Relates to the programs and shows which qualify for the empire state film production credit.
TITLE OF BILL: An act to amend the tax law, in relation to the programs and shows which qualify for the empire state film production credit
PURPOSE OR GENERAL IDEA OF BILL: Provides for the inclusion of interview talk programs, game shows, sporting event or sporting programs and daytime dramas within the definition of "qualified film."
SUMMARY OF SPECIFIC PROVISIONS: Amends Section 1, Paragraph 3 of subdivision (b) of section 24 of the tax law, as added by section 1 of part P of chapter 60 of the laws of 2004. Current law does not afford interview or talk programs, game shows, sporting event / sporting programs or daytime dramas from taking advantage of the film production tax credit. The proposed amendments would create a level playing field for these types of broadcasts.
JUSTIFICATION: The Empire State film production tax credit law that first went into effect in 2004, and amended numerous times since, has offered significant and appropriate tax incentives exclusively for the benefit of the movie industry. Until recently, it has not been a concern of the television networks and their union workers who reside in New York.
In 2010, Connecticut passed its 30% Film Production Tax Credit Law and covered certain television productions that caused numerous television shows, such as All My Children and One Life to Live, to leave NYS and relocate to Connecticut. A sampling of other relocated shows that have or will be produced in Connecticut due to the state's film tax credit are: Deal of No Deal (NBC); The Maury Povich Show (NBC);Trisha, a new talk show being launched this year out of Stamford; and the NBC Cable Sports Operation. Their departures have had a major rippling effect on the television industry in New York and its workers as well as the various vendors that have been negatively affected.
In the face of the Connecticut law, the provisions of the NYS law are relevant to our television industry and require amendments to prevent more departures from NYS with its loss of jobs and proliferation of vacant NYS television studios, The law needs to be changed to be able to assist all TV productions, regardless of size and the current fund must be made available for all TV and film productions, Should the state not expand the program, as recommended, it is likely that more TV productions of this type will leave the New York area and with them the employees who earn between $1200 and $1500 per week, plus medical coverage, retirement benefits, sick days, paid holidays, etc. which could have a significant impact on future revenues.
PRIOR LEGISLATIVE HISTORY: New bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately
STATE OF NEW YORK ________________________________________________________________________ 4169 2013-2014 Regular Sessions IN SENATE March 12, 2013 ___________Introduced by Sen. SAVINO -- 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 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: Section 1. Paragraph 3 of subdivision (b) of section 24 of the tax law, as added by section 1 of part P of chapter 60 of the laws of 2004, is amended to read as follows: (3) "Qualified film" means a feature-length film, television film, television pilot and/or each episode of a television series, regardless of the medium by means of which the film, pilot or episode is created or conveyed. "Qualified film" shall not include (i) a documentary film, news or current affairs program,
[interview or talk program,]"how-to" (i.e., instructional) film or program, film or program consisting prima- rily of stock footage, [sporting event or sporting program, game show,]award ceremony, film or program intended primarily for industrial, corporate or institutional end-users, fundraising film or program, [daytime drama (i.e., daytime "soap opera"),]commercials, music videos or "reality" program, or (ii) a production for which records are required under section 2257 of title 18, United States code, to be main- tained with respect to any performer in such production (reporting of books, films, etc. with respect to sexually explicit conduct). S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09709-01-3