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S689Senate2019-2020 SessionSame asA1713

End Film Tax Credits

Official title

“Repeals the Empire state film production credit and the Empire state film post production credit”

Sponsor Robert OrttSD-62+1 co-sponsorAffects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill repeals the Empire State film production and post-production tax credits in New York State.

Why it matters

  1. End of Major Subsidies. By repealing these tax credits, New York would halt a long-standing financial incentive designed to attract film and TV productions, potentially making the state less competitive compared to other regions still offering such subsidies.

  2. Economic Ripple Effects. The removal of these credits could impact thousands of jobs tied to the film industry, including not just actors and producers, but also local businesses such as caterers, equipment suppliers, and construction workers who benefit from production spending.

  3. Budget and Policy Shift. Eliminating these credits could free up significant state funds, prompting debate over whether those resources should be redirected to other public priorities or used to reduce the deficit, signaling a shift in New York’s approach to economic development.

  4. Cultural and Branding Implications. The presence of film productions in New York has contributed to the state’s cultural identity and visibility; repealing these incentives could reduce the number of high-profile projects filmed locally, affecting tourism and the state’s image as a creative hub.

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Who cares

Headline styles

End Film Tax Credits

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Robert Ortt

Senator · Senate District 62

History

  1. Referred to investigations and government operations
  2. Referred to investigations and government operations

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1713Assembly

End Film Tax Credits

In Assembly Committee · Ways And Means · Sponsor Stephen Hawley

Impact 8 · Significant0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

689

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations

AN ACT to repeal certain provisions of the tax law, relating to the Empire state film production credit and the Empire state film post production credit

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 24 of the tax law is REPEALED.

§ 2. Section 31 of the tax law, as added by section 12 of part Q of chapter 57 of the laws of 2010, is REPEALED.

§ 3. Clause (E) of subparagraph (ii) of paragraph (b) of subdivision 1 of section 210-B of the tax law is REPEALED.

§ 4. Subdivision 20 of section 210-B of the tax law is REPEALED.

§ 5. Subdivision 32 of section 210-B of the tax law is REPEALED.

§ 6. Clause (v) of subparagraph (B) of paragraph 2 of subdivision (a) of section 606 of the tax law is REPEALED.

§ 7. Clause (xxii) of subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law is REPEALED.

§ 8. Clause (xxxi) of subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law, as added by section 14 of part Q of chapter 57 of the laws of 2010, is REPEALED.

§ 9. Subsection (gg) of section 606 of the tax law is REPEALED.

§ 10. Subsection (qq) of section 606 of the tax law, as added by section 15 of part Q of chapter 57 of the laws of 2010, is REPEALED.

§ 11. Subdivisions (b) and (c) of section 1201-A of the tax law are REPEALED.

§ 12. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02403-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to repeal certain provisions of the tax law, relating to the Empire state film production credit and the Empire state film post production credit

Purpose

Repeals the Empire state film production and the Empire state film post production tax credit.

Summary of provisions

Section 1 repeals Section 4 of the Tax Law related to the Empire state production tax credit.

Section 2 repeals Section 12 of part Q of Chapter 57 of the laws of 2010 as it creates the Empire State film and Empire state post production film tax credit.

Section 3 repeals clause (E) of subparagraph (ii) of paragraph (b) of subdivision 1 of section 210-B of the tax law relating to the term qual- ified film production facility and qualified film production company.

Section 4 repeals Subdivision 20 of Section 210-B of the tax law relat- ing to allowances of credit.

Section 5 repeals Subdivision 32 of section 210-B of the tax law relat- ing to allowances of credit.

Section 6 repeals clause (v) of subparagraph (B) of paragraph 2 of subdivision (a) of section 606 of the tax law relating to the definition of qualified film production credit and qualified post production credit for the chapter.

Section 7 repeals clause (xxii) of subparagraph (B) of paragraph 1 of subsection (i) of section 606 of the tax law eliminates a reference to the empire state film production tax credit.

Section 8 repeals clause (xxxi) of subparagraph (B) of paragraph 1 of subsection 1 of section 606 of the tax law relating to the empire state post production film tax credit.

Section 9 repeals subsection (gg) of section 606 of the tax law refer- encing the empire state film production credit.

Section 10 repeals subsection (qq) of section 606 of the tax law' as added by section 15 of part Q of Chapter 57 of the Laws of 2060 removing language related to the empire state film production and empire state post production film tax credit, as well as referencing $420 million to be made available for the program.

Section 1.1 repeals subdivisions (b) and (c) of section 1201-A of the tax law repeals credits against taxes administered by a city of over a population of one million relating to the empire state production and empire state post production tax credit.

Section 12 is the effective date.

Justification

At a time of a deficit, we must look at subsidies the state provides. This $420 million tax credit to the multi-million television an d film industry has the dubious distinction of being one that provided $5 million to Harvey Weinstein's Company. As we are seeing more and more instances of high-level television and film stars being accused of being sexual predators, New York must reconsider the monetary support being provided to this industry. New York State can stand on its own without the need to provide this corporate welfare to companies that do not need this funding to succeed and many are already located in New York, the others are almost exclusively in California. Reports of these credits show that the benefits are unproven. Since 2009, 10 states have ended similar tax credits.

Legislative history

2017-2018: S. 6968 referred to Investigations

Fiscal implications

$420 million is spent on the Film Tax Credit, and $25 million is spent on the Post Production Credit.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.