S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3373

                       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:

  Section 1. Paragraph 3 of subdivision (b) of section  24  of  the  tax
law,  as  amended  by  section  1 of part B of chapter 59 of the laws of
2013, is amended to read as follows:
  (3) "Qualified film" means a  feature-length  film,  television  film,
relocated  television  production, RETAINED TELEVISION PRODUCTION, tele-
vision 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).
  S2. Subdivision (b) of section 24 of the tax law is amended by  adding
a new paragraph 9 to read as follows:
  (9)  "RETAINED  TELEVISION  PRODUCTION" SHALL MEAN A QUALIFIED FILM AS
DEFINED IN PARAGRAPH THREE OF THIS SUBDIVISION THAT HAS FILMED AT  LEAST
FIVE  SEASONS WITHIN THE STATE PRIOR TO THE EFFECTIVE DATE OF THIS PARA-
GRAPH AND THE RETAINED TELEVISION PRODUCTION INCURS (I) AT LEAST  THIRTY
MILLION  DOLLARS  IN  ANNUAL  PRODUCTION  COSTS IN THE STATE, OR (II) AT
LEAST TEN  MILLION  DOLLARS  IN  CAPITAL  EXPENDITURES  AT  A  QUALIFIED
PRODUCTION FACILITY IN THE STATE.
  S 3. This act shall take effect immediately.

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04803-01-5