Bill Text: NY A10034 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Provides that a television series that changes the title of the series and/or the principal cast prior to March 31, 2023, shall be considered to remain in continuous production for each season, provided the series films at the same location as prior seasons, is produced by the same entity, and retains at least eighty percent of the staff from the prior season for purposes of being a qualified film for the empire state film production credit.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-06-03 - substituted by s8829a [A10034 Detail]

Download: New_York-2021-A10034-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10034

                   IN ASSEMBLY

                                     April 29, 2022
                                       ___________

        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Ways and Means

        AN ACT to amend the tax law,  in  relation  to  the  empire  state  film
          production credit

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  Paragraph 3 of subdivision (b) of section 24  of  the  tax
     2  law,  as  amended  by  section  5 of part F of chapter 59 of the laws of
     3  2021, is amended to read as follows:
     4    (3) "Qualified film" means a  feature-length  film,  television  film,
     5  relocated  television production, television pilot or television series,
     6  regardless of the medium by means of which the film, pilot or series  is
     7  created  or  conveyed.  For  the purposes of the credit provided by this
     8  section only, a "qualified film" whose majority of principal photography
     9  shooting days in the production of the qualified film are shot in  West-
    10  chester, Rockland, Nassau, or Suffolk county or any of the five New York
    11  City  boroughs  shall  have  a  minimum budget of one million dollars. A
    12  "qualified film", whose majority of principal photography shooting  days
    13  in  the production of the qualified film are shot in any other county of
    14  the state than those listed in the preceding sentence shall have a mini-
    15  mum budget of two hundred fifty thousand dollars. "Qualified film" shall
    16  not include: (i) a documentary film, news or  current  affairs  program,
    17  interview  or  talk  program,  "how-to"  (i.e.,  instructional)  film or
    18  program, film or program consisting primarily of stock footage, sporting
    19  event or sporting program, game show, award ceremony,  film  or  program
    20  intended primarily for industrial, corporate or institutional end-users,
    21  fundraising film or program, daytime drama (i.e., daytime "soap opera"),
    22  commercials,  music  videos  or "reality" program; (ii) a production for
    23  which records are required under section 2257 of title 18, United States
    24  code, to be maintained with respect to any performer in such  production
    25  (reporting  of  books,  films,  etc.  with  respect to sexually explicit
    26  conduct); or (iii) other than a relocated television production, a tele-
    27  vision series commonly known as variety  entertainment,  variety  sketch
    28  and  variety talk, i.e., a program with components of improvisational or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15162-01-2
        A. 10034                            2

     1  scripted content (monologues, sketches, interviews), either  exclusively
     2  or  in  combination  with  other  entertainment elements such as musical
     3  performances, dancing, cooking, crafts, pranks, stunts,  and  games  and
     4  which  may  be  further  defined  in  regulations of the commissioner of
     5  economic development. However, a qualified film shall  include  a  tele-
     6  vision  series as described in subparagraph (iii) of this paragraph only
     7  if an application for such series has been deemed conditionally eligible
     8  for the tax credit under this section prior to April first, two thousand
     9  twenty, such series remains in continuous production  for  each  season,
    10  and  an annual application for each season of such series is continually
    11  submitted for such  series  after  April  first,  two  thousand  twenty.
    12  Notwithstanding  subparagraph (iii) of this paragraph, an entity receiv-
    13  ing a credit pursuant to this section for a television  series  commonly
    14  known  as variety entertainment, that would otherwise be prohibited from
    15  receiving a tax credit, shall be  eligible  for  a  new  variety  enter-
    16  tainment  show  credit if the amount of the initial year credit does not
    17  exceed the previous year's amount, at least fifty percent of  the  staff
    18  are maintained in the first year of the credit, the same eligible entity
    19  applies for the subsequent season's credit, and such application is made
    20  prior to March thirty-first, two thousand twenty-three.
    21    § 2. This act shall take effect immediately.