Senate Bill S7422A

2023-2024 Legislative Session

Excludes a production using artificial intelligence or autonomous vehicles in a manner which results in the displacement of employees from the definition of qualified film

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S7422 - Details

See Assembly Version of this Bill:
A7634
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §24, Tax L

2023-S7422 - Summary

Excludes a production using artificial intelligence or autonomous vehicles in a manner which results in the displacement of employees whose salaries are qualified expenses from the definition of qualified film for the purposes of the empire state film production credit.

2023-S7422 - Sponsor Memo

2023-S7422 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7422
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced  by  Sen.  WEBB  --  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  prohibiting  applicants  of
   the empire state film production credit from using artificial intelli-
   gence that would displace any natural person in their productions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision (a) of section 24 of the tax law
 is amended by adding a new subparagraph (iii) to read as follows:
   (III)(A) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, A QUALI-
 FIED FILM PRODUCTION COMPANY OR QUALIFIED  INDEPENDENT  FILM  PRODUCTION
 COMPANY THAT HAS APPLIED FOR CREDIT UNDER THE PROVISIONS OF THIS SECTION
 SHALL, AS A CONDITION FOR THE GRANTING OF THE CREDIT, BE PROHIBITED FROM
 USING SYNTHETIC MEDIA IN ANY COMPONENT OF PRODUCTION THAT WOULD DISPLACE
 ANY NATURAL PERSON IN SUCH PRODUCTION.
   (B) FOR THE PURPOSES OF THIS SUBPARAGRAPH, "SYNTHETIC MEDIA" MEANS ANY
 FORM  OF  MEDIA INCLUDING TEXT, IMAGE, VIDEO OR SOUND FULLY OR PARTIALLY
 CREATED OR MODIFIED THROUGH THE USE  OF  ARTIFICIAL  INTELLIGENCE  ALGO-
 RITHMS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11610-01-3



              

co-Sponsors

2023-S7422A - Details

See Assembly Version of this Bill:
A7634
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §24, Tax L

2023-S7422A - Summary

Excludes a production using artificial intelligence or autonomous vehicles in a manner which results in the displacement of employees whose salaries are qualified expenses from the definition of qualified film for the purposes of the empire state film production credit.

2023-S7422A - Sponsor Memo

2023-S7422A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7422--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced by Sens. WEBB, COMRIE, RAMOS -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Investi-
   gations  and  Government  Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the tax law, in relation to excluding a production which
   uses  artificial  intelligence  in  a  manner  which  results  in  the
   displacement  of  employees whose salaries are qualified expenses from
   the definition of qualified film for the purposes of 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 9-a of part D of chapter 59 of the laws of
 2023, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11610-04-3
              

co-Sponsors

2023-S7422B (ACTIVE) - Details

See Assembly Version of this Bill:
A7634
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §24, Tax L

2023-S7422B (ACTIVE) - Summary

Excludes a production using artificial intelligence or autonomous vehicles in a manner which results in the displacement of employees whose salaries are qualified expenses from the definition of qualified film for the purposes of the empire state film production credit.

2023-S7422B (ACTIVE) - Sponsor Memo

2023-S7422B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7422--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 24, 2023
                                ___________
 
 Introduced by Sens. WEBB, COMRIE, RAMOS -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Investi-
   gations  and  Government  Operations  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- recommitted to the Committee on Investigations  and  Government
   Operations  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the tax law, in relation to excluding a production which
   uses artificial intelligence or autonomous vehicles in a manner  which
   results  in the displacement of employees whose salaries are qualified
   expenses from the definition of qualified film for the purposes of 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 9-a of part D of chapter 59 of  the  laws  of
 2023, 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,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11610-08-4
              

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