senate Bill S6990

Relates to the excelsior jobs program and eligible business entities

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Apr / 2014
    • REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT AND SMALL BUSINESS
  • 29 / Apr / 2014
    • 1ST REPORT CAL.402
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO ECONOMIC DEVELOPMENT

Summary

Relates to the excelsior jobs program and eligible business entities.

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Bill Details

See Assembly Version of this Bill:
A9423
Versions:
S6990
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Economic Development Law
Laws Affected:
Amd §§352 & 353, Ec Dev L

Sponsor Memo

BILL NUMBER:S6990

TITLE OF BILL: An act to amend the economic development law, in
relation to the excelsior jobs program and eligible business entities

Purpose of the Bill:

The bill would amend the Excelsior Jobs Program to include corporate
headquarters as strategic businesses eligible for the Program.

Summary of Provisions:

Section 1 of the bill would add the definition of "corporate
headquarters" in a new subdivision 6 of Economic Development Law (EDL)
§ 352. The subsequent subdivisions previously numbered 6 through 19
would be renumbered.

Section 2 of the bill would revise renumbered subdivision 15 of EDL
152 to include corporate headquarters under the definition of
"regionally significant project."

Section 3 of the bill would insert a new paragraph (h) into EDL
353(1) to include corporate headquarters as strategic business
entities eligible for the Program. Subdivisions 3 and 4 of EDL § 353
would be amended to require corporate headquarters to create at least
100 net new jobs, or meet the existing requirements of subdivision 4,
in order to participate in the Program.

Existing Law:

Corporate headquarters are not currently eligible to participate in
the Excelsior Jobs Program.

Prior Legislative History:

This is a new bill.

Statement in Support:

Under the current law, corporate headquarters are not included as an
eligible strategic business for purposes of the Excelsior Jobs
Program. Amending the law to include corporate headquarters is
advantageous to the State because corporate headquarters projects, by
their very nature, involve high-paying jobs, which would generate tax
revenue for the State. In addition, attracting headquarters operations
may lead to establishing additional business units as decision-makers
become more familiar with the operating climate in the State. The
presence of a headquarters may also attract other high-level
businesses that interact with management, such as finance, accounting,
and management consulting.

The inclusion of corporate headquarters as regionally significant
projects is important as well, because this designation makes these
projects eligible for the real property tax credit which can prove to
be a significant incentive for businesses to locate their operations
in the State.


Budget Implications:

This bill will have no fiscal impact on the State because the
Excelsior Jobs Program is capped and may lead to additional tax
revenue if businesses locate corporate headquarters in the State.

Effective Date:

This bill would take effect immediately.

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

                                  6990

                            I N  S E N A T E

                             April 11, 2014
                               ___________

Introduced  by  Sen. MARTINS -- (at request of the Empire State Develop-
  ment) -- read twice and  ordered  printed,  and  when  printed  to  be
  committed to the Committee on Commerce, Economic Development and Small
  Business

AN ACT to amend the economic development law, in relation to the excels-
  ior jobs program and eligible business entities

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

  Section 1.  Subdivisions 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,  16,  17,
18  and 19 of section 352 of the economic development law are renumbered
subdivisions 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20  and
a new subdivision 6 is added to read as follows:
  6.  "CORPORATE  HEADQUARTERS"  MEANS  A PLACE WHERE THE EXECUTIVES AND
SENIOR MANAGERS OF A COMPANY OR BUSINESS UNIT DIRECT, CONTROL AND  COOR-
DINATE  THE  OPERATIONS  OF THE COMPANY OR BUSINESS UNIT AS A WHOLE ON A
DAY-TO-DAY BASIS. IT IS THE PART OF A CORPORATE STRUCTURE THAT  COMMONLY
DEALS  WITH IMPORTANT TASKS SUCH AS STRATEGIC PLANNING, CORPORATE COMMU-
NICATIONS, TAXES, LAW, MARKETING, FINANCE, HUMAN RESOURCES, AND INFORMA-
TION TECHNOLOGY. THESE TASKS INCLUDE ALL CORPORATE  FUNCTIONS  NECESSARY
TO STEER THE FIRM BY DEFINING AND ESTABLISHING CORPORATE POLICY.
  S 2. Subdivision 15 of section 352 of the economic development law, as
added  by  section 1 of part MM of chapter 59 of the laws of 2010 and as
renumbered by section one of this act, is amended to read as follows:
  15. "Regionally significant project" means (a) a manufacturer creating
at least fifty net new jobs in the state and making significant  capital
investment in the state; (b) a business creating at least twenty net new
jobs  in agriculture in the state and making significant capital invest-
ment in the state, (c) a financial services firm,  distribution  center,
[or]  back  office operation OR CORPORATE HEADQUARTERS creating at least
three hundred net new jobs in the state and making  significant  capital
investment  in  the  state, or (d) a scientific research and development
firm creating at least twenty net new jobs  in  the  state,  and  making
significant  capital  investment in the state. Other businesses creating
three hundred or more net new jobs in the state and  making  significant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13910-02-4

S. 6990                             2

capital  investment  in  the  state  may  be  considered  eligible  as a
regionally significant project by the commissioner as well. The  commis-
sioner  shall  promulgate  regulations pursuant to section three hundred
fifty-six  of  this  article  to  determine what constitutes significant
capital investment for each of the project categories indicated in  this
subdivision  and  what  additional  criteria  a business must meet to be
eligible as a regionally significant project, including, but not limited
to, whether a business exports a substantial portion of its products  or
services  outside  of the state or outside of a metropolitan statistical
area or county within the state.
  S 3. Paragraphs (g) and (h) of subdivision 1, and subdivisions 3 and 4
of section 353 of the economic development law, paragraphs (g)  and  (h)
of  subdivision 1 as amended by section 2 of part G of chapter 61 of the
laws of 2011 and subdivisions 3 and 4 as amended by section 1 of part  C
of chapter 68 of the laws of 2013, are amended to read as follows:
  (g) in a distribution center; [or]
  (h) IN A CORPORATE HEADQUARTERS; OR
  (I)  in  an  industry  with  significant  potential for private-sector
economic growth and development in this  state  as  established  by  the
commissioner  in  regulations  promulgated  pursuant to this article. In
promulgating such regulations the commissioner  shall  include  job  and
investment criteria.
  3.  For  the  purposes of this article, in order to participate in the
excelsior jobs program, a business  entity  operating  predominantly  in
manufacturing  must  create at least ten net new jobs; a business entity
operating predominately in agriculture must create at least five net new
jobs; a business entity operating predominantly as a  financial  service
data  center  or  financial services customer back office operation must
create at least fifty net new jobs; a business entity operating predomi-
nantly in scientific research and development must create at least  five
net  new  jobs;  a  business  entity operating predominantly in software
development must create at least five net new jobs;  a  business  entity
creating  or expanding back office operations must create at least fifty
net new jobs; A BUSINESS ENTITY OPERATING AS  A  CORPORATE  HEADQUARTERS
MUST  CREATE  AT  LEAST  ONE  HUNDRED NET NEW JOBS; or a business entity
operating predominantly as a  distribution  center  in  the  state  must
create  at  least seventy-five net new jobs, notwithstanding subdivision
five of this section; or a business entity must be a regionally  signif-
icant project as defined in this article; or
  4.  A business entity operating predominantly in one of the industries
referenced in paragraphs (a) through [(h)] (I)  of  subdivision  one  of
this section but which does not meet the job requirements of subdivision
three  of  this  section  must  have  at least twenty-five full-time job
equivalents unless such business is a business entity operating predomi-
nantly in manufacturing then it must have at  least  ten  full-time  job
equivalents and must demonstrate that its benefit-cost ratio is at least
ten to one.
  S 4. This act shall take effect immediately.

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