S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10034
 
                           I N  A S S E M B L Y
 
                              April 29, 2022
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Ways and Means
 
 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:
 
   Section 1.  Paragraph 3 of subdivision (b) of section 24  of  the  tax
 law,  as  amended  by  section  5 of part F of chapter 59 of the laws of
 2021, is amended to read as follows:
   (3) "Qualified film" means a  feature-length  film,  television  film,
 relocated  television production, 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" whose majority of principal photography
 shooting days in the production of the qualified film are shot in  West-
 chester, Rockland, Nassau, or Suffolk county or any of the five New York
 City  boroughs  shall  have  a  minimum budget of one million dollars. A
 "qualified film", 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 mini-
 mum 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 consisting 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 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 tele-
 vision series commonly known as variety  entertainment,  variety  sketch
 and  variety talk, i.e., a program with components of improvisational or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15162-01-2
 A. 10034                            2
 
 scripted content (monologues, 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  tele-
 vision  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 application for each season of such series is continually
 submitted for such  series  after  April  first,  two  thousand  twenty.
 NOTWITHSTANDING  SUBPARAGRAPH (III) OF THIS PARAGRAPH, AN ENTITY RECEIV-
 ING A CREDIT PURSUANT TO THIS SECTION FOR A TELEVISION  SERIES  COMMONLY
 KNOWN  AS VARIETY ENTERTAINMENT, THAT WOULD OTHERWISE BE PROHIBITED FROM
 RECEIVING A TAX CREDIT, SHALL BE  ELIGIBLE  FOR  A  NEW  VARIETY  ENTER-
 TAINMENT  SHOW  CREDIT IF THE AMOUNT OF THE INITIAL YEAR CREDIT DOES NOT
 EXCEED THE PREVIOUS YEAR'S AMOUNT, AT LEAST FIFTY PERCENT OF  THE  STAFF
 ARE MAINTAINED IN THE FIRST YEAR OF THE CREDIT, THE SAME ELIGIBLE ENTITY
 APPLIES FOR THE SUBSEQUENT SEASON'S CREDIT, AND SUCH APPLICATION IS MADE
 PRIOR TO MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE.
   § 2. This act shall take effect immediately.