Bill S4696-2013

Relates to the definition of the term "recorded programs" for purposes of the sales tax exemption for machinery or equipment for use or consumption by a broadcaster

Relates to the definition of the term "recorded programs" for purposes of the sales tax exemption for machinery or equipment for use or consumption by a broadcaster directly and predominantly in the production of certain live or recorded programs.

Details

Actions

  • Jun 18, 2013: SUBSTITUTED BY A7262
  • Jun 4, 2013: ADVANCED TO THIRD READING
  • Jun 3, 2013: 2ND REPORT CAL.
  • May 30, 2013: 1ST REPORT CAL.838
  • Apr 18, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 30, 2013
Ayes (8): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman, Squadron
Excused (1): Diaz

Memo

BILL NUMBER:S4696                REVISED 5/16/13

TITLE OF BILL: An act to amend the tax law, in relation to the definition of the term "recorded programs" for purposes of the sales tax exemption for machinery or equipment for use or consumption by a broadcaster directly and predominantly in the production of certain live or recorded programs

PURPOSE: This bill would clarify the definition of the term "recorded programs" for purposes of the sales tax exemption for machinery or equipment for use or consumption by a broadcaster directly and predominantly in the production of certain live or recorded programs.

SUMMARY OF PROVISIONS:

Section 1 - Amends subparagraph (C) of paragraph 38 of subdivision (a) of section 1115 of the tax law, as added by section 1 of part T of Chapter 63 of the laws of 2000.

Section 2 - Effective Date

JUSTIFICATION: Due to the evolution of production technology from physical recording to a digital based industry, this bill will clarify that the current tax exemption for production equipment would apply to digital production.

LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS: This bill is revenue neutral as the current exemption which applies to taped recording equipment would be applied to digital recording equipment which over time will replace existing tape recording equipment. According to the 2013-14 annual report on New York tax expenditures, the exemption has totaled $4M annually since 2006.

EFFECTIVE DATE: This act shall tax effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4696 2013-2014 Regular Sessions IN SENATE April 18, 2013 ___________
Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations AN ACT to amend the tax law, in relation to the definition of the term "recorded programs" for purposes of the sales tax exemption for machinery or equipment for use or consumption by a broadcaster direct- ly and predominantly in the production of certain live or recorded programs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (C) of paragraph 38 of subdivision (a) of section 1115 of the tax law, as added by section 1 of part T of chapter 63 of the laws of 2000, is amended to read as follows: (C) For purposes of this paragraph: (i) the term "broadcaster" means a television or radio station licensed by the federal communications commission, a television or radio broadcast network or a cable tele- vision network. The term "television or radio broadcast network" means an organization which produces and/or purchases programs intended for transmission by affiliated television or radio stations licensed by the federal communications commission and which has distribution facilities or circuits available to such affiliated stations during all or some portion of one or more days during each week. The term "cable television network" means an organization which produces and/or purchases programs intended for transmission either by direct broadcast satellite systems or by cable systems pursuant to an affiliation or similar agreement and which has distribution facilities or circuits available to such direct broadcast satellite systems or such cable systems during all or some portion of one or more days during each week. For the purpose of subparagraph (B) of this paragraph, the term "broadcaster" shall not include cable system operators and direct broadcast satellite system operators. Provided, however, for the purpose of subparagraph (A) of
this paragraph, such term shall also include a cable system operator or a direct broadcast satellite system operator solely with respect to machinery or equipment or other tangible personal property (including parts, tools and supplies) for use or consumption by it directly and predominantly in the production (including post-production) of live or recorded programs intended for transmission to its viewers over its system; (ii) the term "programs" means any performance, event, play, story or literary, musical, artistic or other work used for enter- tainment or educational purposes, including but not limited to news, news specials, sporting events, game shows, talk shows and commercials; and (iii) the term "recorded programs" means any program contained on [film, tape, disc or] any [other physical media] MEDIUM. S 2. This act shall take effect immediately.

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