2015 Regular Session ENROLLED SENATE BILL NO. 102 BY SENATOR MORRELL AND REPRESENTATIVE TALBOT 1 AN ACT 2 To amend and reenact R.S. 47:6007(B)(10) and to enact R.S. 47:6007(B)(17), relative to 3 motion picture investor tax credits; to provide for definitions; to limit certification 4 for credits if certain expenditures exceed a certain percentage of production 5 expenditures; and to provide for related matters. 6 Be it enacted by the Legislature of Louisiana: 7 Section 1. R.S. 47:6007(B)(10) is hereby amended and reenacted and R.S. 8 47:6007(B)(17) is hereby enacted to read as follows: 9 ยง6007. Motion picture investor tax credit 10 * * * 11 B. Definitions. For the purposes of this Section: 12 * * * 13 (10)(a) "Production expenditures" means reproduction, production, and 14 postproduction expenditures in this state directly relating to a state-certified 15 production, including without limitation the following: set construction and 16 operation; wardrobes, makeup, accessories, and related services; costs associated 17 with photography and sound synchronization, lighting, and related services and 18 materials; editing and related services; rental of facilities and equipment; leasing of 19 vehicles; costs of food and lodging; digital or tape editing, film processing, transfer 20 of film to tape or digital format, sound mixing, special and visual effects; and 21 payroll. 22 This term 23 (b) "Production expenditures" shall not include expenditures for 24 marketing the following: 25 (i) Marketing and distribution, non-production related overhead, amounts 26 reimbursed by the state or any other governmental entity, costs related to the transfer ACT No. 142 Page 1 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. SB NO. 102 ENROLLED 1 of tax credits, amounts that are paid to persons or entities as a result of their 2 participation in profits from the exploitation of the production, the application fee, 3 or state or local taxes. 4 (ii) Expenditures for Above the Line (ATL) services for the production 5 that exceed forty percent of total production expenditures in the state for the 6 production. 7 * * * 8 (17) "Above the Line services" or "ATL services" means services such 9 as those of a producer, executive producer, line producer, coproducer, assistant 10 producer, actor, director, casting director, screenwriter, and other services of 11 job positions that are associated with the creative or financial control of a 12 production and customarily considered as Above the Line services in the film 13 and television industry. 14 * * * 15 Section 2. The provisions of this Act shall apply to productions with applications 16 received by the office on and after July 1, 2015. 17 Section 3. This Act shall become effective on July 1, 2015, if and when the 18 commissioner of administration and the Legislative Auditor provide written notice to the 19 President of the Senate, the Speaker of the House of Representatives, and the Louisiana State 20 Law Institute that they have determined that an Act or Acts were enacted in the 2015 21 Regular Session of the Legislature sufficient to offset any tax increases provided for in the 22 Acts of such Session over a five year period. PRESIDENT OF THE SENATE SPEAKER OF THE HOUSE OF REPRESENTATIVES GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 2 of 2 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions.