Full Text of HB5180 93rd General Assembly
HB5180ham002 93RD GENERAL ASSEMBLY
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Rep. Kenneth Dunkin
Filed: 03/02/04
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LRB093 20669 BDD 48372 a |
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| AMENDMENT TO HOUSE BILL 5180
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| AMENDMENT NO. ______. Amend House Bill 5180, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Film Production Services Tax Credit Act is | 6 |
| amended by changing Sections 10 and 90 as follows:
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| (35 ILCS 15/10)
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| (Section scheduled to be repealed on January 1, 2005)
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| Sec. 10. Definitions. As used in this Act:
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| "Accredited production" means a film, video, or television | 11 |
| production that
has been certified by the Department in which | 12 |
| the aggregate Illinois labor
expenditures
included in the cost | 13 |
| of the production, in the period that ends 12 months after
the | 14 |
| time principal filming or taping of the production began, | 15 |
| exceed $100,000
for productions of 30 minutes or longer, or | 16 |
| $50,000 for productions of less
than 30
minutes; but does not | 17 |
| include a production that:
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| (1) is news, current events, or public programming, or | 19 |
| a program that
includes weather or market reports;
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| (2) is a talk show;
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| (3) is a production in respect of a game, | 22 |
| questionnaire, or contest;
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| (4) is a sports event or activity;
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| (5) is a gala presentation or awards show;
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| (6) is a finished production that solicits funds;
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| (7) is a production produced by a film production | 3 |
| company if records, as
required
by 18
U.S.C. 2257, are to | 4 |
| be maintained by that film production company with respect
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| to any
performer portrayed in that single media or | 6 |
| multimedia program; or
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| (8) is a production produced primarily for industrial, | 8 |
| corporate, or
institutional purposes.
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| "Accredited production certificate" means a certificate | 10 |
| issued by the
Department certifying that the production is an | 11 |
| accredited production that
meets the guidelines of this Act.
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| "Applicant" means a taxpayer that is a film production | 13 |
| company that is
operating or has operated an accredited | 14 |
| production located within the State of
Illinois and that
(i) | 15 |
| owns the copyright in the accredited production throughout the
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| Illinois production period or (ii)
has contracted directly with | 17 |
| the owner of the copyright in the
accredited production
or a | 18 |
| person acting on behalf of the owner
to provide services for | 19 |
| the production, where the owner
of the copyright is not an | 20 |
| eligible production corporation.
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| "Credit" means the amount equal to 25% of the Illinois | 22 |
| labor
expenditure approved by the Department.
The applicant is | 23 |
| deemed to have paid, on its balance due day for the year, an
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| amount equal to 25% of its qualified Illinois labor expenditure | 25 |
| for the tax
year.
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| "Department" means the Department of Commerce and Economic | 27 |
| Opportunity
Community Affairs .
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| "Director" means the Director of Commerce and Economic | 29 |
| Opportunity
Community Affairs .
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| "Illinois labor expenditure" means
salary or wages paid to | 31 |
| employees of the
applicant for services on the accredited
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| production;
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| To qualify as an Illinois labor expenditure, the | 34 |
| expenditure must be:
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| (1) Reasonable in the circumstances.
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| (2) Included in the federal income tax basis of the | 3 |
| property.
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| (3) Incurred by the applicant for services on or after | 5 |
| January 1, 2004.
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| (4) Incurred for the production stages of the | 7 |
| accredited production, from
the final
script stage to the | 8 |
| end of the post-production stage.
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| (5) Limited to the first $25,000 of wages paid or | 10 |
| incurred to each
employee of
the production.
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| (6) Exclusive of the salary or wages paid to or | 12 |
| incurred , for tax year 2004, for the 2 highest
paid
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| employees of the production or, for tax year 2005 and | 14 |
| thereafter, for the 2 highest paid employees on productions | 15 |
| that are 30 minutes or longer .
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| (7) Directly attributable to the accredited | 17 |
| production.
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| (8) Paid in the tax year
for which the applicant is | 19 |
| claiming the credit
or no later than 60 days after the end | 20 |
| of the tax
year.
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| (9) Paid to persons resident in Illinois at the time | 22 |
| the payments were
made.
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| (10) Paid for services rendered in Illinois.
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| (Source: P.A. 93-543, eff. 1-1-04; revised 12-6-03.)
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| (35 ILCS 15/90)
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| (Section scheduled to be repealed on January 1, 2005)
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| Sec. 90. Repeal. This Act is repealed 5 years
1 year after | 28 |
| its effective date.
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| (Source: P.A. 93-543, eff. 1-1-04.)
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| Section 99. Effective date. This Act takes effect upon | 31 |
| becoming law.".
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