MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Economic Development; Finance
By: Senator(s) Horhn
AN ACT TO AMEND SECTION 57-89-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERMS "MOTION PICTURE" AND "MOTION PICTURE PRODUCTION COMPANY" UNDER THE MISSISSIPPI MOTION PICTURE INCENTIVE ACT TO INCLUDE COMPUTER OR VIDEO GAMES; TO AMEND SECTION 57-89-7, MISSISSIPPI CODE OF 1972, TO INCREASE TO $5,000,000.00 THE AMOUNT OF PAYROLL THAT MAY BE APPLIED TO THE MISSISSIPPI MOTION PICTURE INCENTIVE ACT REBATE; TO AUTHORIZE A MOTION PICTURE PRODUCTION COMPANY TO RECEIVE A REBATE EQUAL TO 5% OF THE PAYROLL PAID FOR ANY EMPLOYEE WHO IS A VETERAN OF THE UNITED STATES ARMED FORCES; TO INCREASE THE TOTAL AMOUNT OF REBATES THAT A MOTION PICTURE PRODUCTION COMPANY MAY RECEIVE FOR A MOTION PICTURE PROJECT UNDER THE MISSISSIPPI MOTION PICTURE INCENTIVE ACT TO $10,000,000.00; TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL NOT APPROVE A REBATE UNDER CERTAIN PROVISIONS OF THE MISSISSIPPI MOTION PICTURE INCENTIVE ACT AFTER JULY 1, 2016; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 57-89-3, Mississippi Code of 1972, is amended as follows:
57-89-3. As used in this chapter, the following terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Base investment" means the actual investment made and expended in Mississippi by a motion picture production company in connection with the production of a state-certified production in the state. The term "base investment" includes amounts expended in Mississippi by a motion picture production company as per diem and housing allowances in connection with the production of a state-certified production in the state. The term "base investment" shall not include payroll.
(b) "Employee" means an individual directly involved in the physical production and/or post-production of a motion picture produced in the state and who is employed by a:
(i) Motion picture production company that is directly involved in the physical production and/or post-production of a motion picture in the state;
(ii) Personal service corporation retained by a motion picture production company to provide persons used directly in the physical production and/or post-production of a motion picture in the state; or
(iii) Payroll service or loan-out company that is retained by a motion picture production company to provide employees who work directly in the physical production and/or post-production of a motion picture in the state.
(c) "Motion
picture" means a nationally distributed feature-length film, video, DVD,
television program or series, * * * commercial, or computer or video game
made in Mississippi, in whole or in part, for theatrical or DVD release or
television viewing or as a television pilot or viewing through streaming video
or Internet delivery, or for playing on a video game console, personal
computer or handheld device. The term "motion picture" shall not
include the production of television coverage of news and athletic events, or a
film, video, DVD, television program, series, or commercial that contains any
material or performance defined in Section 97-29-103.
(d) "Motion
picture production company" means a company engaged in the business of
producing nationally distributed motion pictures, videos, DVDs, television
programs or series, * * *
commercials, or computer or video games intended for a theatrical
release * * *,
for television viewing or for playing on a video game console, personal
computer or handheld device. The term "motion picture production
company" includes a company engaged in the business of making such
productions through the use of animation, interactive media, preproduction and
post-production 3D applications, video game cinematics, virtual production,
visual effects, and motion capture within the fields of feature film,
television, commercials and games. The term "motion picture production
company" shall not mean or include any company owned, affiliated, or
controlled, in whole or in part, by any company or person which is in default
on a loan made by the state or a loan guaranteed by the state, or any company
or person who has ever declared bankruptcy under which an obligation of the
company or person to pay or repay public funds or monies was discharged as a
part of such bankruptcy.
(e) "Payroll" means salary, wages or other compensation including related benefits paid to employees upon which Mississippi income tax is due and has been withheld.
(f) "Resident" or "resident of Mississippi" means a natural person, and for the purpose of determining eligibility for the rebate provided by Section 57-89-7, any person domiciled in the State of Mississippi and any other person who maintains a permanent place of abode within the state and spends in the aggregate more than six (6) months of each year within the state.
(g) "State" means the State of Mississippi.
(h) "State-certified production" means a motion picture approved by the Mississippi Development Authority produced by a motion picture production company in the state. An application for approval as a state-certified production must be submitted to the Mississippi Development Authority before production of the project begins.
SECTION 2. Section 57-89-7, Mississippi Code of 1972, is amended as follows:
57-89-7. (1) (a) A motion picture production company that expends at least Fifty Thousand Dollars ($50,000.00) in base investment or payroll, or both, in the state shall be entitled to a rebate of a portion of the base investment made by the motion picture production company. Subject to the provisions of this section, the amount of the rebate shall be equal to twenty-five percent (25%) of the base investment made by the motion picture production company.
(b) In addition to the
rebates authorized under paragraphs (a) * * *, (c) and (d) of this
subsection, a motion picture production company may receive a rebate equal to
twenty-five percent (25%) of payroll paid for any employee who is not a
resident and whose wages are subject to the Mississippi Income Tax Withholding
Law of 1968. However, if the payroll paid for an employee exceeds * * * Five
Million Dollars ($5,000,000.00, then the rebate is authorized only for the
first * * * Five Million Dollars ($5,000,000.00)
of such payroll.
(c) In addition to the
rebates authorized under paragraphs (a) * * *, (b) and (d) of this
subsection, a motion picture production company may receive a rebate equal to
thirty percent (30%) of payroll paid for any employee who is a resident and
whose wages are subject to the Mississippi Income Tax Withholding Law of 1968.
However, if the payroll paid for an employee exceeds * * * Five
Million Dollars ($5,000,000.00), then the rebate is authorized only for the
first * * * Five Million Dollars ($5,000,000.00)
of such payroll.
(d) In addition to the rebates authorized in paragraphs (a), (b) and (c) of this subsection, a motion picture production company may receive an additional rebate equal to five percent (5%) of the payroll paid for any employee who is an honorably discharged veteran of the United States Armed Forces and whose wages are subject to the Mississippi Income Tax Withholding Law of 1968.
( * * *e) If a motion picture has physical
production activities and/or post-production activities both inside and outside
the state, then the motion picture production company shall be required to
provide an itemized accounting for each employee regarding such activities
inside and outside the state for the purposes of proration of eligible payroll
based on the percentage of activities performed in the state.
( * * *f) The total amount of rebates
authorized for a motion picture project shall not exceed * * * Ten
Million Dollars ($10,000,000.00) in the aggregate.
( * * *g) The total amount of rebates
authorized in any fiscal year shall not exceed Twenty Million Dollars
($20,000,000.00) in the aggregate.
(2) A motion picture
production company desiring a rebate under this section must submit a rebate
request to the Department of Revenue upon completion of the project. The
request must include a detailed accounting of the base investment made by the
motion picture production company and any other information required by the
Department of Revenue. Rebates made by the Department of Revenue under this
section shall be made from current income tax collections. The Department of
Revenue shall not approve any application for a rebate under subsection (1)(b)
of this section after July 1, * * * 2016.
(3) The Department of Revenue shall have all powers necessary to implement and administer the provisions of this section, and the Department of Revenue shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
SECTION 3. This act shall take effect and be in force from and after its passage.