What's happening
This bill prohibits New York's film production tax credit for films that depict or reference tobacco or nicotine products.
Why it matters
Aims to reduce tobacco and nicotine imagery in media by making films that show or reference these products ineligible for state tax breaks. , potentially influencing the creative decisions of filmmakers seeking New York's financial incentives.
Targets not only direct depictions of smoking but also indirect references, paraphernalia, and related trademarks or promotional material. , creating a broad restriction that could affect films even if tobacco use is not central to the plot.
Could impact the economic calculus for film productions in New York. , as productions featuring any tobacco/nicotine content may lose access to significant state support, possibly shifting some projects to other locations or prompting script and content changes.
Reflects a public health policy approach that leverages economic tools to discourage normalization and glamorization of tobacco and nicotine use in popular culture,. especially given the influence of media on youth perceptions and behaviors.
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Who cares
Headline styles
No Film Credits for Smoking
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to ways and means
- Referred to ways and means
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5185
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. ARROYO -- read once and referred to the Committee on Ways and Means
AN ACT to amend the tax law, in relation to prohibiting the empire state film production credit for films which feature smoking and associated paraphernalia
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 3 of subdivision (b) of section 24 of the tax law, as amended by section 1 of part B of chapter 59 of the laws of 2013, is amended to read as follows:
(3) "Qualified film" means a feature-length film, television film, relocated television production, television pilot and/or each episode of a television series, regardless of the medium by means of which the film, pilot or episode is created or conveyed. "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, [or] (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) any production that depicts or refers to any tobacco product or non-pharmaceutical nicotine delivery device or its use, associated paraphernalia or related trademarks or promotional material.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09032-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.