2023 New York Laws › COM - Economic Development Law › Article 27 - Newspaper and Broadcast Media Jobs Program › 492 - Definitions.

§ 492. Definitions. For the purposes of this article:
1.  "Average  full-time  employment"  shall mean the average number of
full-time positions  employed  by  a  business  entity  in  an  eligible
industry during a given period.
2.  "Average starting full-time employment" shall be calculated as the
average number of full-time positions employed by a business  entity  in
an  eligible  industry  during  a  timeframe  to  be  determined  by the
department of economic development.
3. "Average ending full-time employment" shall be  calculated  as  the
average  number  of full-time positions employed by a business entity in
an eligible  industry  during  a  timeframe  to  be  determined  by  the
department of economic development.
4. "Certificate of tax credit" means the document issued to a business
entity  by  the  department  after  the department has verified that the
business entity has met all  applicable  eligibility  criteria  in  this
article.  The  certificate  shall  specify  the  exact amount of the tax
credit under this article that a business entity may claim, pursuant  to
section  four hundred ninety-five and section four hundred ninety-six of
this article.
5. "Commissioner" shall mean commissioner of economic development.
6. "Department" shall mean the department of economic development.
7. "Eligible business" shall mean a print  media  or  broadcast  media
business operating within an eligible industry, which also carries media
liability insurance.
8.  "Eligible employee" shall mean an employee working full-time at an
eligible business, as determined by the department.
9. "Eligible industry" means a business entity operating predominantly
in the newspaper publishing sector or the  broadcast  media  sector,  as
determined by the department.
10.  "Net  employee  increase"  means  an  increase  of  at  least one
full-time employee between the average starting full-time employment and
the average ending full-time employment of a business entity, as defined
by the department.
11. "Newspaper and broadcast media jobs tax credit" shall mean  a  tax
credit  which  shall  provide  a credit to eligible businesses operating
within eligible industries. The newspaper and broadcast media  jobs  tax
credit  shall have two components. The newspaper and broadcast media new
job creation component shall allow a credit of five-thousand dollars per
net new job created at eligible  businesses  operating  within  eligible
industries.  The  newspaper  and broadcast media existing jobs component
shall allow a tax credit available  to  support  the  costs  related  to
retention  of  existing  jobs  at  eligible  businesses operating within
eligible industries.
12. (a)"Broadcast media business" means any broadcast station which:
(i) has been broadcasting for at least one year prior to the tax  year
for which it is applying for a credit;
(ii) owns or operates a broadcast station, as defined by section three
of the federal communications act of 1934; and
(iii)  discloses its ownership to the public at such times and in such
manner as identified by the commissioner.
(b) For purposes of this paragraph each FCC licensed broadcast station
serving a separate market shall be treated as a separate broadcast media
business.
13. "Independently owned" shall mean a business entity  that  is  not:
(a)  a  publicly  traded  entity  or  no  more  than five percent of the
beneficial ownership of which is owned,  directly  or  indirectly  by  a
publicly  traded  entity;  (b)  a subsidiary; and (c) any other criteria

that the department  shall  determine  via  regulations  to  ensure  the
business is not controlled by another business entity.