The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Riley Boudreaux.
DIGEST
SB 99 Original 2015 Regular Session Morrell
Present law requires applicants for motion picture investor tax credits to be certified for each
production and limits certification of expenditures to no more than twice during the duration of a
state-certified production unless the motion picture production company agrees to reimburse the
office of entertainment industry development in the Department of Economic Development for the
costs of any additional certifications.
Proposed law authorizes the office and the secretary to enter into a contract with an applicant for tax
credits to be certified and earned at the end of each season of a "television/video series" in the
manner provided for other state-certified productions for a period of five years, renewable for an
additional five years. If the office and the secretary determines that a production is a "scripted
televison/video series" as defined in the proposed law and as the term is used in the television and
video industry, they may accept the application proposed or may negotiate with the applicant for
terms which the office and secretary determine are in the best interest of the state.
"Scripted television/video series" is defined as a state certified television production or video
produced for any digital online platform which the office and the secretary determine will consist
of a number of productions occurring over a number of seasons for more than one year, intended to
be filmed according to a script and a substantial portion of the dialogue of which is scripted in
advance of filming, and which production is otherwise determined by the office and secretary to be
a "scripted series" as the term is used in the television and video industry.
Proposed law requires the contract for a "scripted televison/video series" to set forth the obligations
of the applicant for credits with respect to the following, which are in addition to any other
requirements for certification as a state-certified production:
1. The investment by the applicant in the construction of a "qualified production facility", or
a lease of an existing "qualified production facility" for a minimum of five years, as provided
for in the contracts submitted by the applicant with his application, which contracts are
contingent upon the applicants receipt of a contract with the office for a "scripted
television/video series" production.
"Qualified production facility" is defined as a film, video, or television production facility
in the state qualified in writing by the office and the secretary for purposes of the tax credit
for scripted television/video series.
2. A guarantee of the average annual amount of production expenditures the applicant will
expend over the course of production of the scripted television/video series. The applicant
is required to offer a guarantee for such amount in his application which may be accepted or negotiated by the office and the secretary.
3. A guarantee of the number of full time jobs in which the applicant will employ Louisiana
residents. The applicant is required to offer a guarantee for such jobs in his application which
may be accepted or negotiated by the office and the secretary.
Proposed law authorizes a contract and certification to be renewed for up to five years if the
applicant has complied with all the terms of the contract and has not performed any act, nor failed
to perform any act, which the office and secretary determine would have been a violation of the
applicant's obligations under the contract and the office and secretary are reasonably assured of the
applicant's continued successful performance of the contract's terms if renewed. Denial of a renewal
may be appealed as provided for denials of certification.
Proposed law requires a contract to be voided and no tax credits to be certified or earned under the
contract if there is a violation of the terms and obligations of the contract.
Present law limits certification of expenditures of a production for purpose of granting the credits
no more than twice during the duration of a state-certified production unless the motion picture
production company agrees to reimburse the office for the costs of any additional certifications.
Proposed law authorizes certification of credits for "scripted television/video series" at the end of
each season as provided for in the contract.
Proposed law requires the secretary, the office, and the division of administration to determine,
through the promulgation of rules, an appeals process in the event that an application for a contract,
or the renewal of a contract, or qualification as a "qualified production facility", is denied. The office
is required to promptly provide written notice of such denial to the Senate Committee on Revenue
and Fiscal Affairs and the House Committee on Ways and Means.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 47:6007(C)(1)(intro para), (D)(1)(b), (2)(c), (d)(i), (e)(intro para), and (e)(ii); adds
R.S. 47:6007(B)(17) and (18), (D)(1)(d)(iv) and (2)(a)(ii))