S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1142
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- 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  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 M of chapter  59  of  the  laws  of
 2017, is amended to read as follows:
   (5)  For  the period two thousand fifteen through two thousand twenty-
 two, 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
 partnership) of ten percent and the amount of wages or salaries paid  to
 individuals  directly  employed  (excluding  those  employed as writers,
 directors, music directors, producers and  performers,  including  back-
 ground  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.
              

                                                            LBD02779-01-9

 S. 1142                             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 twenty-two
 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 twenty-two.
   § 2. This act shall take effect immediately.