Senate Bill S5226

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5226
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  empire  state  film
   production tax 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  separately amended by sections 3 and 4 of part M of chapter 59
 of the laws of 2020, is amended to read as follows:
   (3) "Qualified film" means a  feature-length  film,  television  film,
 relocated  television  production, DOCUMENTARY FILM, television pilot or
 television series, regardless of the medium by means of which the  film,
 pilot  or  series is created or conveyed. For the purposes of the credit
 provided by this section only, a "qualified film" with the exception  of
 a  television  pilot,  whose  majority of principal photography shooting
 days in the production of the qualified film are  shot  in  Westchester,
 Rockland,  Nassau,  or  Suffolk  county or any of the five New York City
 boroughs shall have a minimum budget of one million dollars.  A  "quali-
 fied  film", with the exception of a television pilot, whose majority of
 principal photography shooting days in the production of  the  qualified
 film  are shot in any other county of the state than those listed in the
 preceding sentence shall have a minimum  budget  of  two  hundred  fifty
 thousand dollars. "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 consist-
 ing primarily 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;  (ii)  a  production  for which records are required
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09307-01-1

 S. 5226                             2
 
 under section 2257 of title 18, United States  code,  to  be  maintained
 with  respect  to  any performer in such production (reporting of books,
 films, etc. with respect to sexually explicit conduct); or  (iii)  other
 than  a  relocated  television  production, a television series commonly
 known as variety entertainment, variety sketch and variety talk, i.e., a
 program with components of improvisational or  scripted  content  (mono-
 logues, sketches, interviews), either exclusively or in combination with
 other  entertainment  elements  such  as  musical performances, dancing,
 cooking, crafts, pranks, stunts, and games  and  which  may  be  further
 defined  in  regulations  of  the  commissioner of economic development.
 However, a qualified film shall include a television series as described
 in subparagraph (iii) of this paragraph only if an application for  such
 series  has  been deemed conditionally eligible for the tax credit under
 this section prior to April first,  two  thousand  twenty,  such  series
 remains in continuous production for each season, and an annual applica-
 tion  for  each  season of such series is continually submitted for such
 series after April first, two thousand twenty.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2021.