S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          485
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Investigations and Govern-
         ment Operations
       AN ACT to amend the tax law, in relation to the imposition of sales  and
         compensating  use  taxes on machinery and equipment for use in loading
         cargo at marine terminal facilities in certain cities
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Paragraph 41 of subdivision (a) of section 1115 of the tax
    2  law, as added by chapter 508 of the laws of 2005, is amended to read  as
    3  follows:
    4    (41)  machinery  and  equipment  for use directly and predominantly in
    5  loading, unloading and handling cargo  at  a  marine  terminal  facility
    6  located  in a city with a population of one million or more which in two
    7  thousand three, handled more than three hundred fifty  thousand  twenty-
    8  foot  equivalent  units (TEUs). For the purpose of this section the term
    9  twenty-foot equivalent unit (TEU) is used to express the relative number
   10  of containers based on the equivalent length of a twenty-foot container;
   11  PROVIDED THAT THE EXEMPTION PROVIDED BY THIS PARAGRAPH SHALL  NOT  APPLY
   12  TO TAXES IMPOSED PURSUANT TO SECTION TWELVE HUNDRED TEN OF THIS CHAPTER.
   13    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01681-01-9