Senate Bill S4305

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4305
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 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  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, 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"  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 "qualified film", whose majority of principal photog-
 raphy  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 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;  (ii)  a  production  for which records are required
 under section 2257 of title 18, United States  code,  to  be  maintained

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08288-01-5
              

 S. 4305                             2
 
 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. A series that changes
 either or both the title of the series or the principal  cast  prior  to
 March  thirty-first,  two  thousand twenty-three, shall be considered to
 remain in continuous production for each  season,  provided  the  series
 films  at  the  same  location as prior seasons, is produced by the same
 entity, and retains at least eighty percent of the staff from the  prior
 season.
   § 2. This act shall take effect immediately and shall apply to taxable
 years beginning on or after January 1, 2023.