| CAST & CREW ENTERTAINMENT SERVICES |
FRIDAY, JANUARY 22, 2016
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In this Issue  |
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ENACTED LEGISLATION
Signed by the Governor
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District of Columbia (B 206)  On January 12, 2016, Mayor Bowser signed Bill B 206 which amended the film production incentive program (subject to congressional approval) as follows:
- Provides for a 35% rebate on qualified production expenditures that are subject to taxation in the District;
- Provides for a 21% rebate on qualified production expenditures that are not subject to taxation in the District;
- Allows resident labor to qualify for a 30% rebate;
- Allows nonresident labor to qualify for a 10% rebate;
- Eliminates the inclusion of development costs in the calculation of the $250,000 minimum spend in the District;
- Creates a $500,000 aggregate salary cap for wages or other compensation for above-the-line employees;
- Creates an end credit and promotional requirement; and,
- Removes the inclusion of marketing and distribution as qualified postproduction expenditures.
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New Jersey (S 779) On January 11, 2016, Senate Bill 779, which proposed to re-establish the film production tax credit program, was vetoed by Governor Christie.
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PROPOSED LEGISLATION
Still in the House or Senate |
Illinois (H 4440) House Bill 4440 proposes to eliminate the film production incentive program effective immediately.
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Kentucky (H 224)
House Bill 224 proposes to amend the production incentive program to include digital interactive media productions. Highlights of the program are as follows:
- Creates a refundable tax credit equal to 30% for qualified expenditures;
- Creates a refundable tax credit equal to 30% for payroll expenditures paid to nonresident employees or contract laborers;
- Creates a refundable tax credit equal to 35% for the payroll expenditures paid to resident employees or contract laborers;
- Allows a refundable tax credit equal to 35% of the qualified expenditures, including resident and nonresident payroll, incurred in an enhanced county;
- Creates a minimum spend requirement of:
- $100k for Kentucky-based companies; or,
- $200k for non-Kentucky-based companies;
- Requires the inclusion of a Kentucky screen credit and logo; and,
- Creates a sunset date of December 31, 2021.
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New York (S 1297) Senate Bill 1297 proposes to adjust the state annual cap of $420 million for inflation each year after 2016, but in no event shall the annual cap be less than $420 million.
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New York (S 2518)
Senate Bill 2518 proposes to amend the film production incentive program as follows:
- Allows writers' fees and salaries of $50k or less to qualify per writer, per qualified film if:
- The writer is subject to taxation by the state; and,
- The fees and salaries are not based on deferred, leveraged, or profit participation costs;
- Establishes a funding cap of $5 million to be awarded each year for writer's fees and salaries; and,
- Requires at least one writer to be a member of a minority group, or a woman, if more than three writers are hired or retained by the production and credit is requested for their fees and salaries.
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Oklahoma (S 1025) Senate Bill 1025 proposes to temporarily suspend the film production incentive program from July 1, 2016 through June 30, 2018.
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Rhode Island (H 7192)
House Bill 7192 proposes to amend the film production incentive program as follows:
- Reduce the per project cap from $5 million to $2 million; and,
- Reduce the program cap from $15 million to $5 million per calendar year.
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Utah (H 162) House Bill 162 proposes to amend the film production incentive program as follows:
- Creates a sunset date of June 30,2017 for funding of the program; and,
- Creates a sunset date of June 30, 2020 for the program in the event that unused funds from previous years are rolled forward and available.
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Washington (H 2542) House Bill 2542 proposes to amend the film production incentive program as follows:
- Increases the annual funding cap gradually beginning January 1, 2017 per the progression below:
- Increases the cap to $5.25 million in calendar year 2017;
- Increases the cap to $7 million in calendar year 2018;
- Increases the cap to $8.5 million in calendar year 2019;
- Increases the cap to $10 million in calendar year 2020 and subsequent years; and,
- Extends the sunset date from June 30, 2017 to December 31, 2023.
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Washington (S 6288) Senate Bill 6288 proposes to amend the film production incentive program by extending the sunset date from June 30, 2017 to June 30, 2019.
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Production Incentives
 Joe BessaciniVice President, Film & TV Production Incentives
818-480-4427
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 Deirdre OwensVice President, Production Incentive Financing
818-972-3201
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ALBUQUERQUE ATLANTA BATON ROUGE BURBANK DETROIT NEW ORLEANS NEW YORK
WILMINGTON LONDON TORONTO VANCOUVER |
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