Senate bill calls for tax incentives to benefit filmmaking in Kansas

WICHITA, Kan. (KWCH) - Update 3/27: Senate Bill 52 died in the legislature as it was never brought up for a vote in the House.

With the Kansas Legislative session beginning to wind down, Kansas filmmakers are urgently calling for the passage of a bill that could benefit them on future creative projects close to home.

Senate Bill 52 would enact the Kansas Film and Digital Media Production Development Act. The Senate noted that “The act would create a sales tax exemption and nonrefundable income tax credits for qualifying film production activities to incentivize and promote the growth of film and digital media production and industry in Kansas.”

The Senate further explained the qualifications for the tax incentive with eligible projects including new films, videos or digital projects that meet the following qualifications:

• Are produced in Kansas
• Are fixed on a media format for viewing reproduction
• Are intended for multi-market commercial distribution and
• Are anticipated to incur qualified expenditures, as defined by the bill, of at least $50,000

Projects that do not qualify for the tax-incentive program include:

• News or athletic event coverage;
• Local interest programming or advertising;
• Instructional or corporate videos;
• Projects not intended for multimarket commercial distribution;
• Any portion of a project not shot, recorded, or created in Kansas; or
• Any production of obscene material or an obscene performance, as defined by Kansas law.

The Senate Committee on Commerce introduced the bill at the request of a representative of Grow Kansas Film, an organization of film-industry professionals in the Sunflower State.

Senate Bill 52 is currently in the House Committee on Taxation with recommended passage, an update on the bill on the Kansas Legislature’s website shows. However, there is only one week left in the legislative session.

Among the proponents for the bill, a representative of Grow Kansas Film pointed out that 38 states have some form of tax credit for film producers. These states include Kansas neighbors.

“As Kansans, we often forget that we have something to offer beyond an 87-year-old movie that wasn’t even shot here and that has very little to do with actual Kansans’ lived experiences,” the Grow Kansas Film representative said, referencing “The Wizard of Oz,” the movie that many people think about when talking about Kansas in the movies.

Filmmakers in Kansas have been pushing for a tax credit for the past four years. They say that if the bill passes, it will draw film companies to the state.

“Like so many of us who fell in love with this, we had to go away to apply our craft, and I would love to be able to help young people who fall in love with film to stay in Kansas and makes movies here. But it’s very difficult to do so, because unlike the 38 states who have a film tax credit, Kansas has dug in its heels and refuses to do so,” said Kristen Bush, a filmmaker and actress. “It feels like we’re perpetuating this flyover trope, and it feels like a kind of hangdog, ho hum, ‘Kansas doesn’t really deserve to have its stories on film.’”

Bush continued, explaining why this bill is so important, and also referencing “The Wizard of Oz.”

“Just last week, I was in Switzerland, and the question was, ‘where are you from?’ And the next answer after you say Kansas is, ‘oh, Dorothy.’ I’m sick and tired of a 90-year-old film that was shot on a sound stage in California be what we are known for. I think we can change that, but we need an opportunity to do that,” Bush said. “I think our stories are worthy of being told. Our sunsets are worthy of being filmed. And I think this would make that possible.”

Ken Spurgeon, a Wichita filmmaker, has worked in the industry for the past 25 years. He enjoys making films about the Old West, but often has to go out of state to do so.

“I like to tell stories. I like to tell history stories, because Kansas has a rich history and heritage, which, why would I want to tell a story about Kansas by filming in Oklahoma?” said Spurgeon. “I do a lot of Western stuff, and we have the best horsemen in the world. We have native culture. That’s all right here.”

Spurgeon is also a professor at Friends University. He says he has taught great students, but then has to tell them that they have no future as a filmmaker in Kansas.

“If we don’t pass the bill, you’re really discouraging filmmakers completely,” Spurgeon said. “We graduate so many students that we’re basically telling them to get out of Kansas.”

Shawn Rhodes, a filmmaker, explained how the tax incentives could end up benefiting Kansas.

“We can attract this business, not only from the outside but the inside, to be able to employ our own people, so they’re paying taxes here, and the money would go to the ancillary side effects... hotels, catering, construction workers,” Rhodes said. “If you want to attract business to Kansas, if you want to create more of an economic progressive environment, this is a no-brainer.”

Ryan Gates, another filmmaker, says people have an idea that Kansas looks boring compared to states like California, but he says those people just don’t know where to look.

“I’m always shocked by how much parts of Wichita look like L.A. They’re two towns that went through architectural booms at the same time,” Gates said.

Bush says she remembers the moment she was able to return to Kansas after 20 years to make films here. She wants to create a future where aspiring filmmakers are able to do that right away.

“To be able to bring that back, in the place that I love, is unparalleled, and I would love for other people to be able to do that,” Bush said.

The bill passed out of the Senate and last week, it passed out of the House committee.

Now, it needs to be scheduled for a vote on the House floor.