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S4009C

Budget Bill - Tax Law amendments — 2023-05-01 · Calendar #718

The New York State Senate passed a sweeping $229 billion budget bill on May 1 that expands tax credits for film and Broadway productions while implementing controversial changes to wind and solar property assessments. The bill passed 38-24 on a largely party-line vote, with 24 Republicans and some Democrats opposing the measure. The legislation increases the film tax credit from $420 million to $700 million and adds $100 million over two years for Broadway productions, now including off-Broadway theaters with budgets of at least $750,000. The bill also extends a corporate tax surcharge expected to raise $810 million in fiscal 2024-25, with revenue directed to the state's general fund. A contentious provision eliminates the requirement that wind and solar property assessments follow the State Administrative Procedures Act, instead allowing the Department of Tax and Finance and NYSERDA to establish assessment methodologies. Opponents, led by Sen. Walczyk, argued the change strips local control and threatens school district revenues in upstate communities with existing payment-in-lieu-of-taxes agreements. The bill includes $455 million in state financing for a three-year Belmont Park renovation project, structured as a 20-year loan at 1.8 percent fixed interest. Supporters highlighted job creation and economic development benefits. An amendment by Sen. Weik to expand the Empire State child tax credit to include children under age 4 was ruled nongermane and defeated. The Senate rejected an appeal of the ruling 21-41. The bill also includes provisions addressing senior tax relief, MTA funding mechanisms, and modifications to the Concealed Carry Improvement Act.
PASSED Ayes: 38 · Nays: 24

Debate Summary

The Senate debated a comprehensive tax and budget bill covering corporate taxes, MTA funding, film and Broadway tax credits, wind and solar property assessments, childcare credits, and the Belmont Park renovation project. Key debates centered on the expansion of film tax credits to $700 million, the elimination of SAPA requirements for wind and solar assessments, MTA funding mechanisms, and concerns about local control and school district impacts. Supporters highlighted job creation and economic development benefits, while opponents criticized tax breaks for wealthy industries and reduced local authority.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Ashby nay Republican
Borrello nay Republican
Brisport nay Democrat
Canzoneri-Fitzpatrick nay Republican
Gallivan nay Republican
Gonzalez nay Democrat
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Rolison nay Republican
Salazar nay Democrat
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican

Amendments

Sponsor Description Outcome
Sen. Weik Amendment to expand the Empire State child tax credit by recoupling it to federal law and expanding eligibility to include children under age 4, providing $500 million in additional support to families. defeated