Senate File 2283 - Introduced



                                       SENATE FILE       
                                       BY  DOTZLER

                                       (COMPANION TO LSB 6005HH BY
                                        DAVITT)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act creating a film promotion program and fund, providing tax
  2    credits and exemptions, and including effective and
  3    retroactive applicability dates.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6005SS 81
  6 tm/cf/24

PAG LIN



  1  1    Section 1.  NEW SECTION.  15.391  SHORT TITLE.
  1  2    This part shall be known as the "Film Promotion Program".
  1  3    Sec. 2.  NEW SECTION.  15.392  PURPOSE.
  1  4    The purpose of the film promotion program is to assist
  1  5 legitimate film, television, and video producers in the making
  1  6 of film, television, and video projects in the state and to
  1  7 increase the fiscal impact on the state's economy of film,
  1  8 television, and video projects produced in the state.
  1  9    Sec. 3.  NEW SECTION.  15.393  FILM PROMOTION PROGRAM.
  1 10    1.  The department shall establish and administer a film
  1 11 promotion program that will provide for the registration of
  1 12 projects involving films that are to be shot on location in
  1 13 the state.  A film project that is registered under the
  1 14 program is entitled to the assistance provided in subsection
  1 15 2.  A fee shall not be charged for registering.  The
  1 16 department shall not register a film project unless the
  1 17 department determines that all of the following are met:
  1 18    a.  The project is a legitimate effort to produce an entire
  1 19 film, television, or video episode or a film, television, or
  1 20 video segment in the state.
  1 21    b.  The film project will have an economic impact on the
  1 22 economy of the state or locality sufficient to justify
  1 23 assistance under the program.
  1 24    c.  The film project will further tourism, economic
  1 25 development, and population retention or growth in the state
  1 26 or locality.
  1 27    d.  Other criteria established by rule relating to the
  1 28 economic impact and promotional aspects of the film project on
  1 29 the state or locality.
  1 30    2.  A film project registered with the department under the
  1 31 program is eligible for the following assistance:
  1 32    a.  (1)  For tax years beginning on or after January 1,
  1 33 2006, a qualified expenditure tax credit shall be allowed
  1 34 against the taxes imposed in chapter 422, divisions II, III,
  1 35 and V, and in chapter 432, and against the moneys and credits
  2  1 tax imposed in section 533.24, for a portion of a taxpayer's
  2  2 qualified expenditures in a film project registered under the
  2  3 program.  The tax credit shall equal twenty=five percent of
  2  4 the qualified expenditures on a film project.  An individual
  2  5 may claim a tax credit under this paragraph "a" of a
  2  6 partnership, limited liability company, S corporation, estate,
  2  7 or trust electing to have income taxed directly to the
  2  8 individual.  The amount claimed by the individual shall be
  2  9 based upon the pro rata share of the individual's earnings
  2 10 from the partnership, limited liability company, S
  2 11 corporation, estate, or trust.  Any tax credit in excess of
  2 12 the taxpayer's liability for the tax year may be credited to
  2 13 the tax liability for the following five years or until
  2 14 depleted, whichever is earlier.  A tax credit shall not be
  2 15 carried back to a tax year prior to the tax year in which the
  2 16 taxpayer claims the tax credit.  A tax credit shall not be
  2 17 transferable to any other taxpayer.
  2 18    (2)  A qualified expenditure by a taxpayer is a payment to
  2 19 an Iowa resident or an Iowa=based business for services
  2 20 directly related to the registered film project.
  2 21    b.  For tax years beginning on or after January 1, 2006, an
  2 22 investment tax credit shall be allowed against the taxes
  2 23 imposed in chapter 422, divisions II, III, and V, and in
  2 24 chapter 432, and against the moneys and credits tax imposed in
  2 25 section 533.24, for a portion of a taxpayer's investment in a
  2 26 film project registered under the program.  The tax credit
  2 27 shall equal ten percent of the investment in the film project.
  2 28 An individual may claim a tax credit under this paragraph of a
  2 29 partnership, limited liability company, S corporation, estate,
  2 30 or trust electing to have income taxed directly to the
  2 31 individual.  The amount claimed by the individual shall be
  2 32 based upon the pro rata share of the individual's earnings
  2 33 from the partnership, limited liability company, S
  2 34 corporation, estate, or trust.  Any tax credit in excess of
  2 35 the taxpayer's liability for the tax year may be credited to
  3  1 the tax liability for the following five years or until
  3  2 depleted, whichever is earlier.  A tax credit shall not be
  3  3 carried back to a tax year prior to the tax year in which the
  3  4 taxpayer claims the tax credit.  A tax credit shall not be
  3  5 transferable to any other taxpayer.  A taxpayer shall not
  3  6 claim a tax credit under this paragraph "b" for qualified
  3  7 expenditures for which a tax credit is claimed under paragraph
  3  8 "a".
  3  9    c.  The sales and use tax exemptions provided in section
  3 10 423.3, subsection 89, for purchases of tangible personal
  3 11 property or services to be used for the film project in the
  3 12 state.
  3 13    d.  A registration fee exemption for a vehicle used in the
  3 14 production of a film pursuant to section 321.105.
  3 15    e.  A person producing a film project registered under the
  3 16 program may apply to the department for purposes of being
  3 17 reimbursed for film production costs charged by a local
  3 18 government.  Such costs include, but are not limited to, costs
  3 19 for the use of public safety personnel and public equipment.
  3 20 Reimbursement shall be provided from moneys in the film
  3 21 promotion fund created in subsection 4.
  3 22    3.  The department shall promote the program and the
  3 23 assistance available under the program on an internet website.
  3 24    4.  A film promotion fund is created in the state treasury
  3 25 under the control of the department and consisting of any
  3 26 moneys appropriated by the general assembly and any other
  3 27 moneys available to and obtained or accepted by the department
  3 28 for placement in the fund.  Payments of interest, repayments
  3 29 of moneys loaned pursuant to this section, and recaptures of
  3 30 loans shall be deposited in the fund.  The fund shall be used
  3 31 to provide financial assistance under the film promotion
  3 32 program.  Moneys in the fund are not subject to section 8.33.
  3 33 Notwithstanding section 12C.7, interest or earnings on moneys
  3 34 in the fund shall be credited to the fund.
  3 35    Sec. 4.  Section 321.105, Code 2005, is amended by adding
  4  1 the following new unnumbered paragraph:
  4  2    NEW UNNUMBERED PARAGRAPH.  A person whose vehicle is used
  4  3 in the production of a film registered under the film
  4  4 promotion program pursuant to section 15.393 is exempt from
  4  5 payment of any registration fee for a period of one=hundred=
  4  6 eighty days.  In order to receive the film promotion program
  4  7 exemption, the applicant must submit a certification issued by
  4  8 the department of economic development that the vehicle was
  4  9 used in a film project registered under the program.
  4 10    Sec. 5.  NEW SECTION.  422.11M  FILM QUALIFIED EXPENDITURE
  4 11 TAX CREDIT.
  4 12    The taxes imposed under this division, less the credits
  4 13 allowed under sections 422.12 and 422.12B, shall be reduced by
  4 14 a qualified expenditure tax credit authorized pursuant to
  4 15 section 15.393, subsection 2, paragraph "a".
  4 16    Sec. 6.  NEW SECTION.  422.11N  FILM INVESTMENT TAX CREDIT.
  4 17    The taxes imposed under this division, less the credits
  4 18 allowed under sections 422.12 and 422.12B, shall be reduced by
  4 19 an investment tax credit authorized pursuant to section
  4 20 15.393, subsection 2, paragraph "b".
  4 21    Sec. 7.  Section 422.33, Code Supplement 2005, is amended
  4 22 by adding the following new subsection:
  4 23    NEW SUBSECTION.  20.  The taxes imposed under this division
  4 24 shall be reduced by a qualified expenditure tax credit
  4 25 authorized pursuant to section 15.393, subsection 2, paragraph
  4 26 "a".
  4 27    Sec. 8.  Section 422.33, Code Supplement 2005, is amended
  4 28 by adding the following new subsection:
  4 29    NEW SUBSECTION.  21.  The taxes imposed under this division
  4 30 shall be reduced by an investment tax credit authorized
  4 31 pursuant to section 15.393, subsection 2, paragraph "b".
  4 32    Sec. 9.  Section 422.60, Code Supplement 2005, is amended
  4 33 by adding the following new subsection:
  4 34    NEW SUBSECTION.  11.  The taxes imposed under this division
  4 35 shall be reduced by a qualified expenditure tax credit
  5  1 authorized pursuant to section 15.393, subsection 2, paragraph
  5  2 "a".
  5  3    Sec. 10.  Section 422.60, Code Supplement 2005, is amended
  5  4 by adding the following new subsection:
  5  5    NEW SUBSECTION.  12.  The taxes imposed under this division
  5  6 shall be reduced by an investment tax credit authorized
  5  7 pursuant to section 15.393, subsection 2, paragraph "b".
  5  8    Sec. 11.  Section 423.3, Code Supplement 2005, is amended
  5  9 by adding the following new subsection:
  5 10    NEW SUBSECTION.  89.  The sales price of the following
  5 11 tangible personal property sold or services furnished to a
  5 12 film production company for the use of a film project
  5 13 registered with the department of economic development
  5 14 pursuant to section 15.393:
  5 15    a.  Vehicle rentals.
  5 16    b.  Camera equipment.
  5 17    c.  Lighting, stage, equipment, and supplies.
  5 18    d.  Sound equipment and supplies.
  5 19    e.  Recording equipment and supplies.
  5 20    f.  Costumes, wardrobe, and construction materials.
  5 21    g.  Props, scenery, and construction materials.
  5 22    h.  Film, digital processing, and tape.
  5 23    i.  Design supplies and equipment.
  5 24    j.  Special effects supplies and equipment.
  5 25    k.  Fabrication, printing, or production of scripts.
  5 26    l.  Storyboards.
  5 27    m.  Other purchases deemed unique and essential by the
  5 28 department of economic development film office and identified
  5 29 by rule.
  5 30    Sec. 12.  NEW SECTION.  432.12H  FILM QUALIFIED EXPENDITURE
  5 31 TAX CREDIT.
  5 32    The tax imposed under this chapter shall be reduced by a
  5 33 qualified expenditure tax credit authorized pursuant to
  5 34 section 15.393, subsection 2, paragraph "a".
  5 35    Sec. 13.  NEW SECTION.  432.12I  FILM INVESTMENT TAX
  6  1 CREDIT.
  6  2    The tax imposed under this chapter shall be reduced by an
  6  3 investment tax credit authorized pursuant to section 15.393,
  6  4 subsection 2, paragraph "b".
  6  5    Sec. 14.  Section 533.24, Code Supplement 2005, is amended
  6  6 by adding the following new subsection:
  6  7    NEW SUBSECTION.  8.  The moneys and credits tax imposed
  6  8 under this section shall be reduced by a qualified expenditure
  6  9 tax credit authorized pursuant to section 15.393, subsection
  6 10 2, paragraph "a".
  6 11    Sec. 15.  Section 533.24, Code Supplement 2005, is amended
  6 12 by adding the following new subsection:
  6 13    NEW SUBSECTION.  9.  The moneys and credits tax imposed
  6 14 under this section shall be reduced by an investment tax
  6 15 credit authorized pursuant to section 15.393, subsection 2,
  6 16 paragraph "b".
  6 17    Sec. 16.  EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  6 18 This Act, being deemed of immediate importance, takes effect
  6 19 upon enactment and is retroactively applicable to January 1,
  6 20 2006, for tax years beginning on and after that date.
  6 21                           EXPLANATION
  6 22    This bill creates a film promotion program and fund,
  6 23 provides for tax credits and exemptions, and includes
  6 24 effective and retroactive applicability dates.
  6 25    The bill requires the department of economic development to
  6 26 establish and administer a film promotion program that will
  6 27 provide for the registration of projects involving films that
  6 28 are to be shot on location in the state.  The bill prohibits
  6 29 the department from registering a film project unless the
  6 30 department determines that the film project is a legitimate
  6 31 effort to produce an entire film, television, or video episode
  6 32 or a film, television, or video segment in the state, the film
  6 33 project will have an economic impact on the economy of the
  6 34 state or locality sufficient to justify assistance under the
  6 35 program, the film project will further tourism and population
  7  1 retention or growth in the state or locality, and the film
  7  2 project satisfies any other criteria established by rule by
  7  3 the department.  The bill creates a film promotion fund in the
  7  4 state treasury under the control of the department to be used
  7  5 to provide financial assistance under the film promotion
  7  6 program.
  7  7    The bill provides that a film project registered with the
  7  8 department under the program is eligible for the following
  7  9 assistance:
  7 10    1.  QUALIFIED EXPENDITURE TAX CREDIT.  The bill allows a
  7 11 qualified expenditure tax credit for 25 percent of a
  7 12 taxpayer's qualified expenditures in a film project registered
  7 13 under the program.  The tax credit is allowed against personal
  7 14 and corporate income tax liabilities, franchise tax
  7 15 liabilities for financial institutions, insurance premium tax
  7 16 liabilities, and credit union moneys and credits tax
  7 17 liabilities.  The bill provides that a qualified expenditure
  7 18 is a payment to an Iowa resident or an Iowa=based business for
  7 19 services directly related to the registered film project.  The
  7 20 bill provides that any tax credit in excess of the taxpayer's
  7 21 liability for the tax year may be credited to the tax
  7 22 liability for the following five years or until depleted,
  7 23 whichever is earlier.  The bill prohibits a tax credit from
  7 24 being carried back to a tax year prior to the tax year in
  7 25 which the taxpayer claims the tax credit and provides that a
  7 26 tax credit shall not be transferable to any other taxpayer.
  7 27    2.  INVESTMENT TAX CREDIT.  The bill allows an investment
  7 28 tax credit for 10 percent of a taxpayer's investment in a film
  7 29 project registered under the program.  The tax credit is
  7 30 allowed against personal and corporate income tax liabilities,
  7 31 franchise tax liabilities for financial institutions,
  7 32 insurance premium tax liabilities, and credit union moneys and
  7 33 credits tax liabilities.  The bill provides that any tax
  7 34 credit in excess of the taxpayer's liability for the tax year
  7 35 may be credited to the tax liability for the following five
  8  1 years or until depleted, whichever is earlier.  The bill
  8  2 provides that a tax credit shall not be carried back to a tax
  8  3 year prior to the tax year in which the taxpayer claims the
  8  4 tax credit and shall not be transferable to any other
  8  5 taxpayer.  The bill prohibits an investment tax credit from
  8  6 being claimed for qualified expenditures for which a qualified
  8  7 expenditure tax credit is claimed.
  8  8    3.  SALES AND USE TAX EXEMPTION.  The bill allows a sales
  8  9 and use tax exemption for purchases of certain tangible
  8 10 personal property or services to be used for the film project
  8 11 in the state.
  8 12    4.  VEHICLE REGISTRATION FEE EXEMPTION.  The bill provides
  8 13 for a registration fee exemption for a vehicle used in the
  8 14 production of a film.
  8 15    5.  LOCAL CHARGES REIMBURSEMENT.  The bill allows a person
  8 16 producing a film project registered under the program to apply
  8 17 to the department for purposes of being reimbursed for film
  8 18 production costs charged by a local government.
  8 19    The bill takes effect upon enactment and is retroactively
  8 20 applicable to January 1, 2006, for tax years beginning on and
  8 21 after that date.
  8 22 LSB 6005SS 81
  8 23 tm:rj/cf/24.1