S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7171
                                   I N  S E N A T E
                                    March 18, 2010
                                      ___________
       Introduced by Sens. MORAHAN, LARKIN, RANZENHOFER, VOLKER, WINNER -- read
         twice  and  ordered  printed,  and when printed to be committed to the
         Committee on Investigations and Government Operations
       AN ACT to amend the tax law, in relation to empire zones
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision 12-B of section 210 of the tax law is amended
    2  by adding a new paragraph (g) to read as follows:
    3    (G) NOTWITHSTANDING THE EXPIRATION OF THE EMPIRE ZONES  PROGRAM  UNDER
    4  ARTICLE  EIGHTEEN-B  OF  THE  GENERAL  MUNICIPAL LAW, A TAXPAYER THAT IS
    5  CERTIFIED AS AN EMPIRE ZONE BUSINESS PURSUANT TO SUCH ARTICLE EIGHTEEN-B
    6  ON THE DAY IMMEDIATELY  PRECEDING  THE  DAY  THE  EMPIRE  ZONES  PROGRAM
    7  EXPIRED  SHALL  CONTINUE TO BE DEEMED CERTIFIED UNDER SUCH ARTICLE EIGH-
    8  TEEN-B FOR PURPOSES OF THIS SUBDIVISION UNTIL APRIL FIRST, TWO  THOUSAND
    9  FOURTEEN.  IN ADDITION THE AREAS DESIGNATED AS EMPIRE ZONES IN WHICH THE
   10  TAXPAYER IS CERTIFIED AS AN EMPIRE ZONE BUSINESS ON THE DAY  IMMEDIATELY
   11  PRECEDING  THE DAY THE EMPIRE ZONES PROGRAM EXPIRED SHALL CONTINUE TO BE
   12  DEEMED EMPIRE ZONES FOR PURPOSES OF THIS SUBDIVISION UNTIL APRIL  FIRST,
   13  TWO THOUSAND FOURTEEN.
   14    S  2.    Subsection  (j)  of  section 606 of the tax law is amended by
   15  adding a new paragraph 7 to read as follows:
   16    (7) NOTWITHSTANDING THE EXPIRATION OF THE EMPIRE ZONES  PROGRAM  UNDER
   17  ARTICLE  EIGHTEEN-B  OF  THE  GENERAL  MUNICIPAL LAW, A TAXPAYER THAT IS
   18  CERTIFIED AS AN EMPIRE ZONE BUSINESS PURSUANT TO SUCH ARTICLE EIGHTEEN-B
   19  ON THE DAY IMMEDIATELY  PRECEDING  THE  DAY  THE  EMPIRE  ZONES  PROGRAM
   20  EXPIRED  SHALL  CONTINUE TO BE DEEMED CERTIFIED UNDER SUCH ARTICLE EIGH-
   21  TEEN-B FOR PURPOSES OF THIS SUBSECTION UNTIL APRIL FIRST,  TWO  THOUSAND
   22  FOURTEEN.  IN ADDITION THE AREAS DESIGNATED AS EMPIRE ZONES IN WHICH THE
   23  TAXPAYER IS CERTIFIED AS AN EMPIRE ZONE BUSINESS ON THE DAY  IMMEDIATELY
   24  PRECEDING  THE DAY THE EMPIRE ZONES PROGRAM EXPIRED SHALL CONTINUE TO BE
   25  DEEMED EMPIRE ZONES FOR PURPOSES OF THIS SUBSECTION UNTIL  APRIL  FIRST,
   26  TWO THOUSAND FOURTEEN.
   27    S  3.    Subdivision  12-C of section 210 of the tax law is amended by
   28  adding a new paragraph (d) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD16103-01-0
       S. 7171                             2
    1    (D) NOTWITHSTANDING THE EXPIRATION OF THE EMPIRE ZONES  PROGRAM  UNDER
    2  ARTICLE  EIGHTEEN-B  OF  THE  GENERAL  MUNICIPAL LAW, A TAXPAYER THAT IS
    3  CERTIFIED AS AN EMPIRE ZONE BUSINESS PURSUANT TO SUCH ARTICLE EIGHTEEN-B
    4  ON THE DAY IMMEDIATELY  PRECEDING  THE  DAY  THE  EMPIRE  ZONES  PROGRAM
    5  EXPIRED  SHALL  CONTINUE TO BE DEEMED CERTIFIED UNDER SUCH ARTICLE EIGH-
    6  TEEN-B FOR PURPOSES OF THIS SUBDIVISION UNTIL APRIL FIRST, TWO  THOUSAND
    7  FOURTEEN.  IN ADDITION THE AREAS DESIGNATED AS EMPIRE ZONES IN WHICH THE
    8  TAXPAYER IS CERTIFIED AS AN EMPIRE ZONE BUSINESS ON THE DAY  IMMEDIATELY
    9  PRECEDING  THE DAY THE EMPIRE ZONES PROGRAM EXPIRED SHALL CONTINUE TO BE
   10  DEEMED EMPIRE ZONES FOR PURPOSES OF THIS SUBDIVISION UNTIL APRIL  FIRST,
   11  TWO THOUSAND FOURTEEN.
   12    S  4.  Subsection  (j-1)  of  section 606 of the tax law is amended by
   13  adding a new paragraph 4 to read as follows:
   14    (4) NOTWITHSTANDING THE EXPIRATION OF THE EMPIRE ZONES  PROGRAM  UNDER
   15  ARTICLE  EIGHTEEN-B  OF  THE  GENERAL  MUNICIPAL LAW, A TAXPAYER THAT IS
   16  CERTIFIED AS AN EMPIRE ZONE BUSINESS PURSUANT TO SUCH ARTICLE EIGHTEEN-B
   17  ON THE DAY IMMEDIATELY  PRECEDING  THE  DAY  THE  EMPIRE  ZONES  PROGRAM
   18  EXPIRED  SHALL  CONTINUE TO BE DEEMED CERTIFIED UNDER SUCH ARTICLE EIGH-
   19  TEEN-B FOR PURPOSES OF THIS SUBSECTION UNTIL APRIL FIRST,  TWO  THOUSAND
   20  FOURTEEN.  IN ADDITION THE AREAS DESIGNATED AS EMPIRE ZONES IN WHICH THE
   21  TAXPAYER IS CERTIFIED AS AN EMPIRE ZONE BUSINESS ON THE DAY  IMMEDIATELY
   22  PRECEDING  THE DAY THE EMPIRE ZONES PROGRAM EXPIRED SHALL CONTINUE TO BE
   23  DEEMED EMPIRE ZONES FOR PURPOSES OF THIS SUBSECTION UNTIL  APRIL  FIRST,
   24  TWO THOUSAND FOURTEEN.
   25    S 5. This act shall take effect immediately.