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Press Releases

For Immediate Release: March 23rd, 2004

Contact: Contact: Jordan Isenstadt (c) 516.991.3842 (w) 212.490.9535 (f) 212.490.2151

 

***PRESS RELEASE***

 

State Senator Liz Krueger Pushes for Empire Zone Reform

 

Proposes ‘Corporate Accountability for Tax Expenditures Act’ That Would Create a Transparent and Comprehensive Record of All Economic Development Incentives

 

Albany, NY – Saying "this issue can no longer be ignored," State Senator Liz Krueger (D-Manhattan) today called for immediate action to reform New York State’s Empire Zone program following a report critical of its management by State Comptroller Alan G. Hevesi.

 

“Dollars spent on tax breaks should be reviewed with the same degree of scrutiny as dollars spent on all other government programs,” remarked Senator Krueger.  “In addition to real job creation, companies should be expected to have a record of good corporate citizenship if they are going to receive public support.  Currently there are no such standards.  If subsidies are really going to benefit the people of New York, the businesses that receive them should be required to pay a living wage, avoid criminal activity and work with the communities in which they are located.  As a result, I have proposed legislation that would require that a much higher level of examination and analysis be placed upon state-brokered tax break deals.”

 

The Corporate Accountability for Tax Expenditures Act (S. 5921) was introduced by Senator Krueger in January and would amend the Business Corporation Law and the Public Authorities Law.  Specifically the bill would require that State economic assistance provided by any state agency or public authority must be based on the terms of a standardized written incentive agreement.  In addition, the legislation mandates that certain development assistance agreements be submitted to the Department of Taxation and Finance.  Furthermore, the bill provides that if a business fails to create or retain the specified number of jobs and breaks the contract, the business will no longer qualify for State economic assistance. 

 

“This legislation will go a long way towards ensuring that tax incentive programs such as Empire Zones are actually delivering the economic development benefits they claim to provide to our State,” said Senator Krueger.  “While job creation must be a key aspect of New York State’s economic future, it is not acceptable for thousands of businesses to take advantage of the incredibly weak Empire Zone program that masquerades as a job creating mechanism.  The numbers prove that the Empire Zone program is misusing precious State funds by giving tax breaks to companies that have figured out how to manipulate the system.”

 

The Economic Development Zone Program (now known as Empire Zones) was originally conceived by the State Legislature in 1986.  The stated intent was to offer limited tax breaks to companies willing to settle in depressed geographic zones.  The idea was to attract businesses and high paying jobs to impoverished areas.  Whereas there were once only a handful of zones in the late 1980’s, there are now 72 zones across the state, which have increasingly been created based on politics, rather than on need.  Presently, businesses can qualify for virtual tax-free status through sales tax exemptions, state reimbursements of local property taxes and business taxes, and savings on electricity and gas.

 

Comptroller Hevesi’s audit reviewed Empire Zones in Binghamton, Buffalo, Friendship (Allegany County), Islip, Rochester, Syracuse, Tonawanda and Yonkers. It discovered that:

·        ·        47 percent of the businesses that received tax breaks created fewer jobs than promised and 23 percent actually lost jobs. Only 30 percent of the businesses exceeded hiring expectations;

·        ·        Local zones did not evaluate the performances of the companies, so many firms have for years continued to receive tax breaks even if they are not creating jobs, despite the fact that job creation is one of the criteria for receiving tax breaks; and

·        ·        Oversight of the program is poor, so it is difficult to determine the amount of tax breaks that are given out, or how much the program costs.

 

Senator Krueger noted several egregious examples of companies taking advantage of the program included an East Harlem business that received $500,000 in state economic development tax breaks and created merely two jobs that paid a total of $14,080 a year; a Syracuse company that created one job at an annual salary of $26,000 and claimed tax credits in excess of $250,000; and a Rochester company created one job at a $10,000 annual salary and received a real property tax credit of $137,000.  In total, the Empire Zone’s will cost an estimated $291 million in lost tax revenue this year.  The Comptroller’s office is scheduled to release additional audits of the program.

 

“The State’s structural budget problems mean that we must ensure public transparency and ongoing review of expended dollars and lost State revenues,” Senator Krueger said.  “We need to evaluate whether these models are working and we must exercise oversight to make sure that programs run efficiently so that the State gets the best deal for each dollar.  Many of the corporate tax expenditures have been enacted in the name of encouraging investment and job creation in New York, however the efficacy of the expenditures have yet to be analyzed and measured.  By having the Department of Taxation and Finance submit a report on all of the State’s tax expenditures and exemptions, we can make more informed decisions based on the effectiveness of the existing program.”

 

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