S T A T E   O F   N E W   Y O R K
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                                  9415

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Ways and Means

AN ACT to amend the tax law, in relation to  increasing  the  number  of
  counties  in which services can be performed to qualify for the empire
  state film production credit

  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 amended by section 1 of part JJ of chapter 59  of  the  laws  of
2014, 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, SARATOGA,
Schenectady,  Schoharie,  Schuyler,  Seneca,  St.   Lawrence,   Steuben,
SUFFOLK,  SULLIVAN,  Tioga, Tompkins, ULSTER, WARREN, WASHINGTON, Wayne,
Wyoming, 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  nine-
teen  of the annual allocation made available to the program pursuant to

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

                                                           LBD14462-01-6

A. 9415                             2

paragraph 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 aggre-
gate 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.