor [does] did not make sales delivered by
    13  any means to locations within the state of tangible personal property or
    14  taxable services having a value in  excess  of  three  hundred  thousand
    15  dollars  during  such four sales tax quarters , then the contractor shall
    16  so certify;
    17    [(2)] (B) if any affiliate of the contractor [makes] made sales deliv-
    18  ered by any means to locations within the  state  of  tangible  personal
    19  property  or  taxable services having a value in excess of three hundred
    20  thousand dollars during the immediately preceding consecutive four sales 
    21  tax quarters , to the best  of  the  contractor's  knowledge,  each  such
    22  affiliate  [holds  a  valid  certificate of authority] is registered for 
    23  sales and compensating  use  tax  purposes  with  the  department  under 
    24  sections  eleven  hundred  thirty-four and twelve hundred fifty-three of 
    25  this chapter . If the contractor does not have any  affiliates  [making], 
    26  or  does not have any affiliates which made sales delivered by any means
    27  to locations within the state of tangible personal property  or  taxable
    28  services  having  a  value  in  excess of three hundred thousand dollars
    29  during such four sales tax quarters , then the contractor shall so certi-
    30  fy; and
    31    [(3)] (C) if any subcontractor [or any affiliate of the  subcontractor 
    32  makes]  made  sales delivered by any means to locations within the state
    33  of tangible personal property or taxable  services  having  a  value  in
    34  excess  of three hundred thousand dollars during the immediately preced- 
    35  ing consecutive four sales tax quarters , to the best of the contractor's
    36  knowledge, each such subcontractor [and affiliate holds a valid  certif- 
    37  icate  of  authority]  is  registered for sales and compensating use tax 
    38  purposes with the department under sections eleven  hundred  thirty-four 
    39  and  twelve hundred fifty-three of this chapter . If [there is no subcon- 
    40  tractor] the contractor does not have any subcontractors, or  [affiliate 
    41  of  the  subcontractor]  there are no subcontractors [making] which made 
    42  sales delivered by any means to locations within the state  of  tangible
    43  personal  property or taxable services having a value in excess of three
    44  hundred thousand dollars during such four sales tax quarters ,  then  the
    45  contractor shall so certify.
    46    [(c)]  (D)  The [contractor's] certification[, along with true copies, 
    47  if applicable, of the certificate of authority held  by  the  contractor 
    48  and,  if  applicable, by, each affiliate of the contractor, each subcon- 
    49  tractor and each affiliate of the subcontractor, shall  be  incorporated 
    50  in,  and  made  a  part  of, the contract] required by this subparagraph 
    51  shall include such additional information as the department deems neces- 
    52  sary for the proper administration of this section .
    53    [(d)] (E) The certification required by this subparagraph need only be 
    54  filed with the department once and,  once  filed,  shall  be  deemed  to 
    55  satisfy the requirements of this subparagraph for purposes of any subse- 
    56  quent  contract  to  which the contractor is a party; provided, however, 
        S. 6460                            90                            A. 9560

     1  that if the contractor, or an affiliate or subcontractor, is not  certi- 
     2  fied  as  registered  with the department for sales and compensating use 
     3  tax purposes  on  the  contractor's  original  certification,  and  such 
     4  contractor,  affiliate  or  subcontractor  makes  sales delivered by any 
     5  means to locations within the state of  tangible  personal  property  or 
     6  taxable  services  having  a  value  in excess of three hundred thousand 
     7  dollars during any consecutive four sales tax quarters which follow  the 
     8  sales  tax  quarter in which the contractor's original certification was 
     9  made, then the contractor shall, as soon as possible after  such  occur- 
    10  rence,  file  an amended written certification with the department, made 
    11  under penalty of perjury, indicating that such contractor, affiliate  or 
    12  subcontractor,  as  applicable,  is  registered  with the department for 
    13  sales and compensating use tax purposes. 
    14    (2) The contractor shall also provide  the  procuring  covered  agency 
    15  with  a  written  certification,  made under penalty of perjury, stating 
    16  that: 
    17    (A) the contractor has filed  the  certification  prescribed  by  this 
    18  section  with the department, and that such certification is correct and 
    19  complete, or 
    20    (B) such certification is not required to be filed  with  the  depart- 
    21  ment, and explaining the reasons for such determination. 
    22    (C)  the certification required by this subparagraph shall be included 
    23  in the procurement record (as such term is defined in article eleven  of 
    24  the  state  finance  law),  or  similar documentation if the state comp- 
    25  troller is not required by law to approve the contract. 
    26    (D) any question as to the accuracy of  the  contractor  certification 
    27  described  in  clause  (B) of this subparagraph shall be resolved by the 
    28  contracting covered agency, in  consultation,  as  necessary,  with  the 
    29  state comptroller and the department. 
    30    (b)  A  contractor,  affiliate of the contractor, or subcontractor [or 
    31  affiliate of the subcontractor] which registers for sales and compensat-
    32  ing use tax purposes  [with  the  commissioner]  under  sections  eleven
    33  hundred  thirty-four  and  twelve hundred fifty-three of this chapter in
    34  order to comply with the provisions of this subdivision  shall  [file  a 
    35  certificate  of  registration with the commissioner at least twenty days 
    36  prior to the date the contract is to be submitted for  approval  to  the 
    37  state  comptroller  or,  in  cases in which the state comptroller is not 
    38  required to approve the contract, to such other agency or  unit  thereof 
    39  responsible for approval of the contract. Once registered, such contrac- 
    40  tor,  affiliate  of  the  contractor,  subcontractor or affiliate of the 
    41  subcontractor shall] be a vendor and shall comply with and be subject to
    42  the provisions of articles twenty-eight and twenty-nine of this chapter.
    43    [(e)] (c) The [registration  requirement]  certification  requirements 
    44  prescribed  by this subdivision in order for a contract to [be approved]
    45  take effect shall be in addition to any other requirements prescribed by
    46  law [for approval] relating to the formation of  contracts  to  which  a
    47  covered agency is a party.
    48    3.  (a)  [During  the term of a contract, the contractor shall, at the 
    49  times specified in paragraph (b) of this subdivision,] If a contract has 
    50  taken effect, and the terms of such contract  provide  that  it  may  be 
    51  renewed  upon  expiration  of  an  initial  or subsequent term, then the 
    52  contractor shall, no later than the day prior to the  commencement  date 
    53  of the applicable renewal term, certify to the contracting covered agen- 
    54  cy in writing, and under penalty of perjury, that:
    55    (1) [if the contractor makes sales delivered by any means to locations 
    56  within  the  state  of  tangible  personal  property or taxable services 
        S. 6460                            91                            A. 9560

     1  having a value in excess of three hundred thousand dollars, the contrac- 
     2  tor holds a valid certificate of authority. If the contractor  does  not 
     3  make  sales  delivered  by  any  means  to locations within the state of 
     4  tangible  personal property or taxable services having a value in excess 
     5  of three hundred thousand dollars, then the contractor shall so certify; 
     6  and 
     7    (2) if any affiliate of the contractor makes sales  delivered  by  any 
     8  means  to  locations  within  the state of tangible personal property or 
     9  taxable services having a value in  excess  of  three  hundred  thousand 
    10  dollars,  to the best of the contractor's knowledge, each such affiliate 
    11  holds a valid certificate of authority. If the contractor does not  have 
    12  any  affiliates  making sales delivered by any means to locations within 
    13  the state of tangible personal property or  taxable  services  having  a 
    14  value  in  excess of three hundred thousand dollars, then the contractor 
    15  shall so certify; and 
    16    (3) if any subcontractor or any affiliate of the  subcontractor  makes 
    17  sales  delivered  by any means to locations within the state of tangible 
    18  personal property or taxable services having a value in excess of  three 
    19  hundred  thousand  dollars,  to  the best of the contractor's knowledge, 
    20  each such subcontractor and  affiliate  holds  a  valid  certificate  of 
    21  authority.  If there is no subcontractor or affiliate of the subcontrac- 
    22  tor making sales delivered by any means to locations within the state of 
    23  tangible personal property or taxable services having a value in  excess 
    24  of three hundred thousand dollars, then the contractor shall so certify]
    25  the  contractor  has  filed the certification prescribed by this section 
    26  with  the  department,  and  that  such  certification  is  correct  and 
    27  complete, or 
    28    (2)  that  such  certification  is  not  required to be filed with the 
    29  department, and explains the reasons for such determination. 
    30    (3) Any question as to the accuracy of  the  contractor  certification 
    31  described in subparagraph two of this paragraph shall be resolved by the 
    32  contracting  covered  agency,  in  consultation,  as necessary, with the 
    33  state comptroller and the department .
    34    (b) [The contractor's certification shall be made: 
    35    (1) in the case of an approved contract having a term of more than one 
    36  year, annually, by the day prior to the commencement date  of  the  next 
    37  succeeding year of the contract; 
    38    (2) in the case of an approved contract which authorizes renewal ther- 
    39  eof at the conclusion of an initial or subsequent term, by the day prior 
    40  to the commencement date of the applicable renewal term. 
    41    (c)]  The  [contractor's]  certification[,  along with true copies, if 
    42  applicable, of the certificate of authority held by the contractor  and, 
    43  if  applicable,  by each affiliate of the contractor, each subcontractor 
    44  and each affiliate of the subcontractor making sales  delivered  by  any 
    45  means  to  locations  within  the state of tangible personal property or 
    46  taxable services having a value in  excess  of  three  hundred  thousand 
    47  dollars,] required by paragraph (a) of this subdivision shall be [incor- 
    48  porated in, and] made a part of[,] the [contract] procurement record (as 
    49  such  term  is  defined  in article eleven of the state finance law), or 
    50  similar documentation if the state comptroller is not required by law to 
    51  approve the contract .
    52    [(d)] (c) If[, at the times specified in paragraph (b) of this  subdi- 
    53  vision,]  the  contractor  fails  to  make the certification required by
    54  paragraph (a) of this  subdivision,  or  if,  during  the  term  of  the
    55  contract,  the  department  or  the  covered  agency discovers that such
    56  certification [was] is false [when made], then  such  failure  or  false
        S. 6460                            92                            A. 9560

     1  certification  shall  be  a  material  breach  of  the contract, and the
     2  contract shall be subject to termination if the  covered  agency  deter-
     3  mines  that  such  action  is in the best interests of [such agency] the 
     4  state .
     5    [(e)]  (d) A contractor, affiliate of the contractor, or subcontractor
     6  [or affiliate of  the  subcontractor]  which  registers  for  sales  and
     7  compensating  use  tax  purposes  [with the commissioner] under sections
     8  eleven hundred thirty-four and twelve hundred fifty-three of this  chap-
     9  ter  in  order  to  comply  with the provisions of paragraph (a) of this
    10  subdivision shall [file a certificate of registration with  the  commis- 
    11  sioner at least twenty days prior to making sales delivered by any means 
    12  to  locations  within the state of tangible personal property or taxable 
    13  services having a value in excess of  three  hundred  thousand  dollars. 
    14  Once  registered,  such contractor, affiliate of the contractor, subcon- 
    15  tractor or affiliate of the subcontractor shall] be a vendor  and  shall
    16  comply  with  and  be subject to the provisions of articles twenty-eight
    17  and twenty-nine of this chapter.
    18    4. [The department shall create and maintain  an  electronic  database 
    19  containing information regarding persons registered with the commission- 
    20  er  under  sections eleven hundred thirty-four and twelve hundred fifty- 
    21  three of this chapter and persons whose certificates of authority issued 
    22  under or pursuant to such provisions have been suspended, revoked or not 
    23  renewed. Such database shall be made available to covered  agencies  for 
    24  query  as  to  the sales and compensating use tax registration status of 
    25  contractors and their affiliates  and  their  subcontractors  and  their 
    26  affiliates. 
    27    5.] The provisions of this section shall not apply to a contract if[: 
    28    (a) the covered agency determines in writing that 
    29    (1)  the  contract  is necessary to address an "emergency," within the 
    30  meaning of article eleven of the state finance law, and  the  contractor 
    31  is the only person capable of fulfilling the contract; 
    32    (2)  the  contract  is  necessary to ensure the provision of essential 
    33  services, and the contractor is the only person  capable  of  fulfilling 
    34  the contract; or 
    35    (3)  the contract is necessary to ensure the public health, safety and 
    36  welfare, and the contractor is the only person capable of fulfilling the 
    37  contract; and 
    38    (b) the state comptroller or, in cases in which the state  comptroller 
    39  is not required to approve the contract, such other agency or unit ther- 
    40  eof responsible for approval of the contract, in writing: 
    41    (1)  concurs, with the determination of the covered agency that one or 
    42  more of the conditions specified in paragraph (a)  of  this  subdivision 
    43  apply; and 
    44    (2) explains, the reasons supporting such determination] the procuring 
    45  covered  agency  and the state comptroller, or other approving authority 
    46  if the state comptroller is not required to approve the  contract,  find 
    47  in  writing  that  the  contract is necessary to address an "emergency," 
    48  within the meaning of article eleven of the state  finance  law,  or  to 
    49  ensure  the public health, safety or welfare. Such written finding shall 
    50  explain the reasons supporting such determination .
    51    § 2. This act shall  take  effect  immediately,  and  shall  apply  to
    52  contracts,  as  defined  in  section  5-a of the tax law, resulting from
    53  solicitations to purchase issued by covered agencies on or after January
    54  1, 2005 and awarded, amended, extended or assigned on or after the  date
    55  this act shall have become a law.
        S. 6460                            93                            A. 9560

     1                                   PART GG

     2  Section  1.  The tax law is amended by adding a new section 1621 to read
     3  as follows:
     4    § 1621.  Video lottery franchise gaming. a.  The  division  is  hereby 
     5  authorized  to  license, pursuant to rules and regulations to be promul- 
     6  gated by the division, the operation and conduct  of  a  lottery  to  be 
     7  known  as  video lottery franchise gaming to be conducted at up to three 
     8  venues  throughout  the  state,  each  requiring  a  separate   license. 
     9  Licenses  shall  be  awarded  by the division on a competitive basis and 
    10  each proposed video lottery franchise location shall be subject  to  the 
    11  approval  of  the  division. Any entity, including but not limited to an 
    12  off-track betting corporation, which demonstrates to the satisfaction of 
    13  the division that it possesses the qualifications and expertise to oper- 
    14  ate video lottery franchise gaming shall be  eligible  to  competitively 
    15  bid  for  one  or  more  available licenses; provided, however, that the 
    16  following geographic restrictions shall apply: (i) except  as  otherwise 
    17  authorized  in  this  section,  a license may not be granted pursuant to 
    18  this section for  any  location  within  fifteen  miles  of  a  facility 
    19  licensed  pursuant  to section sixteen hundred seventeen-a of this arti- 
    20  cle; (ii) the operation of video lottery franchise gaming as  authorized 
    21  by  this  section within the city of New York shall be permitted only in 
    22  the counties of New York (south  of fifty-ninth street), Kings and Rich- 
    23  mond; and (iii) a license may not be granted pursuant  to  this  section 
    24  for  any  location  within  the  counties  of  Westchester, Rockland and 
    25  Putnam. Notwithstanding any inconsistent provision of law, video lottery 
    26  franchise gaming at each approved  location  pursuant  to  this  section 
    27  shall be deemed an approved activity at such location under the relevant 
    28  city,  county,  town, or village land use or zoning ordinances, rules or 
    29  regulations. No entity operating video lottery franchise gaming pursuant 
    30  to this section may house such gaming activity in a structure deemed  or 
    31  approved by the division as "temporary" for longer than eighteen months. 
    32    b.  The  division shall promulgate rules and regulations governing all 
    33  aspects of the operation and conduct of video lottery franchise  gaming, 
    34  including  but  not limited to, the criteria for awarding such licenses, 
    35  establishing license fees, approving locations, setting agent  fees  and 
    36  establishing  hours  of  operation,  subject to the requirements of this 
    37  section. Criteria for awarding licenses shall include, but not be limit- 
    38  ed to, maximizing financial support for education, timely implementation 
    39  of video lottery franchise gaming, location and quality of the  facility 
    40  and  expertise  of  the  applicant.  Such  rules  and regulations may be 
    41  adopted on an emergency basis pursuant to section two hundred two of the 
    42  state administrative procedure act. 
    43    c. In consideration  of  its  licensure  and  participation  in  video 
    44  lottery franchise gaming, each licensee shall pay a one-time license fee 
    45  to  be  established  by the division for each license issued, to be paid 
    46  into the state treasury, to the credit of the state lottery fund created 
    47  by section ninety-two-c of the state finance law. 
    48    d. The specifications for video  lottery  franchise  gaming  shall  be 
    49  designed  in  such  a  manner as to pay prizes that average no less than 
    50  ninety percent of sales. 
    51    e. Notwithstanding section one hundred twenty-one of the state finance 
    52  law, on or before the twentieth day of each month,  the  division  shall 
    53  pay  into  the  state treasury, to the credit of a separate and distinct 
    54  account known as the sound basic  education  account  within  the  state 
    55  lottery  fund  created by section ninety-two-c of the state finance law, 
        S. 6460                            94                            A. 9560

     1  the balance of the total revenue after payout for prizes, less an amount 
     2  established by such rules and regulations to be retained by the division 
     3  for operation, administration  and  procurement  purposes;  and  less  a 
     4  lottery  agent  fee  to be paid to each licensee at a rate, to be estab- 
     5  lished by such rules and regulations, not to exceed  twenty  percent  of 
     6  total  revenue  wagered  after  payout  of prizes at such agent facility 
     7  which will provide the maximum lottery support for education while  also 
     8  ensuring the effective implementation of this section through reasonable 
     9  reimbursement  and  compensation  to  the licensees for participation in 
    10  video lottery franchise gaming. 
    11    f. The director shall be authorized to  enter  into  contracts  as  an 
    12  agent  of  the state with private entities and non-profit racing associ- 
    13  ations licensed pursuant to this section  and  section  sixteen  hundred 
    14  seventeen-a  of  this  article  to encourage the timely participation in 
    15  video lottery gaming. Such contracts may include  a  commitment  by  the 
    16  state  that  each video lottery gaming facility shall have the exclusive 
    17  right to operate such facility at its licensed location consistent  with 
    18  the geographical restrictions contained in subdivision a of this section 
    19  for  a  term of ten years. Notwithstanding any other provision of law to 
    20  the contrary, an agreement by a video lottery gaming  facility  operator 
    21  to  build  and operate a licensed video lottery gaming facility shall be 
    22  deemed good and valid consideration for a commitment by  the  state  for 
    23  such exclusive right to operate such facility. 
    24    g.  Notwithstanding  any  law  to  the contrary, the division shall be 
    25  authorized  to  amend,  upon  negotiated  agreement,  competitively  bid 
    26  contracts  in  force  and valid on the effective date of this section in 
    27  connection with video lottery  gaming  authorized  pursuant  to  section 
    28  sixteen  hundred  seventeen-a of this article to allow those contractors 
    29  to provide goods and services in furtherance of  this  section,  and  to 
    30  extend the terms of such contracts. 
    31    § 2. This act shall take effect immediately.

    32                                   PART HH

    33  Section  1. The opening paragraph of subdivision 1 and the opening para-
    34  graph of subdivision 2 of section 1309 of the abandoned property law, as
    35  amended by chapter 591 of the laws of  1979,  are  amended  to  read  as
    36  follows:
    37    Any  amount  held  or  owing  by any organization other than a banking
    38  organization for the payment of a travelers check on which  such  organ-
    39  ization is directly liable[, sold by such organization on or after Janu- 
    40  ary  first, nineteen hundred thirty,] shall be deemed abandoned property
    41  if such amount is held or owing for payment of a travelers  check  which
    42  shall  have been outstanding for more than [fifteen] five years from the
    43  date of its sale and
    44    Any amount held or owing by any such organization for the payment of a
    45  money order, or for the payment of any instrument  drawn  or  issued  to
    46  effect  the  payment  therefor,  [sold  by such organization on or after 
    47  January first, nineteen hundred thirty] shall be deemed abandoned  prop-
    48  erty when such amount has remained unpaid to the person entitled thereto
    49  for [seven] five years and
    50    §  2.  Paragraph  (c) of subdivision 1 of section 300 of the abandoned
    51  property law, as amended by chapter 15 of the laws of 1983, subparagraph
    52  (ii) as amended by chapter 61 of the laws of 1989, is amended to read as
    53  follows:
        S. 6460                            95                            A. 9560

     1    (c) Any amount held or owing by a banking organization for the payment
     2  of a negotiable instrument under article three of the uniform commercial
     3  code or a certified check whether  negotiable  or  not,  on  which  such
     4  organization  is  directly  liable,  which  instrument  shall  have been
     5  outstanding  for more than [five] three years from the date it was paya-
     6  ble or from the date of its issuance, if payable  on  demand;  provided,
     7  however, the provisions of this paragraph (c) shall not apply
     8    (i)  to  any  negotiable  instrument  payable  outside the continental
     9  limits of the United States, or
    10    (ii) to any instrument payable in currency other  than  United  States
    11  currency.
    12    §  3.  Subdivision 1 of section 1315 of the abandoned property law, as
    13  amended by chapter 166 of the laws  of  1991,  is  amended  to  read  as
    14  follows:
    15    1.  Any  [amount  representing  outstanding checks issued on and after 
    16  July first, nineteen hundred seventy-four in payment for  goods  or  for 
    17  services  and  any]  unclaimed  amount  for services not rendered or for
    18  goods not delivered, which amount was received after July  first,  nine-
    19  teen hundred seventy-four, or in the case of a public utility company as
    20  that  term  is defined in subdivision twenty-three of section two of the
    21  public service law, on or after July first, nineteen hundred eighty, and
    22  any unclaimed amount  representing  unredeemed  gift  certificates  sold
    23  after  December  thirty-first,  nineteen hundred eighty-three, including
    24  gift certificates for merchandise only in which case the face  value  of
    25  such  certificate shall be deemed the amount deemed abandoned, and owing
    26  in this state, or held by any corporation (other than  a  public  corpo-
    27  ration),  joint  stock  company,  individual, association of two or more
    28  individuals, committee or business trust in this state,  and  which  has
    29  remained  unclaimed by the owner of such amount for five years, shall be
    30  deemed abandoned property.
    31    § 4. Section 1315 of the abandoned property law is amended by adding a
    32  new subdivision 1-a to read as follows:
    33    1-a. Any amount representing outstanding checks issued  on  and  after 
    34  July  first,  nineteen  hundred seventy-four in payment for goods or for 
    35  services, and owing in this state, or held  by  any  corporation  (other 
    36  than a public corporation), joint stock company, individual, association 
    37  of  two  or more individuals, committee or business trust in this state, 
    38  and which has remained unclaimed by the owner of such amount  for  three 
    39  years, shall be deemed abandoned property. 
    40    §  5.  This  act  shall  take effect April 1, 2006, and shall apply to
    41  every amount held or owing for payment of a  travelers  check  or  money
    42  order  by  any  organization,  other  than a banking organization, on or
    43  after such date regardless of whether such  amount  was  held  or  owing
    44  prior to such effective date.

    45                                   PART II

    46  Section  1.  Subdivisions 1, 2, 3 and 5 of section 284-e of the tax law,
    47  as added by section 4 of part K of chapter 61 of the laws of  2005,  are
    48  amended to read as follows:
    49    1. General. (a) Notwithstanding any other provision of this article to
    50  the  contrary  qualified Indians may purchase motor fuel or Diesel motor
    51  fuel for such qualified Indians' own use or consumption exempt from  the
    52  motor fuel tax or Diesel motor fuel tax on [their nations' or tribes'] a 
    53  qualified  [reservations] reservation .   However, such qualified Indians
    54  purchasing motor fuel or Diesel motor fuel off [their reservations or on 
        S. 6460                            96                            A. 9560

     1  another nation's or tribe's] a qualified  reservation,  and  non-Indians
     2  making  motor  fuel or Diesel motor fuel purchases on an Indian reserva-
     3  tion shall not be exempt from paying the motor fuel tax or Diesel  motor
     4  fuel  tax  when  purchasing  motor fuel or Diesel motor fuel within this
     5  state. Accordingly, all motor fuel and Diesel  motor  fuel  sold  on  an
     6  Indian  reservation  to  [non-members  of  the nation or tribe] a person 
     7  other than a qualified Indian or to non-Indians shall be taxed.
     8    (b) In order to ensure an adequate quantity of motor fuel  and  Diesel
     9  motor  fuel  on  Indian reservations which may be purchased by qualified
    10  Indians exempt from the motor fuel tax and Diesel motor  fuel  tax,  the
    11  department  shall  provide  Indian  nations and tribes within this state
    12  with Indian tax exemption coupons as set forth in this section. A reser-
    13  vation motor fuel seller shall  be  able  to  present  such  Indian  tax
    14  exemption  coupons to a distributor licensed pursuant to this article in
    15  order to purchase motor fuel or Diesel motor fuel exempt from the  impo-
    16  sition of the motor fuel tax or Diesel motor fuel tax. Qualified Indians
    17  may  purchase  motor  fuel or Diesel motor fuel from a reservation motor
    18  fuel seller exempt from the motor fuel tax or Diesel motor fuel tax even
    19  though the motor fuel tax or Diesel motor fuel tax on such motor fuel or
    20  Diesel motor fuel will have been  previously  paid  or  assumed  by,  or
    21  passed through to such distributor.
    22    2.  Indian  tax  exemption  coupons.  (a) Indian tax exemption coupons
    23  shall be provided to the recognized governing body of each Indian nation
    24  or tribe to ensure that each Indian nation or  tribe  can  obtain  motor
    25  fuel  and  Diesel  motor  fuel upon which the tax shall not be collected
    26  that is for the use or consumption by the nation or  tribe  or  by  [the 
    27  members  of  such  nation  or tribe] qualified Indians .   The Indian tax
    28  exemption coupons shall be provided to the Indian nations or tribes on a
    29  quarterly basis for each of the four quarters beginning with  the  first
    30  day  of  December,  March,  June, and September. It is intended that the
    31  Indian nations or tribes will retain the amount of Indian tax  exemption
    32  coupons  they  will  need each quarter to purchase motor fuel and Diesel
    33  motor fuel for official nation or tribal use, and  will  distribute  the
    34  remaining Indian tax exemption coupons to reservation motor fuel sellers
    35  [on  such  nations'  or  tribes'  qualified  reservations].  Only Indian
    36  nations or tribes or reservation motor fuel sellers on [their] qualified
    37  reservations may redeem such Indian tax exemption  coupons  pursuant  to
    38  this section.
    39    (b)  The  amount  of  Indian  tax exemption coupons to be given to the
    40  recognized governing body of each Indian nation or tribe shall be  based
    41  upon the probable demand of the qualified Indians [on] of such [nation's 
    42  or tribe's qualified reservation] nation or tribe plus the amount needed
    43  for official nation or tribal use.
    44    (i)  Probable  demand shall be determined by reference to, among other
    45  data, the United  States  average  motor  fuel  and  Diesel  motor  fuel
    46  consumption  per  capita,  as  compiled  for the most recently completed
    47  calendar or fiscal year, multiplied by the number of  qualified  Indians
    48  for each such affected Indian nation or tribe.
    49    (ii)  In  making  a  determination  of probable demand, the department
    50  shall take into consideration any evidence submitted by such  recognized
    51  governing body relating to such probable demand (e.g., a verified record
    52  of  previous  sales  to qualified Indians or other statistical evidence)
    53  and/or relating to the amount needed for such nation's or tribe's  offi-
    54  cial use.
    55    (c)  Each  Indian  tax  exemption  coupon shall consist of a retention
    56  portion for a distributor's  recordkeeping  purposes  and  a  redemption
        S. 6460                            97                            A. 9560

     1  portion for a distributor's submission to the department when claiming a
     2  refund  as  set  forth  in  paragraph  (a)  of  subdivision four of this
     3  section, and shall contain the following information:
     4    (i) the identity of the Indian nation or tribe to which it is issued;
     5    (ii)  the  identity  and  the  quantity of the product for which it is
     6  issued;
     7    (iii) the date of issuance and the date of expiration; and
     8    (iv) any other information as the commissioner may deem appropriate.
     9    3. Tax exempt purchases. (a) An Indian nation or  tribe  may  purchase
    10  motor fuel and Diesel motor fuel for its own official use or consumption
    11  from  a  distributor registered pursuant to this article without payment
    12  of the motor fuel tax or Diesel motor fuel tax to the  extent  that  the
    13  Indian  nation  or  tribe  provides  such  distributor  with  Indian tax
    14  exemption coupons entitling the Indian nation or tribe to purchase  such
    15  quantities  of  motor  fuel and Diesel motor fuel as allowed for on each
    16  Indian tax exemption coupon without paying the motor fuel tax or  Diesel
    17  motor fuel tax.
    18    (b)  A  qualified Indian may purchase motor fuel and Diesel motor fuel
    19  for his or her own use or consumption without payment of the motor  fuel
    20  tax  or  Diesel motor fuel tax, provided that the qualified Indian makes
    21  such purchase [at] on  a qualified reservation.
    22    (c) A reservation motor fuel seller may purchase motor fuel and Diesel
    23  motor fuel for resale without payment of the motor fuel  tax  or  Diesel
    24  motor fuel tax from a distributor registered pursuant to this article:
    25    (i) provided that such reservation motor fuel seller brings such motor
    26  fuel  or Diesel motor fuel or causes it to be delivered onto a qualified
    27  reservation for resale on such reservation; and
    28    (ii) to the extent that such reservation motor  fuel  seller  provides
    29  such  distributor with Indian tax exemption coupons entitling the reser-
    30  vation motor fuel seller to purchase such quantities of motor  fuel  and
    31  Diesel  motor  fuel  as  allowed for on each Indian tax exemption coupon
    32  without paying the motor fuel tax or Diesel motor fuel tax.
    33    (d) A distributor shall not collect or pass through, as the  case  may
    34  be,  the  motor  fuel tax or Diesel motor fuel tax from any purchaser to
    35  the extent the purchaser gives such  distributor  Indian  tax  exemption
    36  coupons  entitling  the  purchaser  to purchase such quantities of motor
    37  fuel or Diesel motor fuel  as  allowed  for  on  each  such  Indian  tax
    38  exemption  coupon without paying the motor fuel tax or Diesel motor fuel
    39  tax.
    40    5. Tax agreements with Indian nations or tribes. If an  Indian  nation
    41  or  tribe  enters  into an agreement with the state [and the legislature 
    42  approves such agreement] regarding the sale and  distribution  of  motor
    43  fuel  or Diesel motor fuel on the nation's or tribe's qualified reserva-
    44  tion, the terms  of  such  agreement  shall  take  precedence  over  the
    45  provisions of this article and exempt such nation from such taxes to the
    46  extent  that  such  taxes are specifically referred to in the agreement,
    47  and the sale or distribution, including  transportation,  of  any  motor
    48  fuel  or Diesel motor fuel to the nation's or tribe's qualified reserva-
    49  tion shall be in accordance with the provisions of such agreement.
    50    § 1-a. Subdivision 19 of section 282 of  the  tax  law,  as  added  by
    51  section  3  of  part  K of chapter 61 of the laws of 2005, is amended to
    52  read as follows:
    53    19. "Qualified Indian" means a person  duly  enrolled  on  the  tribal
    54  rolls of one of the Indian nations or tribes. [In the case of the Cayuga 
    55  Indian  Nation  of New York, such term shall include enrolled members of 
        S. 6460                            98                            A. 9560

     1  such nation when such enrolled members purchase motor fuel on any Seneca 
     2  reservation.]
     3    § 2. Subdivisions 11 and 13 of section 470 of the tax law, subdivision
     4  11  as  amended  by chapter 61 of the laws of 1989 and subdivision 13 as
     5  added by chapter 629 of the laws of 1996, are amended and a new subdivi-
     6  sion 18 is added to read as follows:
     7    11. "Agent." Any person licensed by the commissioner [of taxation  and 
     8  finance]  to  purchase  and affix adhesive or meter stamps and to obtain 
     9  and affix Indian export decals on  packages  of  cigarettes  under  this
    10  article.
    11    13.  "Unstamped or unlawfully stamped packages of cigarettes." A pack-
    12  age of cigarettes which bears no tax stamp, or  which  bears  an  Indian 
    13  export  decal ,  or  which  bears  a tax stamp of another state or taxing
    14  jurisdiction is considered to be an unstamped package of  cigarettes.  A
    15  package of cigarettes bearing a counterfeit New York state or a counter-
    16  feit  joint  state  and New York city tax stamp is an unlawfully stamped
    17  package of cigarettes.
    18    18. Indian export decal.  Any  adhesive  decal,  metered  decal,  heat 
    19  transfer  decal or other form of evidence that the cigarettes upon which 
    20  such decal has been affixed are to be exported out of this  state  by  a 
    21  reservation  cigarette  seller.  Such  Indian  export decal shall not be 
    22  considered to be a stamp for purposes of this article and shall  not  be 
    23  deemed evidence of the payment of the tax imposed under this article. 
    24    §  2-a.  Subdivision  15  of  section  470 of the tax law, as added by
    25  section 1 of part K of chapter 61 of the laws of  2005,  is  amended  to
    26  read as follows:
    27    15.  "Qualified Indian." A person duly enrolled on the tribal rolls of
    28  one of the Indian nations or tribes. [In the case of the  Cayuga  Indian 
    29  Nation  of  New  York,  such term shall include enrolled members of such 
    30  nation when such enrolled members  purchase  cigarettes  on  any  Seneca 
    31  reservation.]
    32    §  3.  Subdivision  1  of  section  471  of the tax law, as amended by
    33  section 30 of part A of chapter 1 of the laws of  2002,  is  amended  to
    34  read as follows:
    35    1.  There  is hereby imposed and shall be paid a tax on all cigarettes
    36  possessed in the state by any person for sale and to which an  agent  is 
    37  required to affix stamps under this article , except that no tax shall be
    38  imposed  on  cigarettes sold under such circumstances that this state is
    39  without power to impose such tax or sold to the United States or sold to
    40  or by a voluntary unincorporated organization of the armed forces of the
    41  United States operating a place for the sale of goods pursuant to  regu-
    42  lations  promulgated  by  the appropriate executive agency of the United
    43  States, to the extent provided in such regulations and policy statements
    44  of such an agency applicable to such sales. Such tax on cigarettes shall
    45  be at the rate of seventy-five cents for each ten cigarettes or fraction
    46  thereof, provided, however, that if a  package  of  cigarettes  contains
    47  more  than  twenty cigarettes, the rate of tax on the cigarettes in such
    48  package in excess of twenty shall be thirty-seven and one-half cents for
    49  each five cigarettes or fraction thereof. Such tax  is  intended  to  be
    50  imposed  upon  only one sale of the same package of cigarettes. It shall
    51  be presumed that all cigarettes within the  state  are  subject  to  tax
    52  until  the  contrary  is  established,  and the burden of proof that any
    53  cigarettes are not  taxable  hereunder  shall  be  upon  the  person  in
    54  possession thereof.
        S. 6460                            99                            A. 9560

     1    § 4. Subdivisions 1, 2 and 5 of section 471-e of the tax law, as added
     2  by section 2 of part K of chapter 61 of the laws of 2005, are amended to
     3  read as follows:
     4    1.  General.  (a) Notwithstanding any provision of this article to the
     5  contrary qualified Indians may purchase cigarettes  for  such  qualified
     6  Indians'  own  use  or  consumption  exempt from cigarette tax on [their 
     7  nations' or tribes'] a qualified [reservations] reservation .    However,
     8  such  qualified Indians purchasing cigarettes off [their reservations or 
     9  on another nation's or tribe's] a qualified reservation, and non-Indians
    10  making cigarette purchases on an Indian reservation shall not be  exempt
    11  from  paying  the  cigarette  tax when purchasing cigarettes within this
    12  state. Accordingly, all cigarettes sold  on  an  Indian  reservation  to
    13  [non-members  of  the  nation  or tribe] a person other than a qualified 
    14  Indian or to non-Indians shall be taxed, and evidence of such  tax  will
    15  be by means of an affixed cigarette tax stamp.
    16    (b)  In  order  to ensure an adequate quantity of cigarettes on Indian
    17  reservations which may be purchased by qualified Indians exempt from the
    18  cigarette tax, the department shall provide Indian  nations  and  tribes
    19  within this state with Indian tax exemption coupons as set forth in this
    20  section.  A  reservation  cigarette seller shall be able to present such
    21  Indian tax exemption coupons to a wholesale dealer licensed pursuant  to
    22  this  article  in  order  to purchase stamped cigarettes exempt from the
    23  imposition of the cigarette tax. Qualified Indians  may  purchase  ciga-
    24  rettes from a reservation cigarette seller exempt from the cigarette tax
    25  even though such cigarettes will have an affixed cigarette tax stamp.
    26    2.  Indian  tax  exemption  coupons.  (a) Indian tax exemption coupons
    27  shall be provided to the recognized governing body of each Indian nation
    28  or tribe to ensure that each Indian nation or  tribe  can  obtain  ciga-
    29  rettes  upon which the tax will not be collected that are for the use or
    30  consumption by the nation or tribe or by [the members of such nation  or 
    31  tribe]  qualified  Indians .    The Indian tax exemption coupons shall be
    32  provided to the Indian nations or tribes on a quarterly basis  for  each
    33  of  the  four  quarters beginning with the first day of December, March,
    34  June, and September. It is intended that the Indian  nations  or  tribes
    35  will  retain  the  amount of Indian tax exemption coupons they will need
    36  each quarter to purchase cigarettes for official nation or  tribal  use,
    37  and will distribute the remaining Indian tax exemption coupons to reser-
    38  vation cigarette sellers [on such nations' or tribes' qualified reserva- 
    39  tions].  Only  Indian nations or tribes or reservation cigarette sellers
    40  on [their] qualified reservations may redeem such Indian  tax  exemption
    41  coupons pursuant to this section.
    42    (b)  The  amount  of  Indian  tax exemption coupons to be given to the
    43  recognized governing body of each Indian nation or tribe shall be  based
    44  upon the probable demand of the qualified Indians [on] of such [nation's 
    45  or tribe's qualified reservation] nation or tribe plus the amount needed
    46  for official nation or tribal use.
    47    (i)  Probable  demand shall be determined by reference to, among other
    48  data, the United States average cigarette  consumption  per  capita,  as
    49  compiled for the most recently completed calendar or fiscal year, multi-
    50  plied  by  the number of qualified Indians for each such affected Indian
    51  nation or tribe.
    52    (ii) In making a determination  of  probable  demand,  the  department
    53  shall  take into consideration any evidence submitted by such recognized
    54  governing body relating to such  probable  demand  (e.g.,  a  verifiable
    55  record  of  previous  sales  to  qualified  Indians or other statistical
        S. 6460                            100                           A. 9560

     1  evidence) and/or relating to the amount  needed  for  such  nation's  or
     2  tribe's official use.
     3    (c)  Each  Indian  tax  exemption  coupon shall consist of a retention
     4  portion for a wholesale dealer's recordkeeping purposes and a redemption
     5  portion for a wholesale  dealer's  submission  to  the  department  when
     6  claiming  a refund as set forth in subdivision four of this section, and
     7  shall contain the following information:
     8    (i) the identity of the Indian nation or tribe to which it is issued;
     9    (ii) the identity and the quantity of the  product  for  which  it  is
    10  issued;
    11    (iii) the date of issuance and the date of expiration; and
    12    (iv) any other information as the commissioner may deem appropriate.
    13    5.  Tax  agreements with Indian nations or tribes. If an Indian nation
    14  or tribe enters into an agreement with the state  [and  the  legislature 
    15  approves  such  agreement]  regarding the sale and distribution of ciga-
    16  rettes on the nation's or tribe's qualified reservation,  the  terms  of
    17  such agreement shall take precedence over the provisions of this article
    18  and exempt such nation from such taxes to the extent that such taxes are
    19  specifically referred to in the agreement, and the sale or distribution,
    20  including  transportation,  of any cigarettes to the nation's or tribe's
    21  qualified reservation shall be in accordance with the provisions of such
    22  agreement.
    23    § 5. The tax law is amended by adding a new section 471-f to  read  as
    24  follows:
    25    §  471-f. Indian exports.  1. Indian export coupons. (a) Indian export 
    26  coupons shall be provided to the recognized governing body of each Indi- 
    27  an nation or tribe within this state to ensure that each  Indian  nation 
    28  or  tribe  can obtain cigarettes for export out of this state upon which 
    29  the tax under this article  will  not  be  imposed.  The  Indian  export 
    30  coupons shall be provided to the Indian nations or tribes on a quarterly 
    31  basis  for  each  of  the  four quarters beginning with the first day of 
    32  December, March, June, and September,  in  anticipation  of  the  Indian 
    33  nations  or  tribes distributing these Indian export coupons to reserva- 
    34  tion cigarette sellers on qualified  reservations  for  their  sales  of 
    35  cigarettes exported outside this state. Only reservation cigarette sell- 
    36  ers  on  qualified  reservations  may  redeem such Indian export coupons 
    37  pursuant to this section. 
    38    (b) The amount of Indian export coupons to be given to the  recognized 
    39  governing  body  of  each Indian nation or tribe shall be based upon the 
    40  probable demand of reservation cigarette  sellers  for  their  sales  of 
    41  cigarettes exported outside this state. 
    42    (i)  Probable  demand shall be determined by taking into consideration 
    43  any evidence submitted by such recognized  governing  body  relating  to 
    44  such probable demand (e.g., copies of reports filed under Chapter 10A of 
    45  Title  15  of  the  United States Code (Jenkins Act) or other verifiable 
    46  records of previous export  sales  by  reservation  cigarette  sellers). 
    47  Except  as  provided in subparagraph (ii) of this paragraph, in order to 
    48  ensure timely consideration such evidence  shall  be  submitted  to  the 
    49  commissioner  by  the  recognized  governing body of the affected Indian 
    50  nation or tribe at least two months prior to the start of the applicable 
    51  quarter. For any applicable quarter, such evidence shall be  based  upon 
    52  export  sales  made  in  the  quarter  that  is two quarters immediately 
    53  preceding such quarter. 
    54    (ii) (A) The  commissioner  shall  provide  the  recognized  governing 
    55  bodies  of  each Indian nation or tribe with a quantity of Indian export 
    56  coupons to cover the first forty-five days of the first quarter to which 
        S. 6460                            101                           A. 9560

     1  this section is applicable. The amount of  such  Indian  export  coupons 
     2  shall  be  equal to fifty percent of the amount of total cigarette sales 
     3  reported by agents as  made  on  each  qualified  reservation,  on  such 
     4  agents'  returns  filed  with  the  commissioner for each of the fourth, 
     5  fifth, and sixth months preceding such quarter. 
     6    (B) To obtain Indian export coupons for the remainder of such quarter, 
     7  the evidence required by subparagraph (i) of  this  paragraph  shall  be 
     8  submitted  by  the  fifteenth day of such quarter to the commissioner by 
     9  such recognized governing body. 
    10    (iii) In the event  that  the  quantities  of  Indian  export  coupons 
    11  provided to the recognized governing bodies pursuant to subparagraph (i) 
    12  or (ii) of this paragraph are insufficient to meet the export demands of 
    13  an Indian nation or tribe, the commissioner may provide additional Indi- 
    14  an  export  coupons to such governing bodies in amounts which are neces- 
    15  sary to meet the additional export demands of such nation or tribe  upon 
    16  its submission of evidence of such additional demand. 
    17    (c) Each Indian export coupon shall consist of a retention portion for 
    18  an  agent's  recordkeeping  purposes  and  a  redemption  portion for an 
    19  agent's submission to the commissioner as set forth in paragraph (c)  of 
    20  subdivision  three  of  this  section,  and  shall contain the following 
    21  information: 
    22    (i) the identity of the Indian nation or tribe to which it is issued; 
    23    (ii) the identity and the quantity of the  product  for  which  it  is 
    24  issued; 
    25    (iii) the date issued and the date of expiration; and 
    26    (iv) any other information as the commissioner may deem appropriate. 
    27    (d)  The commissioner may, in his or her discretion, reduce any Indian 
    28  nation's or tribe's quantity of Indian export coupons where packages  of 
    29  cigarettes  affixed  with Indian export decals that were obtained by the 
    30  submission of such nation's or tribe's Indian export  coupons  were  not 
    31  exported out of this state. 
    32    2.  Indian  export purchases.   (a) A reservation cigarette seller may 
    33  purchase cigarettes from a wholesale dealer licensed under this  article 
    34  who  is  also  an  agent  licensed under this article for resale without 
    35  payment of the tax under this article, 
    36    (i) provided that such reservation cigarette seller brings such  ciga- 
    37  rettes or causes them to be delivered onto a qualified reservation sole- 
    38  ly for the purpose of subsequent export outside of the state; 
    39    (ii)  to  the  extent  that such reservation cigarette seller provides 
    40  such wholesale dealer with Indian export coupons entitling the  reserva- 
    41  tion  cigarette  seller  to  purchase  such  quantities of cigarettes as 
    42  allowed on each Indian export coupon; and 
    43    (iii) provided that packages of such cigarettes are  affixed  with  an 
    44  Indian export decal. 
    45    (b)  A wholesale dealer who is also an agent shall not collect the tax 
    46  under this article from any reservation cigarette seller to  the  extent 
    47  that such reservation cigarette seller gives such wholesale dealer Indi- 
    48  an export coupons entitling the reservation cigarette seller to purchase 
    49  such quantities of cigarettes without paying the tax under this article. 
    50  Such  wholesale  dealer who is also an agent must affix an Indian export 
    51  decal to any packages of such cigarettes for which it receives an Indian 
    52  export coupon. 
    53    3. Indian export decals.   (a) Except as  provided  in  this  section, 
    54  Indian  export  decals  shall be prescribed, manufactured, delivered and 
    55  affixed in the same manner as stamps as set forth in  this  article.  No 
    56  commissions  shall  be  payable  to  an agent for the affixing of Indian 
        S. 6460                            102                           A. 9560

     1  export decals. The commissioner shall provide for such agents to  obtain 
     2  Indian export decals at such places and at such times as the commission- 
     3  er may deem necessary. 
     4    (b) In order to provide a start-up quantity of Indian export decals to 
     5  agents,  the commissioner shall provide agents with quantities of Indian 
     6  export decals that are sufficient to cover the agents'  total  cigarette 
     7  sales  made  on  qualified  reservations  as  reported on the applicable 
     8  agent's returns filed with the commissioner  for  each  of  the  fourth, 
     9  fifth, sixth and seventh months prior to the first quarter to which this 
    10  section  applies.  Also,  upon  request,  a  start-up quantity of Indian 
    11  export decals shall be provided to agents who intend to  make  cigarette 
    12  sales  to reservation cigarette sellers but have not previously reported 
    13  such cigarette sales delivered on qualified reservations on their appli- 
    14  cable returns. 
    15    (c) In order to provide additional Indian export decals to agents, the 
    16  commissioner shall provide agents who attach to  their  monthly  returns 
    17  the  redemption portions of Indian export coupons (described in subdivi- 
    18  sion one of this section) to be provided with an amount of Indian export 
    19  decals equal to the amount of such Indian  export  coupons  attached  to 
    20  such agents' returns. 
    21    (d)  In the event that the quantities of Indian export decals provided 
    22  to agents pursuant to paragraph (b)  or  (c)  of  this  subdivision  are 
    23  insufficient  to  meet such agents' demands for Indian export purchases, 
    24  the commissioner may provide additional Indian  export  decals  to  such 
    25  agents in amounts which are necessary to meet such additional demands. 
    26    4.  Tax  agreements with Indian nations or tribes. If an Indian nation 
    27  or tribe enters into an agreement with the state regarding the sale  and 
    28  distribution  of  cigarettes on the Indian nation's or tribe's qualified 
    29  reservation, the terms  of  such  agreement  take  precedence  over  the 
    30  provisions  of  this  section,  and  the sale or distribution, including 
    31  transportation, of any cigarettes to  the  Indian  nation's  or  tribe's 
    32  qualified reservation shall be in accordance with the provisions of such 
    33  agreement. 
    34    §  6.  Subdivision  (d)  of  section  1112 of the tax law, as added by
    35  section 6 of part K of chapter 61 of the laws of  2005,  is  amended  to
    36  read as follows:
    37    (d) The provisions of section four hundred seventy-one-e of this chap-
    38  ter  concerning sales of cigarettes on qualified Indian reservations and 
    39  section four hundred seventy-one-f of this chapter concerning  sales  of 
    40  cigarettes to qualified Indian reservations for export out of this state 
    41  shall  apply to the prepayment of sales tax imposed on cigarettes pursu-
    42  ant to section eleven hundred three of this article in the  same  manner
    43  and  with  the  same  force  and  effect  as  if  the provisions of such
    44  [section] sections four hundred seventy-one-e and four hundred  seventy- 
    45  one-f  had  been  incorporated  in full into this article, except to the
    46  extent that any such provision is either inconsistent with  a  provision
    47  of such section eleven hundred three or is not relevant thereto.
    48    §  7.  Section 1814 of the tax law is amended by adding a new subdivi-
    49  sion (l) to read as follows:
    50    (l) Any person who falsely or fraudulently makes, alters  or  counter- 
    51  feits  any  Indian  export  decal  provided  for under the provisions of 
    52  section four  hundred  seventy-one-f  of  this  chapter,  or  causes  or 
    53  procures  to  be  falsely or fraudulently made, altered or counterfeited 
    54  any such decal, or knowingly and willfully utters, purchases, passes  or 
    55  tenders as true any such false, altered or counterfeited decal, or know- 
    56  ingly  and  willfully  possesses  any cigarettes in packages bearing any 
        S. 6460                            103                           A. 9560

     1  such false, altered or counterfeited decal, and any person who knowingly 
     2  and willfully makes, causes to be made, purchases or receives any device 
     3  for forging or counterfeiting any such decal, or who knowingly and will- 
     4  fully possesses any such device, shall be guilty of a class E felony. 
     5    §  8.  Section  7 of part K of chapter 61 of the laws of 2005 amending
     6  the tax law and other laws relating to  implementing  the  state  fiscal
     7  plan  for  the  2005-2006  state fiscal year, as amended by section 4 of
     8  part A of chapter 63 of the laws of 2005, is amended to read as follows:
     9    § 7. This act shall take effect March 1, [2006]  2007 ,  provided  that
    10  any actions, rules and regulations necessary to implement the provisions
    11  of  this  act  on  its  effective date are authorized and directed to be
    12  completed on or before such date, provided however, that section  284-e, 
    13  section 471-e, subdivision (1) of section 301-a, and section 1112 of the 
    14  tax  law,  as well as sections 282 and 470 of the tax law, as amended by 
    15  section 4 of part A of chapter 63 of the laws  of  2005,  shall  not  be 
    16  enforced  on  a  qualified  reservation of a federally recognized Indian 
    17  nation or tribe pending adjudication of an action filed by  such  nation 
    18  or  tribe  to challenge the provisions of this act based upon an alleged 
    19  federal constitutional or treaty right if such action  is  commenced  in 
    20  federal  district  court on or before December 1, 2006. In the event any 
    21  suspension takes effect and the provisions of this  act  are  sustained, 
    22  the effective date of these provisions shall commence the first day of a 
    23  sales  tax  quarter, at least 90 days after the final resolution of such 
    24  adjudication .
    25    § 9.  This  act  shall  take  effect  immediately,  provided  however,
    26  sections  two,  three,  five  and seven of this act shall take effect on
    27  March 1, 2007, provided however, that sections one, one-a,  two-a,  four
    28  and  six  of this act shall take effect on the same date and in the same
    29  manner as part K of chapter 61 of the laws of 2005,  as  amended,  takes
    30  effect,  provided  however,  that sections one through seven of this act
    31  shall not be enforced on such effective date on a qualified  reservation
    32  of a federally recognized Indian nation or tribe pending adjudication of
    33  an  action filed by such nation or tribe to challenge such provisions of
    34  this act based upon an alleged federal constitutional or treaty right if
    35  such action is commenced in federal district court on or before December
    36  1, 2006. In the event any suspension takes effect and such provisions of
    37  this act are sustained, the effective date of sections one through seven
    38  of this act shall be the first day of a sales tax quarter, at  least  90
    39  days  after  the  final resolution of such adjudication; and the commis-
    40  sioner of taxation and finance shall be authorized on and after this act
    41  shall have become a  law  to  take  steps  necessary  to  implement  the
    42  provisions of this act on its effective date.  The commissioner of taxa-
    43  tion  and  finance shall notify the legislative bill drafting commission
    44  upon the suspension of the effective date of the provisions of  sections
    45  one through seven of this act and upon the sustaining of such provisions
    46  by  the federal judiciary provided for in this section in order that the
    47  commission may maintain an accurate and timely effective  data  base  of
    48  the official text of the laws of the state of New York in furtherance of
    49  effecting  the  provisions  of  section  44  of  the legislative law and
    50  section 70-b of the public officers law.

    51                                   PART JJ

    52    Section 1. Subdivision (a) of section 1 of part Z of chapter 61 of the
    53  laws of 2005, authorizing compensation to the state for  any  reimburse-
        S. 6460                            104                           A. 9560

     1  ments, overpayments, adjustments or other modifications made to a county
     2  or the city of New York, is amended to read as follows:
     3    (a)  Notwithstanding any other law to the contrary, the comptroller of
     4  the state of New York or the chairman of Nassau county  interim  finance
     5  authority, as the case may be, shall, upon a certificate of the director
     6  of  the division of the budget and with the written consent of the mayor
     7  of the city of New York, or the chief elected officer of a county of the
     8  state of New York, as the case may be, pay to the general  fund  of  the
     9  state  of  New  York  the amounts specified in such certificate from any
    10  sales and use tax revenue, or other payment from a state  appropriation,
    11  payable  and  available for payment at such time to such city or county;
    12  provided that such sales and use tax revenue or appropriation payment is
    13  not subject to any lien, pledge, claim or intercept for the benefit of a
    14  bond or note holder.  The director of the division of the  budget  shall
    15  limit the amounts subject to deposit in the general fund of the state of
    16  New York under this act to the amounts necessary to compensate the state
    17  for  any overpayments or other specific monetary liabilities owed to the
    18  state or to save harmless the city of New York for any  changes  in  the 
    19  state  and city cigarette tax rates as such mayor or chief elected offi-
    20  cial may agree.
    21    § 2. This act shall take effect immediately and  shall  be  deemed  to
    22  have been in full force and effect on and after April 1, 2006.

    23                                   PART KK

    24  Section  1.  Section  1  of  part  J of chapter 405 of the laws of 1999,
    25  amending the real property tax law relating to  improving  the  adminis-
    26  tration of the school tax relief (STAR) program, as amended by section 1
    27  of  part  S  of  chapter  61  of the laws of 2005, is amended to read as
    28  follows:
    29    Section 1. Notwithstanding the provisions of article 5 of the  general
    30  construction  law,  the  provisions  of  the tax law amended by sections
    31  94-a, 94-d and 94-g of chapter 2 of the laws of 1995 are hereby  revived
    32  and shall continue in full force and effect as they existed on March 31,
    33  1999 [through May 31, 2006, when upon such date they shall expire and be 
    34  repealed].    Sections 1, 2, 3, 4, and 5, and such part of section 10 of
    35  chapter 336 of the laws of 1999 as relates to providing for  the  effec-
    36  tiveness  of such sections 1, 2, 3, 4 and 5 shall be nullified in effect
    37  on the effective date of this section, except that the  amendments  made
    38  to:  paragraph  (2)  of  subdivision a of section 1612 of the tax law by
    39  such section 1; and subdivision b of section 1612 of the tax law by such
    40  section 2; and the repeal of section 152 of chapter 166 of the  laws  of
    41  1991 made by such section 5 shall continue to remain in effect.
    42    §  2.  Paragraph 1 of subdivision a of section 1612 of the tax law, as
    43  amended by chapter 336 of the laws  of  1999,  is  amended  to  read  as
    44  follows:
    45    (1) sixty percent of the total amount for which tickets have been sold
    46  for  a  lawful lottery game introduced on or after the effective date of
    47  this paragraph, subject to the following provisions:
    48    (A) [drawings in such game shall be held during no more than  thirteen 
    49  hours each day, no more than eight hours of which shall be consecutive; 
    50    (B) such game shall be available only on premises occupied by licensed 
    51  lottery sales agents, subject to the following provisions: 
    52    (i)  if  the licensee holds a license issued pursuant to the alcoholic 
    53  beverage control law to sell alcoholic beverages for consumption on  the 
        S. 6460                            105                           A. 9560

     1  premises, then not less than twenty-five percent of the gross sales must 
     2  result from sales of food; 
     3    (ii)]  if  the licensee does not hold a license issued pursuant to the
     4  alcoholic beverage control law to sell alcoholic beverages for  consump-
     5  tion  on  the  premises,  then  the  premises must have a minimum square
     6  footage greater than [two thousand five] one thousand two hundred square
     7  feet;
     8    [(iii) notwithstanding the foregoing provisions, television  equipment 
     9  that  automatically  displays  the  results  of  such  drawings  may  be 
    10  installed and used without regard to the percentage of food sales or the 
    11  square footage if such premises are used as: 
    12    (I) a commercial bowling establishment, or 
    13    (II) a facility authorized under the racing, pari-mutuel wagering  and 
    14  breeding law to accept pari-mutuel wagers; 
    15    (C)]  (B)  the  rules  for  the  operation  of  such  game shall be as
    16  prescribed by regulations  promulgated  and  adopted  by  the  division,
    17  provided however, that such rules shall provide that no person under the
    18  age  of  twenty-one  may  participate in such games on the premises of a
    19  licensee who holds a license issued pursuant to the  alcoholic  beverage
    20  control  law  to  sell  alcoholic beverages for consumption on the prem-
    21  ises[; and, provided, further, that such regulations may be  revised  on 
    22  an  emergency  basis  not  later than ninety days after the enactment of 
    23  this paragraph in order to conform such regulations to the  requirements 
    24  of this paragraph]; or
    25    § 3. This act shall take effect immediately.

    26                                   PART LL

    27  Section  1.  Subdivision (a) of section 7 of part P of chapter 60 of the
    28  laws of 2004, amending the tax law relating to  the  empire  state  film
    29  production credit, is amended to read as follows:
    30    (a)  The  aggregate  amount  of  tax credits allowed under section 24,
    31  subdivision 36 of section 210 and subsection (gg) of section 606 of  the
    32  tax  law  in any calendar year shall be $25 million in 2004 through 2008 
    33  and $30 million in 2009 and thereafter .  Such aggregate amount of  cred-
    34  its  shall  be allocated by the governor's office for motion picture and
    35  television development among taxpayers in order of priority  based  upon
    36  the  date  of  filing  an  application for allocation of film production
    37  credit with such office.  If  the  total  amount  of  allocated  credits
    38  applied  for  in any particular year exceeds the aggregate amount of tax
    39  credits allowed for such year under this section, such excess  shall  be
    40  treated  as  having  been applied for on the first day of the subsequent
    41  year.
    42    § 2. Subdivision (b) of section 7 of part P of chapter 60 of the  laws
    43  of  2004,  amending  the  tax  law  relating  to  the  empire state film
    44  production credit, as amended by chapter 745 of the  laws  of  2004,  is
    45  amended to read as follows:
    46    (b)  The  aggregate  amount  of  tax  credits  allowed pursuant to the
    47  authority of subdivision (b) of section  1201-a  in  any  calendar  year
    48  shall  be  $12.5  million  in 2004 through 2008 and not in excess of $30 
    49  million in 2009 and thereafter .  Such aggregate amount of credits  shall
    50  be  allocated  by  the  mayor's office of film, theater and broadcasting
    51  among taxpayers in order of priority based upon the date  of  filing  an
    52  application  for  allocation of film production credit with such office.
    53  If the total amount of allocated credits applied for in  any  particular
    54  year  exceeds  the aggregate amount of tax credits allowed for such year
        S. 6460                            106                           A. 9560

     1  under this section, such excess shall be treated as having been  applied
     2  for on the first day of the subsequent year.
     3    §  3.  Section 9 of part P of chapter 60 of the laws of 2004, amending
     4  the tax law relating to the empire  state  film  production  credit,  is
     5  amended to read as follows:
     6    § 9. This act shall take effect immediately and shall apply to taxable
     7  years  beginning on or after January 1, 2004, with respect to "qualified
     8  production costs" paid or incurred on  or  after  such  effective  date,
     9  regardless  of  whether  the  production of the qualified film commenced
    10  before such date[, provided further that this act shall  expire  and  be 
    11  deemed repealed 4 years after such date, provided further that the expi- 
    12  ration  and  repeal  of  this act shall not affect the carry over of any 
    13  credit allowed pursuant to this act and, subsequent  to  the  expiration 
    14  and  repeal  of  this  act,  such carry over credits shall be allowed as 
    15  provided by and pursuant to the provisions of  this  act,  and  provided 
    16  further  that  the IMB credit for energy taxes under subsection (t-l) of 
    17  section 606 of the tax law contained in section three of this act  shall 
    18  expire  on the same date as provided in subdivision (a) of section 49 of 
    19  part Y of chapter 63 of the laws of 2000].
    20    § 4. This act shall take effect immediately.

    21                                   PART MM

    22  Section 1. The civil practice law and rules is amended by adding  a  new
    23  section 5519-a to read as follows:
    24    §  5519-a.  Stay  of enforcement for tobacco product master settlement 
    25  agreement participating manufacturers, non-participating  manufacturers, 
    26  and  affiliates.  (a) In civil litigation under any legal theory involv- 
    27  ing a participating manufacturer or a non-participating manufacturer, as 
    28  those terms are defined in the master settlement agreement,  or  any  of 
    29  their  successors  or  affiliates,  the  undertaking required during the 
    30  pendency of all appeals or discretionary reviews by any appellate courts 
    31  in order to stay the execution of any judgment or order granting  legal, 
    32  equitable  or  other relief during the entire course of appellate review 
    33  shall be set pursuant to the  applicable  provisions  of  law  or  court 
    34  rules;  provided,  however  that  the  total undertaking required of all 
    35  appellants collectively shall not exceed one  hundred  million  dollars, 
    36  regardless of the value of the judgment appealed. 
    37    (b) Notwithstanding the provisions of subdivision (a) of this section, 
    38  upon  proof  by a preponderance of the evidence, by an appellee, that an 
    39  appellant is dissipating assets outside the course of ordinary  business 
    40  to  avoid  payment  of  a judgment, a court may require the appellant to 
    41  post a bond in an amount up to the total amount of the judgment. 
    42    § 2. This act shall take effect on the thirtieth day  after  it  shall
    43  have  become a law, and shall apply to any cause of action pending on or
    44  filed on or after such effective date.

    45                                   PART NN

    46  Section 1. Subparagraphs 1 and 2 of paragraph (a) of  subdivision  9  of
    47  section  208 of the tax law, subparagraph 1 as amended by chapter 778 of
    48  the laws of 1972 and subparagraph 2 as amended by section 7 of part M of
    49  chapter 407 of the laws of 1999, are amended to read as follows:
    50    (1) income, gains and losses from  subsidiary  capital  which  do  not
    51  include  the amount of a recovery in respect of any war loss, except for
    52  (A) such amounts from a former DISC which are treated as business income
        S. 6460                            107                           A. 9560

     1  under subdivision eight-A of this section, (B) a distribution (including 
     2  any amount designated as a capital gain dividend) from, or gain or  loss 
     3  from  the disposition of an ownership interest in, a real estate invest- 
     4  ment  trust, as defined in section eight hundred fifty-six of the inter- 
     5  nal revenue code, (C) a distribution (including any amount designated as 
     6  a capital gain dividend) from, or gain or loss from the  disposition  of 
     7  an  ownership interest in, a regulated investment company, as defined in 
     8  section eight hundred fifty-one of the internal revenue code, or  (D)  a 
     9  distribution  from, or gain or loss from the disposition of an ownership 
    10  interest in, a corporation that (i) owns, directly or  indirectly,  over 
    11  fifty  percent of the capital stock of a real estate investment trust or 
    12  a regulated investment company, or (ii) in connection with one  or  more 
    13  other  corporations  in its affiliated group (as such term is defined in 
    14  section fifteen hundred four of the internal revenue  code),  owns  over 
    15  fifty  percent of the capital stock of a real estate investment trust or 
    16  a regulated investment company, to the extent the distribution, gain  or 
    17  loss  is attributable to such corporation's ownership interest in such a 
    18  real estate investment trust or regulated investment company. 
    19    (2) fifty percent of  dividends  (A)  other  than  from  subsidiaries, 
    20  except  as  otherwise provided in clause (E) of this subparagraph , [and]
    21  (B) other than amounts treated  as  business  income  under  subdivision
    22  eight-A  of  this  section,  on  shares  of  stock  which conform to the
    23  requirements of subsection (c) of section two hundred forty-six  of  the
    24  internal  revenue  code,  (C) other than dividends (including any amount 
    25  designated as a capital gain dividend) from  a  real  estate  investment 
    26  trust  as  defined  in  section  eight hundred fifty-six of the internal 
    27  revenue code, (D) other than dividends from  a  corporation  that  is  a 
    28  member  of  an  affiliated  group  (as  such  term is defined in section 
    29  fifteen hundred four of the internal revenue  code)  that  includes  the 
    30  taxpayer, and that, alone or in connection with one or more other corpo- 
    31  rations in such affiliated group, owns over fifty percent of the capital 
    32  stock of a real estate investment trust, to the extent the dividends are 
    33  attributable  to  such  corporation's  ownership interest in such a real 
    34  estate investment trust, and (E) in the case of (i) a regulated  invest- 
    35  ment  company,  as  defined  in  section  eight hundred fifty-one of the 
    36  internal revenue code, that is a subsidiary  of  the  taxpayer,  (ii)  a 
    37  regulated  investment  company that is not a subsidiary of the taxpayer, 
    38  or (iii) a subsidiary of the taxpayer whose distributions are  described 
    39  in clause (D) of subparagraph one of this paragraph and are attributable 
    40  to  an  ownership interest in a regulated investment company, the exclu- 
    41  sion under this subparagraph shall apply only with respect to a dividend 
    42  that is, or is attributable to a dividend that is,  properly  designated 
    43  under  subparagraph  (A)  of  paragraph (1) of subsection (b) of section 
    44  eight hundred fifty-four of the internal revenue code .
    45    § 2. Subparagraphs 2 and 6  of  paragraph  (b)  of  subdivision  9  of
    46  section  208 of the tax law, subparagraph 2 as amended by chapter 713 of
    47  the laws of 1961, and subparagraph 6 as amended by chapter  817  of  the
    48  laws of 1987, are amended to read as follows:
    49    (2)  any  part of any income from dividends or interest on any kind of
    50  stock, securities or indebtedness, except as provided  in  [clauses  (1) 
    51  and  (2)]  subparagraphs  one  and two of paragraph (a) [hereof] of this 
    52  subdivision ,
    53    (6) in the discretion of the [tax commission] commissioner , any amount
    54  of interest directly or indirectly and  any  other  amount  directly  or
    55  indirectly  attributable as a carrying charge or otherwise to subsidiary
    56  capital or to income, gains or losses from subsidiary capital[.], except 
        S. 6460                            108                           A. 9560

     1  to the extent that such amounts are directly or indirectly  attributable 
     2  to (i) subsidiary capital the income, gains or losses from which are not 
     3  excluded  from  entire  net income pursuant to subparagraph one of para- 
     4  graph  (a)  of  this  subdivision,  or (ii) income, gains or losses from 
     5  subsidiary capital that are not excluded from entire net income pursuant 
     6  to such subparagraph one; 
     7    § 3. Subparagraph (2) of paragraph (e) of subdivision one  of  section
     8  210  of  the  tax law, as added by section 1 of part P of chapter 407 of
     9  the laws of 1999, is amended to read as follows:
    10    (2) For purposes of this paragraph,  the  amount  of  such  subsidiary
    11  capital,  prior  to  allocation,  shall  be  reduced  by  the applicable
    12  percentage of the taxpayer's (i) investments in the stock  of,  and  any
    13  indebtedness from, subsidiaries subject to tax under section one hundred
    14  eighty-six  of this chapter (but only to the extent such indebtedness is
    15  included in subsidiary capital), [and] (ii) investments in the stock of,
    16  and any indebtedness from, subsidiaries subject  to  tax  under  article
    17  thirty-two  or thirty-three of this chapter (but only to the extent such
    18  indebtedness is included in subsidiary capital), and  (iii)  investments 
    19  in  the  stock  of,  and any indebtedness from, subsidiaries the income, 
    20  gains or losses from which are  not  excluded  from  entire  net  income 
    21  pursuant  to  subparagraph  one  of paragraph (a) of subdivision nine of 
    22  section two hundred eight of this article, but only to the  extent  such 
    23  investments  and indebtedness are directly or indirectly attributable to 
    24  income, gains or losses that are not  so  excluded .    For  purposes  of
    25  clause  (i)  of  this  subparagraph,  the applicable percentage shall be
    26  thirty percent for taxable years beginning  in  two  thousand,  and  one
    27  hundred  percent  for  taxable  years  beginning after two thousand. For
    28  purposes of clause (ii) of this subparagraph, the applicable  percentage
    29  shall  be one hundred percent for taxable years beginning after nineteen
    30  hundred ninety-nine. For purposes of clause (iii) of this  subparagraph, 
    31  the applicable percentage shall be one hundred percent. 
    32    § 4. Paragraph 11 of subsection (e) of section 1453 of the tax law, as
    33  added  by  chapter  298  of  the  laws of 1985, and subparagraph (ii) as
    34  amended and subparagraph (iii) as added by chapter 170 of  the  laws  of
    35  1994, is amended to read as follows:
    36    (11) (i) seventeen percent of interest income from subsidiary capital,
    37  and
    38    (ii)  sixty  percent of dividend income from subsidiary capital, which 
    39  does not include (I) dividends (including any  amount  designated  as  a 
    40  capital gain dividend) from a real estate investment trust as defined in 
    41  section eight hundred fifty-six of the internal revenue code, or a regu- 
    42  lated  investment  company as defined in section eight hundred fifty-one 
    43  of the internal revenue code, (II) dividends from a corporation that (A) 
    44  owns, directly or indirectly, over fifty percent of the capital stock of 
    45  a real estate investment trust or a regulated investment company, or (B) 
    46  in connection with one or more  other  corporations  in  its  affiliated 
    47  group  (as  such  term is defined in section fifteen hundred four of the 
    48  internal revenue code), owns over fifty percent of the capital stock  of 
    49  a real estate investment trust or a regulated investment company, to the 
    50  extent  the  dividends  are attributable to such corporation's ownership 
    51  interest in such a real estate investment trust or regulated  investment 
    52  company , and
    53    (iii) sixty percent of the amount by which gains from subsidiary capi-
    54  tal  exceed losses from subsidiary capital, to the extent such gains and
    55  losses were taken into account in determining the entire taxable  income
    56  referred  to in subsection (a) of this section, except that (I) gains or 
        S. 6460                            109                           A. 9560

     1  losses from the disposition of an ownership interest  in  a  corporation 
     2  the  dividends  from which are not eligible for the deduction allowed by 
     3  subparagraph (ii) of this paragraph  pursuant  to  clause  (I)  of  such 
     4  subparagraph  shall  not  be  considered in determining such amount, and 
     5  (II) gains or losses from the disposition of an ownership interest in  a 
     6  corporation  the dividends from which are not eligible for the deduction 
     7  allowed by subparagraph (ii) of this paragraph pursuant to  clause  (II) 
     8  of  such subparagraph shall not be considered in determining such amount 
     9  to the extent the gains or losses are attributable to such corporation's 
    10  ownership interest in  a  real  estate  investment  trust  or  regulated 
    11  investment company as defined in such subparagraph, 
    12    §  5.  Subparagraphs  (A) and (B) of paragraph 1 of subdivision (b) of
    13  section 1503 of the tax law, subparagraph (A) as amended by  chapter  55
    14  of  the  laws of 1982, subparagraph (B) as amended by chapter 817 of the
    15  laws of 1987, are amended to read as follows:
    16    (A) income, gains and losses from  subsidiary  capital  which  do  not
    17  include  (i) the amount of a recovery in respect of any war loss, (ii) a 
    18  distribution (including any amount designated as a  capital  gain  divi- 
    19  dend)  from, or gain or loss from the disposition of an ownership inter- 
    20  est in, a real estate investment  trust  as  defined  in  section  eight 
    21  hundred  fifty-six  of  the  internal revenue code, (iii) a distribution 
    22  (including any amount designated as a capital gain  dividend)  from,  or 
    23  gain  or  loss from the disposition of an ownership interest in, a regu- 
    24  lated investment company as defined in section eight  hundred  fifty-one 
    25  of  the  internal  revenue code, or (iv) a distribution from, or gain or 
    26  loss from the disposition of an ownership  interest  in,  a  corporation 
    27  that (I) owns, directly or indirectly, over fifty percent of the capital 
    28  stock of a real estate investment trust or a regulated investment compa- 
    29  ny,  or  (II)  in  connection with one or more other corporations in its 
    30  affiliated group (as such term is defined  in  section  fifteen  hundred 
    31  four of the internal revenue code), owns over fifty percent of the capi- 
    32  tal  stock  of  a real estate investment trust or a regulated investment 
    33  company, to the extent the distribution or gain or loss is  attributable 
    34  to  such  corporation's ownership interest in such a real estate invest- 
    35  ment trust or regulated investment company ;
    36    (B) fifty percent of dividends other than  from  subsidiaries,  except
    37  [that]  (i)  in  the case of a life insurance company, such modification
    38  shall apply only with respect to the company's share of such  dividends,
    39  which  share  means  the  percentage  determined  under paragraph one of
    40  subsection (a) of section eight hundred twelve of the  internal  revenue
    41  code,  (ii) dividends (including any amount designated as a capital gain 
    42  dividend) from a real estate investment  trust  as  defined  in  section 
    43  eight hundred fifty-six of the internal revenue code shall not be treat- 
    44  ed  as dividends for purposes of this subparagraph, (iii) dividends from 
    45  a corporation that is a member of an affiliated group (as such  term  is 
    46  defined  in  section  fifteen hundred four of the internal revenue code) 
    47  that includes the taxpayer, and that, alone or in connection with one or 
    48  more other corporations  in  such  affiliated  group,  owns  over  fifty 
    49  percent  of  the  capital stock of a real estate investment trust, shall 
    50  not be treated as dividends for purposes of  this  subparagraph  to  the 
    51  extent  the  dividends  are attributable to such corporation's ownership 
    52  interest in such a real estate investment trust, and (iv) in the case of 
    53  (I) a regulated investment company, as defined in section eight  hundred 
    54  fifty-one  of  the  internal  revenue  code, that is a subsidiary of the 
    55  taxpayer, (II) a regulated investment company that is not  a  subsidiary 
    56  of  the  taxpayer,  or (III) a subsidiary of the taxpayer whose distrib- 
        S. 6460                            110                           A. 9560

     1  utions are described in clause (iv) of subparagraph (A)  of  this  para- 
     2  graph  and  are  attributable  to  an  ownership interest in a regulated 
     3  investment company, the exclusion under this  subparagraph  shall  apply 
     4  only  with  respect  to a dividend that is, or that is attributable to a 
     5  dividend that is, properly designated under subparagraph  (A)  of  para- 
     6  graph  (1)  of subsection (b) of section eight hundred fifty-four of the 
     7  internal revenue code ;
     8    § 6. Subparagraph (H) of paragraph 2 of  subdivision  (b)  of  section
     9  1503  of the tax law, as added by chapter 649 of the laws of 1974 and as
    10  relettered by chapter 788 of the laws of 1978, is  amended  to  read  as
    11  follows:
    12    (H) in the discretion of the [tax commission] commissioner , any amount
    13  of interest directly or indirectly and any other amount directly attrib-
    14  utable  as  a  carrying  charge or otherwise to subsidiary capital or to
    15  income, gains or losses from subsidiary capital[.], except to the extent 
    16  that such amounts are directly or indirectly attributable to (i) subsid- 
    17  iary capital the income, gains or losses from  which  are  not  excluded 
    18  from  entire net income pursuant to subparagraph (A) of paragraph one of 
    19  this subdivision, or (ii) income, gains or losses from subsidiary  capi- 
    20  tal  that  are  not  excluded  from  entire  net income pursuant to such 
    21  subparagraph (A); 
    22    § 7. Paragraph 2 of subdivision (c) of section 1504 of the tax law, as
    23  added by chapter 649 of the laws of 1974, is amended to read as follows:
    24    (2) Subsidiary capital. The portion of the taxpayer's subsidiary capi-
    25  tal to be allocated within the state shall be determined by  multiplying
    26  the  amount of subsidiary capital invested in each subsidiary during the
    27  period covered by its return (or, in the case of  any  such  capital  so
    28  invested  during  only  a  portion  of such period, such portion of such
    29  capital) by the percentage, if any, of the entire capital, or the issued
    30  capital stock, or the net income, as the case may be, of such subsidiary
    31  required to be allocated within the state on the return or  returns,  if
    32  any,  required  of  such subsidiary under this chapter for the preceding
    33  year, and adding the sums so obtained; except that, for purposes of this 
    34  paragraph, the amount of such subsidiary capital, prior  to  allocation, 
    35  shall  be reduced by one hundred percent of the investments in the stock 
    36  of, and any indebtedness from, subsidiaries the income, gains or  losses 
    37  from  which are not excluded from entire net income pursuant to subpara- 
    38  graph (A) of paragraph one of subdivision (b) of section fifteen hundred 
    39  three of this article, but  only  to  the  extent  such  investments  or 
    40  indebtedness are directly or indirectly attributable to income, gains or 
    41  losses that are not so excluded .
    42    § 8. This act shall take effect immediately and apply to taxable years
    43  beginning on or after January 1, 2006.

    44                                   PART OO

    45  Section  1. Section 95 of the state finance law, as added by chapter 264
    46  of the laws of 1944, subdivision 2 as added and subdivision 4 as  renum-
    47  bered  by chapter 92 of the laws of 1978 and subdivision 3 as amended by
    48  chapter 516 of the laws of 1992, is amended and a new subdivision  5  is
    49  added to read as follows:
    50    §  95.  Abandoned property fund. 1.  [The] There is hereby established 
    51  in the joint custody of the state comptroller [shall maintain]  and  the 
    52  commissioner  of  taxation and finance a special fund to be known as the
    53  abandoned property fund. Such fund shall consist of all moneys  paid  to
    54  [him]  the comptroller pursuant to the provisions of the abandoned prop-
        S. 6460                            111                           A. 9560

     1  erty law and all moneys which by law are required to be paid  into  such
     2  fund.    All personal property, other than money, delivered to [him] the 
     3  comptroller pursuant to the abandoned property  law,  or  which  by  law
     4  shall  be  delivered  to  [him]  the comptroller  For the benefit of such
     5  fund, shall be retained by [him] the comptroller until sold pursuant  to
     6  the provisions of the abandoned property law in trust for the benefit of
     7  such fund.
     8    2. Annually, on or before the end of the calendar year the comptroller
     9  shall  file  with the director of the budget an itemized estimate of the
    10  expenses for the administration of the abandoned property fund  for  the
    11  ensuing  year.    The  director  of the budget may revise and amend such
    12  estimate. After such revision and amendment, if any, such director shall
    13  approve the same for inclusion in the executive budget. [No moneys shall 
    14  be paid out of the abandoned property  fund  for  such  expenses  unless 
    15  expenditures therefor shall have been authorized by law.]
    16    3. [Whenever the amount of moneys in the abandoned property fund as of 
    17  the  last  day  of  any month shall exceed the greater of the sum of six 
    18  million dollars or an amount which in the comptroller's sole  discretion 
    19  is  necessary to satisfy claims against such fund during the immediately 
    20  succeeding month, the comptroller shall draw a warrant or  voucher  upon 
    21  such  special  fund  for  the amount in excess of such sum and shall pay 
    22  such amount into the state treasury to the credit of the general  fund.]
    23  The  comptroller shall retain, of the total monies collected or received 
    24  in the abandoned property fund, such  amount  as  it  shall  be  jointly 
    25  determined  by  the  comptroller  and  the  commissioner of taxation and 
    26  finance to be necessary to satisfy claims against such fund.  The  comp- 
    27  troller shall maintain a system of accounts showing the amount of reven- 
    28  ue  collected  or  received  from  such articles. The comptroller, after 
    29  reserving the amount to pay such claims, shall, on or before  the  tenth 
    30  day  of  each  month,  transfer  from the abandoned property fund to the 
    31  state purposes account all revenue deposited under this  section  during 
    32  the  preceding  calendar month and remaining to the comptroller's credit 
    33  on the last day of such preceding month. Notwithstanding the  foregoing,
    34  the  comptroller  and the [director of the budget] commissioner of taxa- 
    35  tion and finance or their respective designees shall review the  balance
    36  remaining  in  the  abandoned  property  fund as of the last day of [the 
    37  months of March, June, September and December in] each [year] month ,  as
    38  soon  as  practicable after each such date, and may [mutually agree upon 
    39  an amount to be paid] transfer the balance remaining from such fund into
    40  the [state treasury to the credit of the general  fund]  state  purposes 
    41  account ,  which  may  cause  the  balance in such fund to fall below six
    42  million dollars[; provided, however].  However , in no  event  shall  the
    43  amount  of  moneys  in  the abandoned property fund exceed seven hundred
    44  fifty thousand dollars at the end of the last day of the fiscal year.
    45    4. All moneys in the abandoned property fund shall be deposited by the
    46  state comptroller in one or more state banks, trust companies or savings
    47  banks. Any interest received by the comptroller upon  any  such  deposit
    48  and  any  interest  or other moneys received by [him] the comptroller on
    49  account of any personal property other than money, retained by [him] the 
    50  comptroller  For the benefit of such fund, shall be the property  of  the
    51  state and shall be credited to such fund.
    52    5.   The comptroller, within the applicable period of limitations, may 
    53  credit an abandoned property claim against the abandoned  property  fund 
    54  to  the  person  who  made  the claim, pursuant to the authority of this 
    55  chapter or any other law on such person. The balance shall  be  paid  by 
    56  the comptroller out of the abandoned property fund retained by the comp- 
        S. 6460                            112                           A. 9560

     1  troller  for  such  general purpose. Any repaid claim under this section 
     2  shall be made only upon the filing of a  claim  approved  by  the  comp- 
     3  troller.  The  comptroller,  as a condition precedent to the approval of 
     4  such  a  certificate,  may  examine  into  the facts as disclosed by the 
     5  claimant and other information and data available. 
     6    § 2. Subdivision 1 of section 171-a of the  tax  law,  as  amended  by
     7  section  1  of  part  R of chapter 60 of the laws of 2004, is amended to
     8  read as follows:
     9    1. All taxes, interest, penalties and fees collected  or  received  by
    10  the commissioner or the commissioner's duly authorized agent under arti-
    11  cles nine (except section one hundred eighty-two-a thereof and except as
    12  otherwise  provided  in  section  two  hundred  five  thereof),  nine-A,
    13  twelve-A (except as otherwise provided in section  two  hundred  eighty-
    14  four-d  thereof),  thirteen, thirteen-A (except as otherwise provided in
    15  section  three  hundred  twelve  thereof),  eighteen,  nineteen,  twenty
    16  (except  as otherwise provided in section four hundred eighty-two there-
    17  of),  twenty-one,  twenty-two,  twenty-six,  twenty-six-B,  twenty-eight
    18  (except  as  otherwise  provided in section eleven hundred two or eleven
    19  hundred three thereof), twenty-eight-A, thirty-one (except as  otherwise
    20  provided  in  section  fourteen hundred twenty-one thereof), thirty-two,
    21  thirty-three and thirty-three-A of this chapter shall be deposited daily
    22  in one account with such responsible  banks,  banking  houses  or  trust
    23  companies as may be designated jointly by the comptroller[, to the cred- 
    24  it  of  the  comptroller]  and  the commissioner . Such an account may be
    25  established in one or more of such depositories. Such deposits shall  be
    26  kept  separate  and apart from all other money [in the possession of the 
    27  comptroller]. The comptroller shall require adequate security  from  all
    28  such depositories. Of the total revenue collected or received under such
    29  articles  of  this  chapter,  the  comptroller shall retain in the comp-
    30  troller's hands such amount as the  commissioner  may  determine  to  be
    31  necessary for refunds [or], reimbursements or claims under such articles
    32  of  this  chapter and former article ten thereof and section ninety-five 
    33  of the state finance law out of which amount the comptroller  shall  pay
    34  any refunds [or], reimbursements or claims to which taxpayers and claim- 
    35  ants  shall  be  entitled  under the provisions of such articles of this
    36  chapter and former article ten thereof and section  ninety-five  of  the 
    37  state finance law . The commissioner and the comptroller shall maintain a
    38  system  of  accounts showing the amount of revenue collected or received
    39  from each of the taxes imposed by such articles and section  ninety-five 
    40  of the state finance law . The comptroller, after reserving the amount to
    41  pay such refunds [or], reimbursements or claims , shall, on or before the
    42  tenth  day  of  each month, pay into the state treasury to the credit of
    43  the general fund all revenue deposited under  this  section  during  the
    44  preceding  calendar  month  and remaining to the comptroller's credit on
    45  the last day of such preceding month, (i) except  that  the  comptroller
    46  shall  pay  to  the  state  department of social services that amount of
    47  overpayments of tax imposed by article twenty-two of  this  chapter  and
    48  the interest on such amount which is certified to the comptroller by the
    49  commissioner  as  the  amount  to  be  credited against past-due support
    50  pursuant to subdivision six of section one hundred seventy-one-c of this
    51  [chapter] article , (ii) and except that the comptroller shall pay to the
    52  New York state higher  education  services  corporation  and  the  state
    53  university  of  New York or the city university of New York respectively
    54  that amount of overpayments of tax imposed by article twenty-two of this
    55  chapter and the interest on such amount which is certified to the  comp-
    56  troller  by  the  commissioner  as the amount to be credited against the
        S. 6460                            113                           A. 9560

     1  amount of defaults in repayment of guaranteed student  loans  and  state
     2  university  loans  or city university loans pursuant to subdivision five
     3  of section one hundred seventy-one-d and subdivision six of section  one
     4  hundred  seventy-one-e  of  this  [chapter]  article ,  (iii)  and except
     5  further that, notwithstanding any law, the comptroller shall  credit  to
     6  the  revenue  arrearage account, pursuant to section ninety-one-a of the
     7  state finance law, that amount of overpayment of tax imposed by  article
     8  nine,  nine-A,  twenty-two,  thirty,  thirty-A,  thirty-B, thirty-two or
     9  thirty-three of this chapter, and any interest thereon, which is  certi-
    10  fied to the comptroller by the commissioner as the amount to be credited
    11  against  a  past-due  legally  enforceable  debt  owed to a state agency
    12  pursuant to paragraph (a) of subdivision  six  of  section  one  hundred
    13  seventy-one-f of this article, provided, however, he shall credit to the
    14  special  offset  fiduciary  account, pursuant to section ninety-one-c of
    15  the state finance law, any such amount creditable as a liability as  set
    16  forth  in paragraph (b) of subdivision six of section one hundred seven-
    17  ty-one-f of this article, (iv) and except further that  the  comptroller
    18  shall  pay  to  the  city  of New York that amount of overpayment of tax
    19  imposed by article nine, nine-A, twenty-two, thirty, thirty-A, thirty-B,
    20  thirty-two, or thirty-three of this chapter  and  any  interest  thereon
    21  that  is  certified to the comptroller by the commissioner as the amount
    22  to be credited against city of New York tax warrant judgment debt pursu-
    23  ant to section one hundred seventy-one-1 of this article, (v) and except
    24  further that the comptroller shall pay to a  non-obligated  spouse  that
    25  amount of overpayment of tax imposed by article twenty-two of this chap-
    26  ter  and the interest on such amount which has been credited pursuant to
    27  section  one  hundred  seventy-one-c,  one  hundred  seventy-one-d,  one
    28  hundred  seventy-one-e,  one hundred seventy-one-f or one hundred seven-
    29  ty-one-l of this article and which is certified to  the  comptroller  by
    30  the commissioner as the amount due such non-obligated spouse pursuant to
    31  paragraph six of subsection (b) of section six hundred fifty-one of this
    32  chapter;  and  (vi) the comptroller shall deduct a like amount which the
    33  comptroller shall pay into the treasury to the  credit  of  the  general
    34  fund  from  amounts  subsequently  payable  to  the department of social
    35  services, the state university of New York, the city university  of  New
    36  York,  or  the  higher  education  services  corporation, or the revenue
    37  arrearage account  or  special  offset  fiduciary  account  pursuant  to
    38  section  ninety-one-a  or  ninety-one-c of the state finance law, as the
    39  case may be, whichever had been credited the amount originally  withheld
    40  from  such  overpayment,  and  (vii)  with respect to amounts originally
    41  withheld from such overpayment pursuant to section one hundred  seventy-
    42  one-l  of this article and paid to the city of New York, the comptroller
    43  shall collect a like amount from the city of New York.
    44    § 3. This act shall take effect immediately.

    45                                   PART PP

    46  Section 1. Subdivision 6 of section 470 of the  tax  law,  as  added  by
    47  chapter 61 of the laws of 1989, is amended to read as follows:
    48    6.  "Wholesale price." The [established price for which a manufacturer 
    49  sells tobacco products to a distributor, before  the  allowance  of  any 
    50  discount, trade allowance, rebate or other reduction. 
    51    In  the absence of such an established price, a manufacturer's invoice 
    52  price of any tobacco product shall be presumptive evidence of the whole- 
    53  sale price of such tobacco product, and in its  absence  the]  price  at
    54  which  [such]  tobacco  products were purchased [shall be presumed to be 
        S. 6460                            114                           A. 9560

     1  the wholesale price, unless evidence of a lower wholesale price shall be 
     2  established or any industry standard of markups relating to the purchase 
     3  price in relation to the wholesale price shall be  established]  by  the 
     4  distributor  who  imported or caused to be imported into this state such 
     5  products from an unrelated person, before the allowance of any discount, 
     6  trade allowance, rebate or other reduction. In the  case  where  such  a 
     7  distributor purchases tobacco products from a related person, the whole- 
     8  sale  price shall be the price at which the related person who sold such 
     9  tobacco products customarily sells such tobacco products to a  distribu- 
    10  tor  in  this state which is not a related person to such seller, before 
    11  the  allowance  of  any  discount,  trade  allowance,  rebate  or  other 
    12  reduction.  In  the  case  where  such  a  distributor purchases tobacco 
    13  products from a related person and the  related  person  who  sold  such 
    14  tobacco  products  does not customarily sell such tobacco products to an 
    15  unrelated person in this state, the wholesale price shall be  the  price 
    16  at  which such tobacco products are customarily sold by such distributor 
    17  to an unrelated person, before the  allowance  of  any  discount,  trade 
    18  allowance,  rebate  or other reduction. Furthermore, where a distributor 
    19  manufactures tobacco products in  this  state  and  sells  such  tobacco 
    20  products  to an unrelated person, the wholesale price shall be the price 
    21  at which such tobacco products are customarily sold by such  distributor 
    22  to  an  unrelated  person,  before  the allowance of any discount, trade 
    23  allowance, rebate or other reduction. Provided,  further,  in  the  case 
    24  where  a  distributor  imported or caused to be imported into this state 
    25  tobacco products purchased from a related person and such related person 
    26  who sold such tobacco products does not customarily  sell  such  tobacco 
    27  products to an unrelated person in this state and such distributor sells 
    28  such  products  to  a related person or where a distributor manufactures 
    29  tobacco products in this state and sells  such  tobacco  products  to  a 
    30  related  person,  the  wholesale  price shall be the price at which such 
    31  tobacco products are customarily sold by such distributor  to  an  unre- 
    32  lated  person,  before  the  allowance of any discount, trade allowance, 
    33  rebate or other reduction.  In  the  event  such  distributor  does  not 
    34  customarily  sell such tobacco products to an unrelated person, then the 
    35  wholesale price shall be based upon the fair market value of such tobac- 
    36  co products, which shall be deemed  to  include  the  first  sale  by  a 
    37  related  person of such distributor to an unrelated person. For purposes 
    38  of this subdivision, "related person" shall be defined as set  forth  in 
    39  subparagraph  (C)  of paragraph three of subdivision (b) of section four 
    40  hundred sixty-five  of  the  internal  revenue  code,  except  that  "50 
    41  percent"  shall  be  substituted  for  "10  percent"  as  the applicable 
    42  percentage with respect to applying the provisions  set  forth  in  such 
    43  subparagraph .
    44    § 2. Paragraphs (e) and (f) of subdivision 2 of section 480 of the tax
    45  law,  as  amended  by chapter 744 of the laws of 1990, are amended and a
    46  new paragraph (g) is added to read as follows:
    47    (e) Any controlling person of such applicant has committed any of  the
    48  acts specified in subdivision three of this section within the preceding
    49  five years[, or]; 
    50    (f)  Such  applicant or any controlling person has been finally deter-
    51  mined to have violated any of the provisions of this article or  article
    52  twenty-A  of this chapter, or any rule or regulation adopted pursuant to
    53  this article or article twenty-A of this chapter[.]; or 
    54    (g) After carefully evaluating  the  character,  fitness,  experience, 
    55  maturity and financial responsibility of the applicant, the commissioner 
        S. 6460                            115                           A. 9560

     1  determines that the public convenience and advantage would not be served 
     2  by approval of the application. 
     3    §  3.  Paragraphs (a) and (b) of subdivision 4 of section 480-a of the
     4  tax law, as added by chapter 629 of the laws of  1996,  are  amended  to
     5  read as follows:
     6    (a)  If  a  retail  dealer  possesses or sells unstamped or unlawfully
     7  stamped packages of cigarettes, or if a retail dealer is  also  licensed
     8  as an agent pursuant to section four hundred seventy-two of this article 
     9  and  it  possesses  unlawfully  stamped  packages of cigarettes or sells
    10  unstamped or unlawfully stamped packages of cigarettes at retail, or  if 
    11  a  retail  dealer  possesses  or  sells tobacco products with respect to 
    12  which the tobacco products tax  has  not  been  paid  or  assumed  by  a 
    13  distributor  or a tobacco products dealer, (i) its registration shall be
    14  suspended for a period of not more than six months, or (ii) for a second
    15  such possession or sale within a period of five years, its  registration
    16  shall be suspended for a period of up to thirty-six months, or (iii) for
    17  a  third  such  possession  or  sale  within a period of five years, its
    18  registration may be revoked for a period of up to five years.  A  retail
    19  dealer  registration  shall  be  suspended  or  revoked pursuant to this
    20  subdivision immediately upon such dealer's receipt of written notice  of
    21  suspension or revocation from the commissioner. If a retail dealer sells
    22  cigarettes  or  tobacco products through more than one place of business
    23  in this state, the retail dealer registration shall not be suspended  or
    24  revoked  pursuant  to this subdivision, but the certificate of registra-
    25  tion issued to the place  of  business,  cart,  stand,  truck  or  other
    26  merchandising device where unstamped or unlawfully stamped cigarettes or 
    27  tobacco  products with respect to which the tobacco products tax has not 
    28  been paid or assumed by a distributor or a tobacco products dealer  were
    29  found  shall  be  suspended  or  cancelled  for  possession  or  sale of
    30  unstamped or unlawfully stamped packages of cigarettes or  such  tobacco 
    31  products ,  as  if  such certificate of registration were a retail dealer
    32  registration. A suspension or cancellation of a certificate of registra-
    33  tion shall be treated as if it were a  suspension  or  revocation  of  a
    34  registration.  If  unstamped  or  unlawfully  stamped cigarettes or such 
    35  tobacco products are found in a retail dealer's warehouse,  the  suspen-
    36  sion  or revocation of the retail dealer's registration pursuant to this
    37  subdivision shall be applicable to each retail place of business in this
    38  state through which such  retail  dealer  sells  cigarettes  or  tobacco 
    39  products .
    40    (b)  A  retail dealer who is notified of a suspension or revocation of
    41  its registration pursuant to this subdivision shall have  the  right  to
    42  have  the  suspension  or revocation reviewed by the commissioner or his
    43  designee by contacting the  department  at  a  telephone  number  or  an
    44  address to be disclosed in the notice of suspension or revocation within
    45  ten days of such dealer's receipt of such notification. The retail deal-
    46  er may present written evidence or argument in support of its defense to
    47  the  suspension  or  revocation, or may appear at a scheduled conference
    48  with the commissioner or his designee  to  present  oral  arguments  and
    49  written  and  oral evidence in support of such defense. The commissioner
    50  or his designee is authorized to delay the effective date of the suspen-
    51  sion or revocation to  enable  the  retail  dealer  to  present  further
    52  evidence  or  arguments in connection with the suspension or revocation.
    53  The commissioner or his designee shall cancel the suspension or  revoca-
    54  tion  of  registration if the commissioner or his designee is not satis-
    55  fied by a preponderance of the evidence that the retail dealer possessed
    56  or sold unstamped or unlawfully stamped packages of cigarettes or tobac- 
        S. 6460                            116                           A. 9560

     1  co products with respect to which the tobacco products tax had not  been 
     2  paid or assumed by a distributor or a tobacco products dealer .
     3    §  4. Paragraph (b) of subdivision 1 of section 481 of the tax law, as
     4  amended by chapter 262 of the laws  of  2000,  is  amended  to  read  as
     5  follows:
     6    (b)  (i) In addition to any other penalty imposed by this article, the
     7  commissioner may impose a penalty of not more  than  one  hundred  fifty
     8  dollars  for each two hundred cigarettes, or fraction thereof, in excess
     9  of one thousand cigarettes in unstamped or unlawfully  stamped  packages
    10  in  the possession or under the control of any person. [In addition, the 
    11  commissioner may impose a penalty of not more than seventy-five  dollars 
    12  for  each  fifty cigars or one pound of tobacco, or fraction thereof, in 
    13  excess of two hundred fifty cigars or five  pounds  of  tobacco  in  the 
    14  possession  or under the control of any person and a penalty of not more 
    15  than one hundred fifty dollars for each fifty cigars or pound of  tobac- 
    16  co,  or fraction thereof, in excess of five hundred cigars or ten pounds 
    17  of tobacco in the possession or under the control of  any  person,  with 
    18  respect  to  which the tobacco products tax has not been paid or assumed 
    19  by a distributor or tobacco products dealer; provided, however, that any 
    20  such penalty imposed  shall  not  exceed  seven  thousand  five  hundred 
    21  dollars  in  the aggregate. The commissioner may impose a penalty of not 
    22  more than seventy-five dollars for each fifty cigars  or  one  pound  of 
    23  tobacco,  or fraction thereof, in excess of fifty cigars or one pound of 
    24  tobacco in the possession or under the control of any  tobacco  products 
    25  dealer  or  distributor  appointed by the commissioner, and a penalty of 
    26  not more than one hundred fifty dollars for each fifty cigars  or  pound 
    27  of  tobacco,  or fraction thereof, in excess of two hundred fifty cigars 
    28  or five pounds of tobacco in the possession or under the control of  any 
    29  such  dealer  or distributor, with respect to which the tobacco products 
    30  tax has not been paid or assumed by a distributor or a tobacco  products 
    31  dealer;  provided,  however,  that  any  such  penalty imposed shall not 
    32  exceed fifteen thousand dollars in the aggregate.]
    33    (ii) The penalties imposed by this subparagraph may be imposed by  the
    34  commissioner  in  addition to any other penalty imposed by this article,
    35  but in lieu of the penalties imposed by subparagraph (i) of  this  para-
    36  graph:
    37    (A)  [(I)]  not less than thirty dollars but not more than two hundred
    38  dollars for each two hundred cigarettes, or fraction thereof, in  excess
    39  of one thousand cigarettes but less than or equal to five thousand ciga-
    40  rettes  in  unstamped  or  unlawfully  stamped packages knowingly in the
    41  possession or knowingly under the control of any person;
    42    [(II)] (B) not less than seventy-five dollars but not  more  than  two
    43  hundred dollars for each two hundred cigarettes, or fraction thereof, in
    44  excess  of  five  thousand  cigarettes  but less than or equal to twenty
    45  thousand cigarettes in unstamped or unlawfully stamped packages knowing-
    46  ly in the possession or knowingly under the control of any person; and
    47    [(III)] (C) not less than one hundred dollars but not  more  than  two
    48  hundred dollars for each two hundred cigarettes, or fraction thereof, in
    49  excess  of twenty thousand cigarettes in unstamped or unlawfully stamped
    50  packages, knowingly in the possession or knowingly under the control  of
    51  any person.
    52    [(B)(I)  not  less  than  twenty-five  dollars  but  not more than one 
    53  hundred dollars for each fifty cigars or one pound of tobacco, or  frac- 
    54  tion  thereof,  in  excess of two hundred fifty cigars or five pounds of 
    55  tobacco knowingly in the possession or knowingly under  the  control  of 
        S. 6460                            117                           A. 9560

     1  any  person, with respect to which the tobacco products tax has not been 
     2  paid or assumed by a distributor or tobacco products dealer; and 
     3    (II) not less than fifty dollars but not more than two hundred dollars 
     4  for  each  fifty  cigars  or  pound  of tobacco, or fraction thereof, in 
     5  excess of five hundred cigars or ten pounds of tobacco knowingly in  the 
     6  possession or knowingly under the control of any person, with respect to 
     7  which  the  tobacco  products  tax  has  not  been  paid or assumed by a 
     8  distributor or tobacco products dealer; provided, however, that any such 
     9  penalty imposed under this clause shall not exceed ten thousand  dollars 
    10  in the aggregate. 
    11    (C)  (I)  not  less  than  twenty-five  dollars  but not more than one 
    12  hundred dollars for each fifty cigars or one pound of tobacco, or  frac- 
    13  tion thereof, in excess of fifty cigars or one pound of tobacco knowing- 
    14  ly  in the possession or knowingly under the control of any person, with 
    15  respect to which the tobacco products tax has not been paid  or  assumed 
    16  by a distributor or tobacco products dealer; and 
    17    (II) not less than fifty dollars but not more than two hundred dollars 
    18  for  each  fifty  cigars  or  pound  of tobacco, or fraction thereof, in 
    19  excess of two hundred fifty cigars or five pounds of  tobacco  knowingly 
    20  in  the  possession  or  knowingly under the control of any person, with 
    21  respect to which the tobacco products tax has not been paid  or  assumed 
    22  by  a  distributor or a tobacco products dealer; provided, however, that 
    23  any such penalty imposed under this clause shall not exceed twenty thou- 
    24  sand dollars in the aggregate.]
    25    (iii) In addition to any other penalty imposed by  this  article,  the 
    26  commissioner  may  impose a penalty of two hundred percent of the amount 
    27  of the tax for each cigar or pound of  tobacco,  in  the  possession  or 
    28  under  the  control  of  any  person,  with respect to which the tobacco 
    29  products tax has not been paid or assumed by a  distributor  or  tobacco 
    30  products  dealer.    Provided,  however,  the penalty imposed under this 
    31  subparagraph shall only apply if the amount of cigars or tobacco  equals 
    32  or exceeds two hundred fifty cigars or five pounds of tobacco. 
    33    (iv) Any penalty provided for in this paragraph shall be determined as
    34  provided  in section four hundred seventy-eight of this chapter, and may
    35  be reviewed only  pursuant  to  such  section.  Such  penalty  shall  be
    36  collected  in  the same manner as the taxes imposed by this article. The
    37  commissioner in the commissioner's discretion, may remit all or part  of
    38  such  penalty. Such penalty shall be paid to the department and disposed
    39  of as hereinafter provided with respect to moneys derived from the tax.
    40    § 5. Subdivisions 3 and 4 of section 481 of the tax law are renumbered
    41  subdivisions 4 and 5 and a  new  subdivision  3  is  added  to  read  as
    42  follows:
    43    3.  Any officer, director, shareholder or employee of a corporation or 
    44  of a dissolved corporation, any employee of a partnership or any employ- 
    45  ee  of  an  individual  proprietorship,  who  as such officer, director, 
    46  shareholder or employee is under a duty to  act  for  such  corporation, 
    47  partnership  or proprietorship in complying with any requirement of this 
    48  article, and any member of a partnership, which fails to pay  the  taxes 
    49  imposed  by  or  pursuant  to  this article, shall, in addition to other 
    50  penalties provided by law, be liable to a penalty  equal  to  the  total 
    51  amount  of the tax not paid, plus penalties and interest computed pursu- 
    52  ant to this section. If the commissioner determines  that  such  failure 
    53  was  due  to  reasonable  cause and not due to willful neglect, it shall 
    54  remit all or part of such penalty imposed under this  subdivision.  Such 
    55  penalty  shall  be  determined, assessed, collected and paid in the same 
        S. 6460                            118                           A. 9560

     1  manner as the taxes imposed by this article and shall be disposed of  as 
     2  hereinafter provided with respect to moneys derived from the tax. 
     3    §  6.  This  act shall take effect on the first day of the first month
     4  next occurring 90 days after this act shall have become a law and  shall
     5  apply to sales made on or after such date.

     6                                   PART QQ

     7  Section  1.  Section  631  of  the  tax  law  is amended by adding a new
     8  subsection (g) to read as follows:
     9    (g) Stock option grants,  stock  appreciation  rights  and  restricted 
    10  stock.  A  nonresident  taxpayer  who  has  been granted statutory stock 
    11  options, restricted stock, nonstatutory stock options or stock  appreci- 
    12  ation rights and who, during such grant period, performs services within 
    13  New  York for, or is employed within New York by, the corporation grant- 
    14  ing such option, stock or right, shall  compute  his  or  her  New  York 
    15  source  income  as  determined under rules and regulations prescribed by 
    16  the commissioner. 
    17    § 2. Section 638 of the tax law is amended by adding a new  subsection
    18  (c) to read as follows:
    19    (c)  Stock  option  grants,  stock  appreciation rights and restricted 
    20  stock. A part-year resident taxpayer  who  has  been  granted  statutory 
    21  stock  options,  restricted  stock,  nonstatutory stock options or stock 
    22  appreciation rights and who, during such grant period, performs services 
    23  within New York for, or is employed within New York by, the  corporation 
    24  granting  such option, stock or right, shall compute his or her New York 
    25  source income as determined under rules and  regulations  prescribed  by 
    26  the commissioner. 
    27    §  3. The commissioner of taxation and finance shall propose the rules
    28  and  regulations  referenced  in  subsection  (g)  of  section  631  and
    29  subsection  (c)  of section 638 of the tax law, as added by sections one
    30  and two of this act, respectively, within one hundred eighty days of the
    31  effective date of this act. Such rules  and  regulations  may  apply  to
    32  taxable  years  beginning  on  or  after  January  1,  2006 and shall be
    33  controlling for such  taxable  years  notwithstanding  any  tax  appeals
    34  tribunal decision to the contrary.
    35    § 4. This act shall take effect immediately.

    36                                   PART RR

    37  Section  1. Subdivision 1 of section 209-B of the tax law, as amended by
    38  section 4 of part C of chapter 60 of the laws of  2004,  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 nine, a tax surcharge,
    51  in  addition  to  the tax imposed under section two hundred nine of this
    52  article, to be computed at the rate of eighteen per centum  of  the  tax
        S. 6460                            119                           A. 9560

     1  imposed  under  such  section two hundred nine for such taxable years or
     2  any part of such taxable  years  ending  before  December  thirty-first,
     3  nineteen  hundred eighty-three after the deduction of any credits other-
     4  wise  allowable  under  this  article,  and at the rate of seventeen per
     5  centum of the tax imposed under such section for such taxable  years  or
     6  any part of such taxable years ending on or after December thirty-first,
     7  nineteen  hundred eighty-three after the deduction of any credits other-
     8  wise allowable under this article; provided, however, that such rates of
     9  tax surcharge shall be applied only to that portion of the  tax  imposed
    10  under  section  two  hundred nine of this article after the deduction of
    11  any credits otherwise allowable under this article which is attributable
    12  to the taxpayer's business activity carried on within  the  metropolitan
    13  commuter  transportation  district;  and provided, further, that the tax
    14  surcharge imposed by this section shall not be imposed upon any taxpayer
    15  for more than three hundred twenty-four months. Provided  however,  that
    16  for  taxable  years  commencing on or after July first, nineteen hundred
    17  ninety-eight, such surcharge shall be calculated as  if  the  tax  rates 
    18  imposed  under  section  two  hundred  ten of this article were [imposed 
    19  under the law] the tax rates in effect for taxable years  commencing  on
    20  or  after  July  first,  nineteen  hundred  ninety-seven and before July
    21  first, nineteen hundred ninety-eight.
    22    § 2. Section 171-a of the tax law, as separately amended  by  chapters
    23  481  and 484 of the laws of 1981, is amended by adding a new subdivision
    24  3 to read as follows:
    25    3. (a) Notwithstanding subdivisions one and two of this section or any 
    26  other provision of law to the contrary, the following amounts of  reven- 
    27  ues  from the taxes imposed by section two hundred nine of this chapter, 
    28  reduced by an amount for administrative costs relating to such  amounts, 
    29  shall be deposited to the credit of the metropolitan mass transportation 
    30  operating  assistance  account  in  the  mass  transportation  operating 
    31  assistance fund, created pursuant to section eighty-eight-a of the state 
    32  finance law:  for the state fiscal year two thousand  six--two  thousand 
    33  seven,  eight  million  dollars;  for the state fiscal year two thousand 
    34  seven--two thousand eight, sixteen million dollars; for the state fiscal 
    35  year two thousand eight--two thousand nine, and each fiscal year  there- 
    36  after in which the surcharge imposed under section two hundred nine-B of 
    37  this chapter is in effect, sixty-five million dollars in each such year. 
    38  Such  amounts  shall  be  paid  over the state fiscal year in September, 
    39  December and March of such years. 
    40    (b) Notwithstanding subdivisions one and two of this  section  or  any 
    41  other  provision of law to the contrary, the following amounts of reven- 
    42  ues from the taxes imposed by section fourteen hundred fifty-one of this 
    43  chapter, reduced by an amount for administrative costs relating to  such 
    44  amounts,  shall  be  deposited  to  the  credit of the metropolitan mass 
    45  transportation operating assistance account in the  mass  transportation 
    46  operating assistance fund, created pursuant to section eighty-eight-a of 
    47  the  state finance law:  for the state fiscal year two thousand six--two 
    48  thousand seven, seven million dollars; for the  state  fiscal  year  two 
    49  thousand  seven--two  thousand  eight, fourteen million dollars; for the 
    50  state fiscal year two thousand eight--two thousand nine, and each fiscal 
    51  year thereafter in which the surcharge imposed  under  section  fourteen 
    52  hundred fifty-five-B is imposed, thirty-two million dollars in each such 
    53  year.  Such  amounts shall be paid over the state fiscal year in Septem- 
    54  ber, December and March of such years. 
    55    (c) The amount for administrative costs shall  be  determined  by  the 
    56  commissioner to represent reasonable costs of the department in adminis- 
        S. 6460                            120                           A. 9560

     1  tering,  collecting,  determining,  and  distributing such taxes. Of the 
     2  total revenue collected or received under such sections of this chapter, 
     3  the comptroller shall retain in his or her  hands  such  amount  as  the 
     4  commissioner may determine to be necessary for refunds or reimbursements 
     5  under  such sections of this chapter out of which amount the comptroller 
     6  shall pay any refunds or reimbursements  to  which  taxpayers  shall  be 
     7  entitled under the provisions of such sections. The commissioner and the 
     8  comptroller  shall  maintain  a system of accounts showing the amount of 
     9  revenue collected or received from each of the  taxes  imposed  by  such 
    10  sections. 
    11    § 3. This act shall take effect immediately.

    12                                   PART SS

    13  Section 1. Subparagraph (B) of paragraph 1 of subdivision (b) of section
    14  483  of  the  tax  law,  as amended by chapter 1 of the laws of 1999, is
    15  amended to read as follows:
    16    (B) In the absence of the filing with the commissioner of satisfactory
    17  proof of a lesser cost of doing business of the agent making  the  sale,
    18  the  cost of doing business by the agent shall be presumed to be [seven- 
    19  eighths of one] 1.9375 percent of the basic cost of cigarettes for sales
    20  to wholesale dealers plus [one cent per package of ten cigarettes,]  two
    21  cents  per  package  of [twenty] cigarettes and in the case of a package
    22  containing more than twenty cigarettes, two cents and one-half of a cent
    23  for each five cigarettes in excess of twenty cigarettes, [one  and  one- 
    24  half]  3.0  percent  of  the basic cost of cigarettes for sales to chain
    25  stores plus [one cent per package of  ten  cigarettes,]  two  cents  per
    26  package  of  [twenty] cigarettes and in the case of a package containing
    27  more than twenty cigarettes, two cents and one-half of a cent  for  each
    28  five  cigarettes  in  excess  of twenty cigarettes and [three and seven- 
    29  eighths] 5.4375 percent of the basic cost of cigarettes with respect  to
    30  sales  to  retail dealers plus [one cent per package of ten cigarettes,]
    31  two cents per package of [twenty] cigarettes and in the case of a  pack-
    32  age  containing more than twenty cigarettes, two cents and one-half of a
    33  cent for each five cigarettes in excess of  twenty  cigarettes  and  the
    34  foregoing  cents  per pack shall be included in the "cost of doing busi-
    35  ness by the agent" referred to in  paragraphs  two  and  three  of  this
    36  subdivision.
    37    § 2. Subparagraph (B) of paragraph 2 of subdivision (b) of section 483
    38  of  the tax law, as amended by chapter 4 of the laws of 1988, is amended
    39  to read as follows:
    40    (B) In the absence of the filing with the [tax commission] commission- 
    41  er of satisfactory proof of a lesser  cost  of  doing  business  of  the
    42  wholesale  dealer  making  the  sale,  the cost of doing business by the
    43  wholesale dealer with respect  to  sales  to  retail  dealers  shall  be
    44  presumed to be [three per centum] 3.5 percent of the basic cost of ciga-
    45  rettes, and with respect to sales to chain stores, [five-eighths of one]
    46  1.125 percent of the basic cost of cigarettes.
    47    §  3. This act shall take effect June 1, 2006; provided, however, that
    48  the commissioner of taxation and finance  shall  be  authorized  on  and
    49  after this act shall have become a law to take steps necessary to imple-
    50  ment these provisions on their effective date.

    51                                   PART TT
        S. 6460                            121                           A. 9560

     1  Section  1.  Section  2 of chapter 714 of the laws of 2004, amending the
     2  tax law relating to limiting the  credit  of  tax  overpayments  to  the
     3  office  of temporary and disability assistance for certain taxpayers, is
     4  amended to read as follows:
     5    § 2. This act shall take effect immediately and shall apply to taxable
     6  years  beginning  on  and  after  January 1, 2004 [and before January 1, 
     7  2007].
     8    § 2. This act shall take effect immediately.
     9    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    10  sion, section or part of this act shall be  adjudged  by  any  court  of
    11  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    12  impair, or invalidate the remainder thereof, but shall  be  confined  in
    13  its  operation  to the clause, sentence, paragraph, subdivision, section
    14  or part thereof directly involved in the controversy in which such judg-
    15  ment shall have been rendered. It is hereby declared to be the intent of
    16  the legislature that this act would  have  been  enacted  even  if  such
    17  invalid provisions had not been included herein.
    18    §  3.  This  act shall take effect immediately provided, however, that
    19  the applicable effective date of Parts A through TT of this act shall be
    20  as specifically set forth in the last section of such Parts.
        S. 6460                            122                           A. 9560

     1                  2006-2007 NEW YORK STATE EXECUTIVE BUDGET
     2                       REVENUE ARTICLE VII LEGISLATION

     3                                  CONTENTS

     4                                                               STARTING
     5                                                                 PAGE
     6  PART   DESCRIPTION                                            NUMBER

     7  A      Eliminate the marriage penalty by increasing the         4
     8         standard deductions and increasing the rate recapture
     9         threshold.
    10  B      Reduce the top personal income tax (PIT) rate from       7
    11         6.85 percent to 6.75 percent and increase the
    12         bracket to which the top rate applies.
    13  C      Expand the current exemption for members of organized    15
    14         militia to persons called to service in New York State
    15         by the Federal government.
    16  D      Provide a new refundable credit for primary and          15
    17         secondary tuition and other instructional expenses.
    18  E      Phase out and eliminate the estate tax by conforming     17
    19         State exemptions to Federal levels.
    20  F      Expand the Empire Zone Program.                          18
    21  G      Eliminate the additional Corporate Franchise Tax         21
    22         imposed on subsidiary capital.
    23  H      Eliminate the Alternative Minimum base.                  21
    24  I      Provide for immediate expensing for business assets      22
    25         placed in service in New York.
    26  J      Reduce the rate imposed under the Entire Net Income      26
    27         Tax (ENI) base from 7.5 to 6.75 percent.
    28  K      Eliminate the Capital and Asset base.                    29
    29  L      Eliminate the S-Corporation differential tax.            32
    30  M      Reform the manner in which life insurance companies      32
    31         calculate their taxes when more than 95 percent of their
    32         total premiums consist of annuity premiums.
    33  N      Decrease the maximum and minimum limitations on the      32
    34         franchise tax applicable to life insurance companies.
    35  O      Increase the sales tax vendor credit from a State only   33
    36         base to a State and local base as well as increasing
    37         the quarterly cap from $150 to $250 over three years.
    38  P      Extend the Federal Gramm-Leach-Bliley Act provisions     35
    39         and make New York State and New York City Bank Tax
    40         Reform provisions permanent.
    41  Q      Authorize two sales tax free weeks for the purchase of   42
    42         Energy Star appliances and home weather stripping,
    43         caulking, and insulation products.
    44  R      Provide a refundable credit to residents age 65 and      51
    45         older.
    46  S      Provide a refundable credit equal to 50 percent of the   51
    47         costs of upgrading or renovating a residential home
    48         heating system.
    49  T      Provide small business taxpayers and farmers with a      52
    50         refundable credit for energy costs.
    51  U      Provide tax credits for the purchase of alternative      58
    52         fuel vehicles and for the production of alternative
        S. 6460                            123                           A. 9560

     1         fuels.
     2  V      Exempt the sale of alternative fuels (e.g., E85)         68
     3         from motor fuel and sales taxes.
     4  W      Improve the efficiency and implementation of the         73
     5         Brownfields program.
     6  X      Create a credit for the restoration of historic homes.   74
     7  Y      Create a new credit for farmers for property tax paid    77
     8         on land related to conservation easements.
     9  Z      Make the clothing exemption permanent for purchases up   80
    10         to $250 for 2 weeks annually.
    11  AA     Extend LLC fees.                                         85
    12  BB     Extend the additional fixed dollar minimum brackets.     86
    13  CC     Make permanent $2 million in annual credits for          86
    14         investing in low income housing.
    15  DD     Make permanent the partial sales tax exemption for       86
    16         admission charges to qualifying amusement parks.
    17  EE     Amend and make permanent the distribution of a portion   86
    18         of corporation and utility tax receipts to the Dedica-
    19         ted Highway and Bridge Trust Fund and the Mass Transp-
    20         ortation Operating Assistance Fund.
    21  FF     Simplify the administration of the sales and use tax     87
    22         registration program for persons contracting with the
    23         State.
    24  GG     Authorize competitive bidding on three additional        93
    25         licenses to operate a Video Lottery facility.
    26  HH     Lower the dormancy period on travelers' checks and       94
    27         money orders under the abandoned property law.
    28  II     Address deficiencies in existing law relating to the     95
    29         collection of taxes with respect to sales of goods and
    30         services on Indian reservations to non-Indians.
    31  JJ     Save harmless NYC from the reduction of their cigaret-   103
    32         te tax from $1.50 to $0.50 per pack.
    33  KK     Make Quick Draw permanent and eliminate restrictions on  104
    34         food sales; hours of operation and reduce the minimum
    35         size of establishments that can offer Quick Draw.
    36  LL     Make the Empire State Film tax credit permanent and      105
    37         increase the maximum annual credit to $30 million.
    38  MM     Establish a maximum bond limit to stay execution of a    106
    39         judgment for litigation under appeal by tobacco
    40         manufacturers and their affiliates.
    41  NN     Change the tax treatment of REITS and RICS under the     106
    42         Bank Tax.
    43  OO     Authorize joint custody of the Abandoned Property Fund.  110
    44  PP     Reform the tobacco products and cigarette taxes to       113
    45         remedy various compliance and enforcement problems.
    46  QQ     Clarify treatment of the taxability of certain income    118
    47         for non-State residents.
    48  RR     Hold MTA harmless for certain corporate tax reductions.  118
    49  SS     Increase the minimum mark-ups under the Cigarette        120
    50         Marketing Standards Act.
    51  TT     Limit amount that can be offset for the Earned Income    120
    52         Tax Credit.