S. 1865 2
2. "ELIGIBLE BUSINESS" SHALL MEAN A MINORITY-OWNED BUSINESS ENTERPRISE
AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, A WOMEN-
OWNED BUSINESS ENTERPRISE AS DEFINED IN SECTION THREE HUNDRED TEN OF THE
EXECUTIVE LAW, A CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS
ENTERPRISE AS DEFINED IN SECTION FORTY OF THE VETERANS' SERVICES LAW, OR
A SMALL BUSINESS AS DEFINED IN THIS SECTION.
3. "EXCLUDED ORGANIZATION" SHALL MEAN:
(A) AN ORGANIZATION DESCRIBED IN SUBSECTION FOUR, FIVE OR SIX OF
SECTION 501(C) OF THE UNITED STATES INTERNAL REVENUE CODE;
(B) A POLITICAL ORGANIZATION AS DEFINED IN SECTION 527(E) OF THE
UNITED STATES INTERNAL REVENUE CODE; OR
(C) ANY ORGANIZATIONS THAT RECEIVED MORE THAN ONE HUNDRED THOUSAND
DOLLARS, IN THE AGGREGATE, FROM ORGANIZATIONS DESCRIBED IN PARAGRAPH (A)
OR (B) OF THIS SUBDIVISION.
4. "LOCAL NEWS JOURNALIST" SHALL MEAN ANY RESIDENT OF THE STATE OF NEW
YORK WHO REGULARLY GATHERS, PREPARES, PRODUCES, COLLECTS, EDITS, PHOTO-
GRAPHS, RECORDS, DIRECTS THE RECORDING OF, WRITES, PRESENTS, BROADCASTS,
PRINTS, PUBLISHES OR REPORTS NEWS OR INFORMATION THAT CONCERNS LOCAL OR
CURRENT EVENTS OF A NEW YORK STATE COUNTY, TOWN, VILLAGE, CITY, OR
HAMLET, OR ANY COMBINATION THEREOF.
5. "LOCAL NEWSPAPER" SHALL MEAN A PRINT OR DIGITAL PUBLICATION THAT:
(A) PUBLISHES NEWS CONTENT THAT IS PRIMARILY FOCUSED ON LOCAL OR
CURRENT EVENTS OF A NEW YORK STATE COUNTY, TOWN, VILLAGE, CITY, OR
HAMLET, OR ANY COMBINATION THEREOF, OTHERWISE KNOWN AS SUCH LOCAL NEWS-
PAPER'S PRIMARY COVERAGE AREA;
(B) EMPLOYS AT LEAST ONE FULL-TIME LOCAL NEWS JOURNALIST THAT RESIDES
IN, OR WITHIN FIFTY MILES OF, THE PUBLICATION'S PRIMARY COVERAGE AREA;
(C) PUBLISHES AND DISTRIBUTES LOCAL NEWS CONTENT NOT LESS FREQUENTLY
THAN ONCE PER WEEK, AND HAS DONE SO CONTINUOUSLY FOR THE PRECEDING
TWELVE-MONTH PERIOD;
(D) CARRIES VALID LIBEL OR MEDIAL LIABILITY INSURANCE; AND
(E) FOR A LOCAL NEWSPAPER THAT DISTRIBUTES IN ONLY A DIGITAL FORMAT,
(I) EARNED REVENUE OF AT LEAST ONE HUNDRED THOUSAND DOLLARS IN THE
PRECEDING TAXABLE YEAR AND (II) DERIVES AT LEAST THIRTY-THREE PERCENT OF
ITS AUDIENCE, AVERAGED OVER THE PRECEDING TWELVE-MONTH PERIOD, FROM ITS
PRIMARY COVERAGE AREA.
5-A. FOR THE PURPOSES OF THIS SECTION, A PRINT OR DIGITAL PUBLICATION
SHALL NOT BE CONSIDERED A LOCAL NEWSPAPER OR BROADCAST MEDIA BUSINESS IF
SUCH PUBLICATION IS:
(A) DISTRIBUTED OR MADE AVAILABLE PRIMARILY FOR ADVERTISING OR ENTER-
TAINMENT PURPOSES; OR
(B) MAJORITY OWNED BY, OR DERIVES AT LEAST FIFTY PERCENT OF ITS REVEN-
UE FROM, EXCLUDED ORGANIZATIONS.
6. "BROADCAST MEDIA BUSINESS" SHALL MEAN ANY BROADCAST STATION WHICH:
(A) OWNS OR OPERATES A BROADCAST STATION, AS DEFINED BY SECTION THREE
OF THE FEDERAL COMMUNICATIONS ACT OF 1934;
(B) DISCLOSES ITS OWNERSHIP TO THE PUBLIC AT SUCH TIMES AND IN SUCH
MANNER AS IDENTIFIED BY THE COMMISSIONER;
(C) BROADCASTS NEWS CONTENT THAT IS PRIMARILY FOCUSED ON LOCAL OR
CURRENT EVENTS OF A NEW YORK STATE COUNTY, TOWN, VILLAGE, CITY, OR
HAMLET, OR ANY COMBINATION THEREOF, OTHERWISE KNOWN AS SUCH BROADCAST
MEDIA BUSINESS' PRIMARY COVERAGE AREA;
(D) EMPLOYS AT LEAST ONE FULL-TIME LOCAL NEWS JOURNALIST THAT RESIDES
IN, OR WITHIN FIFTY MILES OF, THE BROADCAST MEDIA BUSINESS' PRIMARY
COVERAGE AREA;
S. 1865 3
(E) BROADCASTS LOCAL NEWS CONTENT NOT LESS FREQUENTLY THAN ONCE PER
WEEK, AND HAS DONE SO CONTINUOUSLY FOR THE PRECEDING TWELVE-MONTH PERI-
OD;
(F) CARRIES VALID LIBEL OR MEDIA LIABILITY INSURANCE; AND
(G) FOR A BROADCAST MEDIA BUSINESS THAT DISTRIBUTES IN ONLY A DIGITAL
FORMAT: (I) EARNED REVENUE OF AT LEAST ONE HUNDRED THOUSAND DOLLARS IN
THE PRECEDING TAXABLE YEAR; AND (II) DERIVES AT LEAST THIRTY-THREE
PERCENT OF ITS AUDIENCE, AVERAGED OVER THE PRECEDING TWELVE-MONTH PERI-
OD, FROM ITS PRIMARY COVERAGE AREA.
6-A. FOR THE PURPOSES OF THIS SECTION, A BROADCAST STATION SHALL NOT
BE CONSIDERED A BROADCAST MEDIA BUSINESS IF SUCH BROADCAST STATION IS:
(A) BROADCAST PRIMARILY FOR ADVERTISING OR ENTERTAINMENT PURPOSES; OR
(B) MAJORITY OWNED BY, OR DERIVES AT LEAST FIFTY PERCENT OF ITS REVENUE
FROM, EXCLUDED ORGANIZATIONS.
7. "ADVERTISING" SHALL MEAN PROVIDING CONSIDERATION FOR THE PUBLICA-
TION, BROADCAST, DISSEMINATION, SOLICITATION, OR CIRCULATION OF VISUAL,
AURAL, SPOKEN, OR WRITTEN COMMUNICATION TO DIRECTLY OR INDIRECTLY: (A)
INDUCE ANY PERSON OR ORGANIZATION TO PURCHASE A GOOD, PROGRAM, PRODUCT,
OR SERVICE, OR TO CONTRIBUTE FINANCIALLY TO A CAUSE; OR (B) RAISE AWARE-
NESS OF A BRAND, GOOD, PROGRAM, PRODUCT, SERVICE, OR ISSUE.
8."QUALIFIED LOCAL MEDIA ADVERTISING EXPENSES" MEANS AMOUNTS PAID OR
INCURRED IN THE ORDINARY COURSE OF A TRADE OR BUSINESS FOR ADVERTISING
USING A PRODUCT, SERVICE, OR OTHER OFFERING THAT IS FULLY OWNED AND
OPERATED BY A LOCAL NEWSPAPER OR BROADCAST MEDIA BUSINESS. FOR THE
PURPOSES OF THIS SECTION, ADVERTISING DISTRIBUTED IN A PROGRAMMATIC
FASHION IN A DIGITAL FORMAT SHALL NOT BE CONSIDERED QUALIFIED LOCAL
MEDIA ADVERTISING EXPENSES.
9. "SMALL BUSINESS" SHALL MEAN TEN EMPLOYEES OR FEWER AND SHALL BE
DEEMED TO BE ONE WHICH IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED
AND OPERATED AND NOT DOMINANT IN ITS FIELD.
§ 502. APPLICATION AND APPROVAL PROCESS. 1. AN ELIGIBLE BUSINESS SHALL
SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES AND A TIMEFRAME FOR
ELIGIBLE BUSINESSES TO SUBMIT APPLICATIONS. AS PART OF THE APPLICATION,
EACH ELIGIBLE BUSINESS SHALL:
(A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED BY THE COMMIS-
SIONER OF THEIR STATUS AS AN ELIGIBLE BUSINESS;
(B) AGREE TO ALLOW THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE THE
ELIGIBLE BUSINESS'S TAX INFORMATION WITH THE DEPARTMENT;
(C) AGREE TO ALLOW THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND
EMPLOYER INFORMATION WITH THE DEPARTMENT PROVIDED, HOWEVER, ANY INFORMA-
TION SHARED AS A RESULT OF THIS PROGRAM SHALL NOT BE AVAILABLE FOR
DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
(D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY AND ALL BOOKS
AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; AND
(E) AGREE TO PROVIDE ANY ADDITIONAL INFORMATION REQUIRED BY THE
DEPARTMENT RELEVANT TO THIS ARTICLE.
3. AFTER REVIEWING AN ELIGIBLE BUSINESS'S COMPLETED FINAL APPLICATION
AND DETERMINING THAT SUCH ELIGIBLE BUSINESS MEETS THE ELIGIBILITY CRITE-
RIA AS SET FORTH IN THIS ARTICLE, THE DEPARTMENT MAY ISSUE TO SUCH
ELIGIBLE BUSINESS A CERTIFICATE OF TAX CREDIT. AN ELIGIBLE BUSINESS MAY
CLAIM SUCH TAX CREDIT.
§ 503. LOCAL NEWSPAPER AND BROADCAST MEDIA BUSINESS ADVERTISING TAX
CREDIT. 1. AN ELIGIBLE BUSINESS THAT MEETS THE ELIGIBILITY REQUIREMENTS
OF THIS ARTICLE, AND MEETS ANY ADDITIONAL ELIGIBILITY CRITERIA AS
PRESCRIBED BY REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION, MAY BE
S. 1865 4
ELIGIBLE TO CLAIM A CREDIT EQUALING EIGHTY PERCENT OF SUCH ELIGIBLE
BUSINESS'S EXPENDITURES TOWARDS QUALIFIED LOCAL MEDIA ADVERTISING
EXPENSES. SUCH EXPENDITURES TOWARDS QUALIFIED LOCAL MEDIA ADVERTISING
EXPENSES USED TO CALCULATE SUCH CREDIT SHALL NOT EXCEED FIVE THOUSAND
DOLLARS.
2. THE TOTAL AMOUNT OF TAX CREDITS LISTED ON CERTIFICATES OF TAX CRED-
IT ISSUED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE SHALL NOT EXCEED
TEN MILLION DOLLARS FOR EACH YEAR THE CREDIT IS AVAILABLE PER ELIGIBLE
BUSINESS FOR THE TAXABLE YEAR. WITHIN THIS AMOUNT, SIX MILLION DOLLARS
SHALL BE SET ASIDE FOR MINORITY-OWNED BUSINESS ENTERPRISES AS DEFINED IN
SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW, WOMEN-OWNED BUSINESS
ENTERPRISES AS DEFINED IN SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW
AND CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISE AS
DEFINED IN SECTION FORTY OF THE VETERANS' SERVICES LAW AND FOUR MILLION
DOLLARS SHALL BE SET ASIDE FOR SMALL BUSINESSES AS DEFINED IN SECTION
FIVE HUNDRED ONE OF THIS ARTICLE. ALLOCATIONS MAY BE UTILIZED ACROSS THE
ABOVE REFERENCED BUSINESSES SHOULD EITHER ONE BE UNDER-ALLOCATED.
3. THE CREDIT SHALL BE ALLOWED AS PROVIDED IN SECTION FIFTY OF THE TAX
LAW.
§ 504. POWERS AND DUTIES OF THE COMMISSIONER. 1. THE COMMISSIONER
SHALL PROMULGATE REGULATIONS ESTABLISHING AN APPLICATION PROCESS AND
ELIGIBILITY CRITERIA, THAT WILL BE APPLIED CONSISTENT WITH THE PURPOSES
OF THIS ARTICLE, SO AS NOT TO EXCEED THE ANNUAL CAP ON TAX CREDITS SET
FORTH IN THIS SECTION WHICH, NOTWITHSTANDING ANY PROVISIONS TO THE
CONTRARY IN THE STATE ADMINISTRATIVE PROCEDURE ACT, MAY BE ADOPTED ON AN
EMERGENCY BASIS.
2. THE COMMISSIONER SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, DEVELOP A CERTIFICATE OF TAX CREDIT THAT SHALL BE
ISSUED BY THE COMMISSIONER TO ELIGIBLE BUSINESSES. SUCH CERTIFICATE
SHALL CONTAIN SUCH INFORMATION AS REQUIRED BY THE DEPARTMENT OF TAXATION
AND FINANCE.
3. THE COMMISSIONER SHALL SOLELY DETERMINE THE ELIGIBILITY OF ANY
APPLICANT APPLYING FOR SUCH TAX CREDIT.
§ 3. The tax law is amended by adding a new section 50 to read as
follows:
§ 50. LOCAL NEWSPAPER AND BROADCAST MEDIA BUSINESS ADVERTISING TAX
CREDIT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SUBJECT TO TAX UNDER ARTICLE
NINE-A OR TWENTY-TWO OF THIS CHAPTER SHALL BE ALLOWED A CREDIT AGAINST
SUCH TAX, PURSUANT TO THE PROVISIONS REFERENCED IN SUBDIVISION (E) OF
THIS SECTION. THE AMOUNT OF THE CREDIT IS EQUAL TO THE AMOUNT DETERMINED
PURSUANT TO ARTICLE TWENTY-EIGHT OF THE ECONOMIC DEVELOPMENT LAW. A
TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP, MEMBER OF A LIMITED LIABIL-
ITY COMPANY OR SHAREHOLDER IN A SUBCHAPTER S CORPORATION SHALL BE
ALLOWED ITS PRO RATA SHARE OF THE CREDIT ALLOWED FOR THE PARTNERSHIP,
LIMITED LIABILITY COMPANY OR SUBCHAPTER S CORPORATION. NO COST OR
EXPENSE PAID OR INCURRED THAT IS INCLUDED AS PART OF THE CALCULATION OF
THIS CREDIT SHALL BE THE BASIS OF ANY OTHER TAX CREDIT ALLOWED UNDER
THIS CHAPTER.
(B) ELIGIBILITY. TO BE ELIGIBLE TO CLAIM THE LOCAL NEWSPAPER OR BROAD-
CAST MEDIA BUSINESS ADVERTISING TAX CREDIT THE TAXPAYER SHALL HAVE BEEN
ISSUED A CERTIFICATE OF TAX CREDIT BY THE DEPARTMENT OF ECONOMIC DEVEL-
OPMENT PURSUANT TO ARTICLE TWENTY-EIGHT OF THE ECONOMIC DEVELOPMENT LAW,
WHICH CERTIFICATE SHALL SET FORTH THE AMOUNT OF THE CREDIT THAT MAY BE
CLAIMED FOR THE TAXABLE YEAR. THE TAXPAYER SHALL BE ALLOWED TO CLAIM
ONLY THE AMOUNT LISTED ON THE CERTIFICATE OF TAX CREDIT FOR THAT TAXABLE
YEAR.
S. 1865 5
(C) TAX RETURN REQUIREMENT. THE TAXPAYER SHALL BE REQUIRED TO ATTACH
TO ITS TAX RETURN, IN THE FORM PRESCRIBED BY THE COMMISSIONER, PROOF OF
RECEIPT OF ITS CERTIFICATE OF TAX CREDIT ISSUED BY THE COMMISSIONER OF
THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
(D) CREDIT RECAPTURE. IF A CERTIFICATE OF TAX CREDIT ISSUED BY THE
DEPARTMENT OF ECONOMIC DEVELOPMENT UNDER ARTICLE TWENTY-EIGHT OF THE
ECONOMIC DEVELOPMENT LAW IS REVOKED BY SUCH DEPARTMENT, THE AMOUNT OF
CREDIT DESCRIBED IN THIS SECTION AND CLAIMED BY THE TAXPAYER PRIOR TO
THAT REVOCATION SHALL BE ADDED BACK TO TAX IN THE TAXABLE YEAR IN WHICH
ANY SUCH REVOCATION BECOMES FINAL.
(E) CROSS REFERENCES. FOR APPLICATION OF THE CREDIT PROVIDED IN THIS
SECTION SEE THE FOLLOWING PROVISIONS OF THIS CHAPTER:
(1) ARTICLE 9-A: SECTION 210-B, SUBDIVISION 61.
(2) ARTICLE 22: SECTION 606, SUBSECTION (QQQ).
§ 4. Section 210-B of the tax law is amended by adding a new subdivi-
sion 61 to read as follows:
61. LOCAL NEWSPAPER AND BROADCAST MEDIA BUSINESS ADVERTISING TAX CRED-
IT. (A) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT, TO BE
COMPUTED AS PROVIDED IN SECTION FIFTY OF THIS CHAPTER, AGAINST THE TAXES
IMPOSED BY THIS ARTICLE.
(B) APPLICATION OF CREDIT. THE CREDIT ALLOWED UNDER THIS SUBDIVISION
FOR THE TAXABLE YEAR SHALL NOT REDUCE THE TAX DUE FOR SUCH YEAR TO LESS
THAN THE AMOUNT PRESCRIBED IN PARAGRAPH (D) OF SUBDIVISION ONE OF
SECTION TWO HUNDRED TEN OF THIS ARTICLE. HOWEVER, IF THE AMOUNT OF CRED-
IT ALLOWABLE UNDER THIS SUBDIVISION FOR THE TAXABLE YEAR REDUCES THE TAX
TO SUCH AMOUNT OR IF THE TAXPAYER OTHERWISE PAYS TAX BASED ON THE FIXED
DOLLAR MINIMUM AMOUNT, ANY AMOUNT OF CREDIT THUS NOT DEDUCTIBLE IN SUCH
TAXABLE YEAR SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR
REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION ONE THOUSAND
EIGHTY-SIX OF THIS CHAPTER. PROVIDED, HOWEVER, THE PROVISIONS OF
SUBSECTION (C) OF SECTION ONE THOUSAND EIGHTY-EIGHT OF THIS CHAPTER
NOTWITHSTANDING, NO INTEREST WILL BE PAID THEREON.
§ 5. Section 606 of the tax law is amended by adding a new subsection
(qqq) to read as follows:
(QQQ) LOCAL NEWSPAPER AND BROADCAST MEDIA BUSINESS ADVERTISING TAX
CREDIT. (1) ALLOWANCE OF CREDIT. A TAXPAYER SHALL BE ALLOWED A CREDIT,
TO BE COMPUTED AS PROVIDED IN SECTION FIFTY OF THIS CHAPTER, AGAINST THE
TAX IMPOSED BY THIS ARTICLE.
(2) APPLICATION OF CREDIT. IF THE AMOUNT OF THE CREDIT ALLOWED UNDER
THIS SUBSECTION FOR THE TAXABLE YEAR EXCEEDS THE TAXPAYER'S TAX FOR SUCH
YEAR, THE EXCESS SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDIT-
ED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED
EIGHTY-SIX OF THIS ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST WILL BE
PAID THEREON.
§ 6. Subparagraph (B) of paragraph 1 of subsection (i) of section 606
of the tax law is amended by adding a new clause (lii) to read as
follows:
(LII) LOCAL NEWSPAPER ADVERTISING AMOUNT OF CREDIT UNDER
UNDER SUBSECTION (QQQ) SUBDIVISION SIXTY-ONE OF SECTION
TWO HUNDRED TEN-B
§ 7. This act shall take effect immediately and shall apply to tax
years beginning on or after January 1, 2026 and shall expire January 1,
2030 when upon such date the provisions of this act shall be deemed
repealed.