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A01101 Summary:

BILL NOA01101
 
SAME ASSAME AS S01142
 
SPONSORJaffee
 
COSPNSRZebrowski, Brabenec
 
MLTSPNSR
 
Amd 24, Tax L
 
Authorizes Rockland county to qualify for the empire state film production credit.
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A01101 Actions:

BILL NOA01101
 
01/14/2019referred to ways and means
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A01101 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1101
 
SPONSOR: Jaffee
  TITLE OF BILL: An act to amend the tax law, in relation to increasing the number of counties in which services can be performed to qualify for the empire state film production credit   PURPOSE: The purpose of this legislation is to create an additional 10% Film Production Tax Credit for Rockland County that is currently, both outside of the New York City studio zone and ineligible for the current 10% incentive.   SUMMARY OF PROVISIONS: Section one amends paragraph 5 of subdivision (a) of section 24 of the tax law to include Rockland County in the 10% Film Production Tax Cred- it. Section two is the effective date.   JUSTIFICATION: In an effort to boost film production in other parts of the state, particularly economically struggling upstate New York, the 2013-14 state budget created an additional 10% Film Production Tax Credit for production companies who film (or production's filmed) in forty upstate counties (two counties, Albany and Schenectady, were subsequently added in the 2014-15 budget). This incentive has worked. Production companies are now filming in upstate New York because most or all of the extra costs associated with filming outside of the studio zone are being offset with this additional tax credit. While this incentive has had a positive impact on the film industry upstate, it has unfortunately had a negative impact on other parts of the state, namely, Rockland County given that transportation remains as the biggest hurdle in obtaining talent and crew within the county. Not only does Rockland lack Metropolitan Commuter Transportation Mobility, but the county also lacks an Airport. This area, outside of the New York City studio zone and ineligible for the additional 10% incentive, has become a "film fly over" county. Rockland simply cannot afford to be off-limits to this important and lucrative industry.   LEGISLATIVE HISTORY: 6/20/17 - Ordered 3rd Reading 1/3/18 - 3rd Reading   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately
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A01101 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1101
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  JAFFEE, ZEBROWSKI, BRABENEC -- read once and
          referred to the Committee on Ways and Means
 
        AN ACT to amend the tax law, in relation to  increasing  the  number  of
          counties  in which services can be performed to 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:
 
     1    Section  1.  Paragraph  5  of subdivision (a) of section 24 of the tax
     2  law, as amended by section 1 of part M of chapter  59  of  the  laws  of
     3  2017, is amended to read as follows:
     4    (5)  For  the period two thousand fifteen through two thousand twenty-
     5  two, in addition to the amount of credit established in paragraph two of
     6  this subdivision, a taxpayer shall be allowed  a  credit  equal  to  the
     7  product  (or pro rata share of the product, in the case of a member of a
     8  partnership) of ten percent and the amount of wages or salaries paid  to
     9  individuals  directly  employed  (excluding  those  employed as writers,
    10  directors, music directors, producers and  performers,  including  back-
    11  ground  actors  with  no  scripted lines) by a qualified film production
    12  company or a qualified independent film production company for  services
    13  performed  by those individuals in one of the counties specified in this
    14  paragraph in connection with a qualified film with a minimum  budget  of
    15  five  hundred  thousand dollars. For purposes of this additional credit,
    16  the services must be performed in one or more of the following counties:
    17  Albany, Allegany,  Broome,  Cattaraugus,  Cayuga,  Chautauqua,  Chemung,
    18  Chenango,  Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Essex,
    19  Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis,
    20  Livingston, Madison,  Monroe,  Montgomery,  Niagara,  Oneida,  Onondaga,
    21  Ontario,  Orange, Orleans, Oswego, Otsego, Putnam, Rensselaer, Rockland,
    22  Saratoga, Schenectady, Schoharie, Schuyler, Seneca, St. Lawrence,  Steu-
    23  ben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyom-
    24  ing,  or  Yates. The aggregate amount of tax credits allowed pursuant to
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02779-01-9

        A. 1101                             2
 
     1  the authority of this paragraph shall be five million dollars each  year
     2  during  the  period two thousand fifteen through two thousand twenty-two
     3  of the annual allocation made available to the program pursuant to para-
     4  graph  four of subdivision (e) of this section. Such aggregate amount of
     5  credits shall be allocated by the governor's office for  motion  picture
     6  and  television  development  among taxpayers in order of priority based
     7  upon the date of filing an application for allocation of film production
     8  credit with such office.  If  the  total  amount  of  allocated  credits
     9  applied  for  under  this  paragraph  in  any year exceeds the aggregate
    10  amount of tax credits allowed for such year under this  paragraph,  such
    11  excess  shall  be treated as having been applied for on the first day of
    12  the next year. If the total amount of allocated tax credits applied  for
    13  under  this  paragraph  at  the conclusion of any year is less than five
    14  million dollars, the remainder shall be treated as part  of  the  annual
    15  allocation  made  available to the program pursuant to paragraph four of
    16  subdivision (e) of this section. However, in no event may the  total  of
    17  the  credits  allocated  under  this paragraph and the credits allocated
    18  under paragraph five of subdivision (a) of section  thirty-one  of  this
    19  article  exceed  five  million dollars in any year during the period two
    20  thousand fifteen through two thousand twenty-two.
    21    § 2. This act shall take effect immediately.
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