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

                                  6987

                            I N  S E N A T E

                             March 14, 2016
                               ___________

Introduced by Sens. AMEDORE, LARKIN, MARCHIONE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Investi-
  gations and Government Operations

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-

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

                                                           LBD14462-01-6

S. 6987                             2

teen of the annual allocation made available to the program pursuant  to
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.