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A10034 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10034--A
 
                   IN ASSEMBLY
 
                                     April 29, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Ways and Means --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15162-04-2

        A. 10034--A                         2
 
     1  and variety talk, i.e., a program with components of improvisational  or
     2  scripted  content (monologues, sketches, interviews), either exclusively
     3  or in combination with other  entertainment  elements  such  as  musical
     4  performances,  dancing,  cooking,  crafts, pranks, stunts, and games and
     5  which may be further defined  in  regulations  of  the  commissioner  of
     6  economic  development.  However,  a qualified film shall include a tele-
     7  vision series as described in subparagraph (iii) of this paragraph  only
     8  if an application for such series has been deemed conditionally eligible
     9  for the tax credit under this section prior to April first, two thousand
    10  twenty,  such  series  remains in continuous production for each season,
    11  and an annual application for each season of such series is  continually
    12  submitted  for  such  series  after  April first, two thousand twenty. A
    13  series that changes the title of the series and/or  the  principal  cast
    14  prior to March thirty-first, two thousand twenty-three, shall be consid-
    15  ered to remain in continuous production for each season, notwithstanding
    16  a change in the title and/or principal cast of such series, provided the
    17  series  films  at the same location as prior seasons, is produced by the
    18  same entity, and retains at least eighty percent of the staff  from  the
    19  prior season.
    20    §  2.  This  act  shall take effect immediately and shall apply to tax
    21  years beginning on or after January 1, 2022.
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