Bill Text: NY S06840 | 2023-2024 | General Assembly | Introduced

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Bill Title: Authorizes documentary films to be qualified films for inclusion in the empire state film production tax credit.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06840 Detail]

Download: New_York-2023-S06840-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6840

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 11, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations

        AN ACT to amend the tax law,  in  relation  to  the  empire  state  film
          production tax 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, documentary film, television pilot or
     6  television series, regardless of the medium by means of which the  film,
     7  pilot  or  series is created or conveyed. For the purposes of the credit
     8  provided by this section only, a  "qualified  film"  whose  majority  of
     9  principal  photography  shooting days in the production of the qualified
    10  film are shot in Westchester, Rockland, Nassau, or Suffolk county or any
    11  of the five New York City boroughs shall have a minimum  budget  of  one
    12  million dollars. A "qualified film", whose majority of principal photog-
    13  raphy  shooting days in the production of the qualified film are shot in
    14  any other county of  the  state  than  those  listed  in  the  preceding
    15  sentence  shall  have  a  minimum  budget  of two hundred fifty thousand
    16  dollars. "Qualified film" shall not include:  (i)  a  documentary  film,
    17  news  or  current  affairs  program, interview or talk program, "how-to"
    18  (i.e., instructional) film or program, film or program consisting prima-
    19  rily of stock footage, sporting event or sporting  program,  game  show,
    20  award  ceremony,  film  or  program  intended  primarily for industrial,
    21  corporate or  institutional  end-users,  fundraising  film  or  program,
    22  daytime drama (i.e., daytime "soap opera"), commercials, music videos or
    23  "reality"  program;  (ii)  a  production  for which records are required
    24  under section 2257 of title 18, United States  code,  to  be  maintained

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07888-01-3
        S. 6840                             2

     1  with  respect  to  any performer in such production (reporting of books,
     2  films, etc. with respect to sexually explicit conduct); or  (iii)  other
     3  than  a  relocated  television  production, a television series commonly
     4  known as variety entertainment, variety sketch and variety talk, i.e., a
     5  program  with  components  of improvisational or scripted content (mono-
     6  logues, sketches, interviews), either exclusively or in combination with
     7  other entertainment elements  such  as  musical  performances,  dancing,
     8  cooking,  crafts,  pranks,  stunts,  and  games and which may be further
     9  defined in regulations of  the  commissioner  of  economic  development.
    10  However, a qualified film shall include a television series as described
    11  in  subparagraph (iii) of this paragraph only if an application for such
    12  series has been deemed conditionally eligible for the tax  credit  under
    13  this  section  prior  to  April  first, two thousand twenty, such series
    14  remains in continuous production for each season, and an annual applica-
    15  tion for each season of such series is continually  submitted  for  such
    16  series after April first, two thousand twenty.
    17    § 2. This act shall take effect immediately and shall apply to taxable
    18  years beginning on or after January 1, 2021.