S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 22, 2015
Introduced by M. of A. WRIGHT -- Multi-Sponsored by -- M. of A. PERRY --
read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to the programs and shows which
qualify for 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 1 of part B of chapter 59 of the laws of
3 2013, is amended to read as follows:
4 (3) "Qualified film" means a feature-length film, television film,
5 relocated television production, RETAINED TELEVISION PRODUCTION, tele-
6 vision pilot and/or each episode of a television series, regardless of
7 the medium by means of which the film, pilot or episode is created or
8 conveyed. "Qualified film" shall not include (i) a documentary film,
9 news or current affairs program, [interview or talk program,] "how-to"
10 (i.e., instructional) film or program, film or program consisting prima-
11 rily of stock footage, [sporting event or sporting program, game show,]
12 award ceremony, film or program intended primarily for industrial,
13 corporate or institutional end-users, fundraising film or program,
14 [daytime drama (i.e., daytime "soap opera"),] commercials, music videos
15 or "reality" program, or (ii) a production for which records are
16 required under section 2257 of title 18, United States code, to be main-
17 tained with respect to any performer in such production (reporting of
18 books, films, etc. with respect to sexually explicit conduct).
19 S2. Subdivision (b) of section 24 of the tax law is amended by adding
20 a new paragraph 9 to read as follows:
21 (9) "RETAINED TELEVISION PRODUCTION" SHALL MEAN A QUALIFIED FILM AS
22 DEFINED IN PARAGRAPH THREE OF THIS SUBDIVISION THAT HAS FILMED AT LEAST
23 FIVE SEASONS WITHIN THE STATE PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
24 GRAPH AND THE RETAINED TELEVISION PRODUCTION INCURS (I) AT LEAST THIRTY
25 MILLION DOLLARS IN ANNUAL PRODUCTION COSTS IN THE STATE, OR (II) AT
26 LEAST TEN MILLION DOLLARS IN CAPITAL EXPENDITURES AT A QUALIFIED
27 PRODUCTION FACILITY IN THE STATE.
28 S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.