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A05540 Summary:

BILL NOA05540
 
SAME ASSAME AS S03378
 
SPONSOREnglebright (MS)
 
COSPNSRDenDekker, Millman, Wright, Rivera P, Thiele, Crespo, Rosenthal
 
MLTSPNSRBoyland, Glick, Heastie, Jacobs, O'Donnell
 
Amd S24, add S24-a, Tax L
 
Includes writer salaries and fees within production costs eligible for the empire state film production credit; defines "writer" as a person employed or retained to write or revise scripts, screen plays, teleplays, dialogue, sketches, routines or narrations.
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A05540 Actions:

BILL NOA05540
 
02/23/2011referred to ways and means
06/09/2011enacting clause stricken
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A05540 Floor Votes:

There are no votes for this bill in this legislative session.
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A05540 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5540
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2011
                                       ___________
 
        Introduced  by  M. of A. ENGLEBRIGHT, DenDEKKER, MILLMAN, WRIGHT -- read
          once and referred to the Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to eligibility 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 2 of subdivision (b) of section  24  of  the  tax
     2  law,  as added by section 1 of part P of chapter 60 of the laws of 2004,
     3  is amended to read as follows:
     4    (2) "Production costs" means any costs for tangible property used  and
     5  services performed directly and predominantly in the production (includ-
     6  ing   pre-production   and   post   production)  of  a  qualified  film.
     7  "Production costs" shall not include [(i) costs for a story,  script  or
     8  scenario  to be used for a qualified film and (ii)] wages or salaries or
     9  other compensation for writers, directors,  including  music  directors,
    10  producers  and performers (other than background actors with no scripted
    11  lines). Writers fees and salaries shall  be  eligible  production  costs

    12  subject  to the provisions of subdivision (c) of this section; provided,
    13  however, that fees that are  based  on  deferred,  leveraged  or  profit
    14  participation  costs,  or  are in excess of those otherwise permitted by
    15  subdivision (c) of this section shall not be eligible production  costs.
    16  "Production  costs"  generally  include  technical  and  crew production
    17  costs, such as expenditures for film production facilities, or any  part
    18  thereof, props, makeup, wardrobe, film processing, camera, sound record-
    19  ing, set construction, lighting, shooting, editing and meals.
    20    § 2. Subdivision (b) of section 24 of the tax law is amended by adding
    21  a new paragraph 8 to read as follows:
    22    (8)  "Writer"  means  a writer employed or retained to write or revise

    23  scripts,  screen  plays,  teleplays,  dialogue,  sketches,  routines  or
    24  narrations.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09121-01-1

        A. 5540                             2
 
     1    §  3. Subdivisions (c) and (d) of section 24 of the tax law are relet-
     2  tered subdivision (e) and (f) and two new subdivisions (c) and  (d)  are
     3  added to read as follows:
     4    (c) For a feature film or television production writers fees and sala-
     5  ries  shall  be  eligible costs; provided, however, such costs shall not
     6  exceed fifty thousand dollars per writer per qualified  film.  Provided,

     7  further,  that  notwithstanding  any  other provision of this section, a
     8  writer's services shall be eligible for the credit  up  to  the  maximum
     9  amounts  of  this  subdivision  if such writer is subject to taxation by
    10  this state.
    11    (d) The state annually will disburse no more than five million dollars
    12  in tax credits for production costs for writers fees and salaries pursu-
    13  ant to this section. Such credits shall only be available  from  credits
    14  allowed for production costs as defined and governed by this section.
    15    §  4.  The  tax law is amended by adding a new section 24-a to read as
    16  follows:
    17    § 24-a. Diversity in hiring for writers. Where more than three writers
    18  are to be hired or retained for service on an eligible production, cred-

    19  its for writer costs authorized pursuant to section twenty-four of  this
    20  article shall only be granted where at least one such writer is a minor-
    21  ity  group  member,  as  defined  by  subdivision eight of section three
    22  hundred ten of the executive law, or a woman.
    23    § 5. This act shall take effect April 1, 2012.
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