S T A T E   O F   N E W   Y O R K
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                                  5691

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 5, 2013
                               ___________

Introduced  by  Sen.  FARLEY -- 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  requiring  that  services
  eligible for the empire state film production tax credit take place in
  certain counties

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 5 of subdivision (a) of section  24  of  the  tax
law,  as added by section 7 of part B of chapter 59 of the laws of 2013,
is amended to read as follows:
  (5) For the period two thousand fifteen through two thousand nineteen,
in addition to the amount of credit established in paragraph two of this
subdivision, a taxpayer shall be allowed a credit equal to  the  product
(or pro rata share of the product, in the case of a member of a partner-
ship)  of  ten percent and the amount of wages or salaries paid to indi-
viduals directly employed (excluding those employed as  writers,  direc-
tors,  music  directors,  producers and performers, including background
actors with no scripted lines) by a qualified film production company or
a qualified independent film production company for  services  performed
by  those individuals in one of the counties specified in this paragraph
in connection with a qualified  film  with  a  minimum  budget  of  five
hundred  thousand dollars.   For purposes of this additional credit, the
services must be performed in one or more  of  the  following  counties:
ALBANY,  Allegany,  Broome,  Cattaraugus,  Cayuga,  Chautauqua, Chemung,
Chenango, Clinton, COLUMBIA, Cortland, Delaware, DUTCHESS, Erie,  Essex,
Franklin, Fulton, Genesee, GREENE, Hamilton, Herkimer, Jefferson, Lewis,
Livingston,  Madison,  Monroe,  Montgomery,  Niagara,  Oneida, Onondaga,
Ontario, ORANGE, Orleans, Oswego, Otsego, PUTNAM, RENSSELAER,  ROCKLAND,
SARATOGA,  SCHENECTADY, Schoharie, Schuyler, Seneca, St. Lawrence, Steu-
ben, SULLIVAN, Tioga, Tompkins, ULSTER, WARREN, WASHINGTON, Wayne, Wyom-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10749-02-3
              

S. 5691                             2

ing, or Yates.  The aggregate amount of tax credits allowed pursuant  to
the  authority of this paragraph shall be five million dollars each year
during the period two thousand fifteen through two thousand nineteen  of
the  annual  allocation  made available to the program pursuant to para-
graph four of subdivision (e) of this section. Such aggregate amount  of
credits  shall  be allocated by the governor's office for motion picture
and television development among taxpayers in order  of  priority  based
upon the date of filing an application for allocation of film production
credit  with  such  office.  If  the  total  amount of allocated credits
applied for under this paragraph  in  any  year  exceeds  the  aggregate
amount  of  tax credits allowed for such year under this paragraph, such
excess shall be treated as having been applied for on the first  day  of
the  next year. If the total amount of allocated tax credits applied for
under this paragraph at the conclusion of any year  is  less  than  five
million  dollars,  the  remainder shall be treated as part of the annual
allocation made available to the program pursuant to paragraph  four  of
subdivision  (e)  of this section. However, in no event may the total of
the credits allocated under this paragraph  and  the  credits  allocated
under  paragraph  five  of subdivision (a) of section thirty-one of this
article exceed five million dollars in any year during  the  period  two
thousand fifteen through two thousand nineteen.
  S 2. This act shall take effect immediately and shall apply to taxable
years beginning on or after January 1, 2013.