Bill Text: NY S04696 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to the definition of the term "recorded programs" for purposes of the sales tax exemption for machinery or equipment for use or consumption by a broadcaster directly and predominantly in the production of certain live or recorded programs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-06-18 - SUBSTITUTED BY A7262 [S04696 Detail]

Download: New_York-2013-S04696-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4696
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 18, 2013
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government Operations
       AN  ACT  to amend the tax law, in relation to the definition of the term
         "recorded programs" for  purposes  of  the  sales  tax  exemption  for
         machinery or equipment for use or consumption by a broadcaster direct-
         ly  and  predominantly  in  the production of certain live or recorded
         programs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subparagraph  (C)  of  paragraph 38 of subdivision (a) of
    2  section 1115 of the tax law, as added by section 1 of part T of  chapter
    3  63 of the laws of 2000, is amended to read as follows:
    4    (C) For purposes of this paragraph: (i) the term "broadcaster" means a
    5  television  or  radio  station  licensed  by  the federal communications
    6  commission, a television or radio broadcast network  or  a  cable  tele-
    7  vision  network.  The term "television or radio broadcast network" means
    8  an organization which produces and/or purchases  programs  intended  for
    9  transmission  by affiliated television or radio stations licensed by the
   10  federal communications commission and which has distribution  facilities
   11  or  circuits  available  to  such affiliated stations during all or some
   12  portion of one or more days during each week. The term "cable television
   13  network" means an organization which produces and/or purchases  programs
   14  intended  for  transmission either by direct broadcast satellite systems
   15  or by cable systems pursuant to an affiliation or similar agreement  and
   16  which  has  distribution facilities or circuits available to such direct
   17  broadcast satellite systems or such cable systems  during  all  or  some
   18  portion  of  one  or  more  days  during each week.   For the purpose of
   19  subparagraph (B) of this paragraph, the  term  "broadcaster"  shall  not
   20  include  cable  system  operators  and direct broadcast satellite system
   21  operators. Provided, however, for the purpose  of  subparagraph  (A)  of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10440-01-3
       S. 4696                             2
    1  this  paragraph, such term shall also include a cable system operator or
    2  a direct broadcast satellite system  operator  solely  with  respect  to
    3  machinery  or  equipment  or other tangible personal property (including
    4  parts,  tools  and  supplies)  for use or consumption by it directly and
    5  predominantly in the production (including post-production) of  live  or
    6  recorded  programs  intended  for  transmission  to its viewers over its
    7  system; (ii) the term "programs" means  any  performance,  event,  play,
    8  story  or  literary,  musical,  artistic  or  other work used for enter-
    9  tainment or educational purposes, including but  not  limited  to  news,
   10  news  specials, sporting events, game shows, talk shows and commercials;
   11  and (iii) the term "recorded programs" means any  program  contained  on
   12  [film, tape, disc or] any [other physical media] MEDIUM.
   13    S 2. This act shall take effect immediately.
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