BILL NUMBER: S58
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the tax law, in relation to the definition of film zone
and the exclusion of the film zone from the additional empire state film
production credit
 
PURPOSE:
Adds areas of Rockland and Westchester which are outside the "film zone"
to the additional empire state film production credit.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 24 of the tax law as it relates to
including areas of Rockland or Westchester counties not located within
the film zone as part of the additional empire state film production
credit.
Section 2 of the bill amends subdivision (b) of section 24 at the tax
law as it relates to adding the definition of film zone.
Section 3 states the effective date.
 
JUSTIFICATION:
In 2013, in an effort to provide an economic boost to certain areas of
the state, an additional 10% film production tax credit was created to
incentivize filming in certain upstate counties. Since the creation of
this additional film credit, other counties have been subsequently added
with all counties north of New York City eligible except Rockland and
Westchester counties.
The film industry uses a film zone which requires productions outside a
25 mile radius of New York City to pay additional labor rates. These
productions outside the film zone (25 miles outside Columbus Circle) are
more expensive to film given the additional labor costs and the lack of
the additional film credit. There are portions of both Rockland and
Westchester counties which are outside the film zone and are not eligi-
ble for the additional 10% tax credit; creating a severe disadvantage to
areas that receive the additional credit and areas within the film zone.
This bill will create parity by incentivizing filming in the areas in
Rockland and Westchester that fall outside the 25 mile film zone.
 
LEGISLATIVE HISTORY:
2021-2022: S2967/A1120 - Died in Investigations and Government
Operations/Died in Ways and Means
2019-2020: S4349/A3883 - Died in Investigations and Government
Operations/Died in Ways and Means
2017-2018: A8463 - Died in Ways and Means
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S58: 24 tax law