Senate Bill S3902

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

                                  3902

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 20, 2015
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the economic development law, in relation to including
  video game developers in the excelsior jobs program

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

  Section  1.  Subdivision 14 of section 352 of the economic development
law, as added by section 1 of part MM of chapter 59 of the laws of 2010,
is amended and a new subdivision 20 is added to read as follows:
  14. "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 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, OR (E) A VIDEO GAME DEVELOPER 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 capital investment in the state may be
considered eligible as a regionally significant project by  the  commis-
sioner  as  well. The commissioner 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 cate-
gories  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09336-01-5

              

S. 3902                             2

portion of its products or services outside of the state or outside of a
metropolitan statistical area or county within the state.
  20.  "VIDEO  GAME DEVELOPER" MEANS A CORPORATION, PARTNERSHIP, LIMITED
PARTNERSHIP, OR OTHER ENTITY PRINCIPALLY ENGAGED IN  THE  PRODUCTION  OR
POST-PRODUCTION  OF VIDEO GAMES, OR THE PRODUCTION OR POST-PRODUCTION OF
VIDEO GAMES OTHER THAN THOSE EMBEDDED AND USED EXCLUSIVELY IN  ADVERTIS-
ING, PROMOTIONAL WEBSITES OR MICROSITES, BUT SHALL NOT INCLUDE AN ENTITY
PRINCIPALLY  ENGAGED IN THE PRODUCTION OF CONTENT INTENDED PRIMARILY FOR
INDUSTRIAL, CORPORATE OR INSTITUTIONAL END-USERS, PRINCIPALLY ENGAGED IN
THE PRODUCTION OF FUNDRAISING PROGRAMS, OR ENGAGED IN THE PRODUCTION  OF
CONTENT  FOR  WHICH RECORDS ARE REQUIRED, UNDER SECTION 2257 OF TITLE 18
OF THE UNITED STATES CODE, TO BE MAINTAINED WITH RESPECT TO ANY PERFORM-
ER IN SUCH PRODUCTION.
  S 2. Paragraph (c) of subdivision 1 and subdivision 3 of  section  353
of  the  economic  development  law,  paragraph  (c) of subdivision 1 as
amended by section 2 of part G of chapter 61 of the  laws  of  2011  and
subdivision  3  as  amended  by section 1 of part C of chapter 68 of the
laws of 2013, are amended to read as follows:
  (c) in software development and new media, OR AS A VIDEO GAME DEVELOP-
ER;
  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  OR  AS A VIDEO GAME DEVELOPER 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; 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  significant  project
as defined in this article; or
  S 3. This act shall take effect immediately.