Louisiana Senate Concurs on House Amendments to SB 277

The Louisiana Senate has concurred on the amendments to Senate Bill 277 from the House of Representatives. The formal legislative process is complete.  SB 277 now goes to the Louisiana Governor for his signature. Please send messages and make phone calls to the Louisiana Governor's office urging the Governor to sign SB 277.

Assuming that Governor Jindal signs SB 277, the new digital media program is a game changing event in the history of the Louisiana economy. I suggest to you that the impact of this event on the Louisiana economy over the next ten years will rival the impact of sugar and cotton agriculture in the early 1800's and the discovery of oil in Louisiana in the early 1900's.

Louisiana is about to enter the digital media revolution in a dramatic way.

Erich P Rapp.

Senate Bill 277 on Digital Interactive Media Tax Credits Passes House

The Louisiana House of Representatives passed Senate Bill 277 re digital interactive media tax credits today. The bill must now return to the Senate for a concurrence vote on the House amendments. If the Senate concurs on the House amendments, the bill will be sent to the Governor for his signature.  Thankfully, Senate Bill 277 received a favorable vote in the morning.

The successful passage of SB 277 will allow a wide array of software and web platform development projects to earn 25-35% marketable/transferable tax credits on the cost of production of such software and web platforms. This program will likely result in a material increase in the value of software and web platform development in Louisiana. SB 277 is authored by Senator Ann Duplessis and supported by the Louisiana Internet Software and Technology Association (LISTA), Greater New Orleans, Inc. (GNO, Inc.) and Baton Rouge Area Chamber of Commerce (BRAC).

In the mid-afternoon after SB 277 had successfully passed the House, a small group of House members unhappy with the governor's proposed budget cuts began an effort to slow consideration of other bills on the agenda. This effort successfully prevented about 20 bills scheduled for debate from being considered and many more bills on the agenda subject to call from being considered. 

At 6 PM today, the legislature reached a Constitutionally mandated deadline for considering bills that have not yet been voted on favorably by both houses. Thus, the bills remaining on the docket at 6 PM will die unless both houses simultaneously vote to allow consideration of any given bill. Some effort to get a two-third vote on some of the remaining bills will be taken tomorrow morning. It remains unknown how successful this effort will be.

One victim of this work slowdown and the hard 6 PM deadline was an amendment to the digital interactive media bill allowing the program users to choose between tax credits and a discounted tax rebate in cash. The successful passage of this bill contemplated for SB 199 would have been to put a minimum value on the tax credits in the market. LISTA, GNO, Inc. and BRAC all supported this amendment which was contemplated to be amended into SB 199. SB 277 in the form passed by the House and the Senate only provides for the issuance of marketable/transferable tax credits. It is also unknown if this bill will ultimately be considered in this session by suspension of the rules by two-thirds vote. The effectiveness of the effort to suspend the rules and allow further bills to be considered will likely be known by  the middle of the day on Tuesday.

A further report will follow tomorrow.

Erich P Rapp.

Senate Bill 277 is Scheduled for Vote in Lousiana House or Representatives on June 22

The Louisiana House of Representatives has scheduled Senate Bill 277 for a vote in the House of Representatives on Monday June 22, 2009. Senate Bill 277 is, of course, the renewal and extension of the digital interactive media business/tax incentive program. Between now and then, please call your Representatives and voice  your support for SB 277.

Senate Bill 277 is authored by Senator Ann Duplessis of New Orleans and now being managed in the House of Representatives by Representative Cameron Henry. The bill is supported by the Louisiana Internet Software & Technology Association (LISTA), Greater New Orleans, Inc. (GNO, Inc which is the business development arm of metropolitan New Orleans), BRAC (Baton Rouge Area Chamber of Commerce), and the Jindal administration. The bill will provide marketable/transferable tax credits and cash rebates to businesses spending funds in Louisiana to create a broad array of software and web platform design and development projects.

By encouraging the operation of these types of  businesses, Louisiana will likely draw many new high paying jobs into the state on a long term basis. LISTA is very optimistic that this legislation will have a transformative impact on the Louisiana economy if adopted.

Between now and Monday June 22, 2009, please call your Representatives and voice your support for SB 277 and then Louisiana can join the digital media revolution.

Erich P. Rapp.

Louisiana Governor Declares Support for Senate Bill 277

The Louisiana Governor's office declared its support today for Senate Bill 277 concerning digital interactive media business incentives in Louisiana. After several weeks of negotiations and discussions with the leadership at the Louisiana Department of Economic Development about the exact language to be contained in Senate Bill 277, Senator Duplessis, LISTA, the Department of Economic Development and the Governor's office have reached an agreement on the terms of Senate Bill 277.

The Ways and Means Committee of the Louisiana House of Representatives will hold a hearing on Senate Bill 277 on Monday June 15, 2009 at 9 AM. If you are involved in this business and interested in supporting Senate Bill 277, please come to the committee hearing to show the committee members the business community support for the bill. If we as a digital interactive media industry in Louisiana fail to show our interest, we may find the committee members find it hard to care about our bill. Let's show our support.

The most exciting part of the bill is the definition of "digital interactive media." Under the new program, the digital interactive media incentives would be available for the development of many different types of software and web platform development as well as the development of video games and interactive animation. Under the existing law, the incentives have largely been limited to video game development. We are very excited about the potential for new businesses in the broader community of digital interactive media moving into Louisiana. In the years ahead, we anticipate new developer/programmer and new design jobs coming to Louisiana in material numbers.

The next most exciting thing about Senate Bill 277 is the proposed incentive parity with the film and television production incentives program. Under the existing digital interactive media program, the benefit was 20% transferable tax credits on in-state expenditures and the percentage declined over time. The new program would allow 25% transferable tax credits on all in-state expenditures and a 10% bonus for expenditures on labor residing in Louisiana for 35% transferable tax credits on expenditures on labor residing in Louisiana without any declining  benefit over time. As a practical matter, this combination of benefits effectively reduces the cost of developing many types of software and web platforms in Louisiana by over 30%.

It will take time to educate the digital interactive media industry about the benefits of this new program, but the program will eventually be a significant draw for new software and web platform development business in Louisiana.

Once this legislation becomes law, we must begin thinking about qualified workforce development by education and by transfer of qualified labor into Louisiana and we must work to change the perceptions about the workforce potential in Louisiana. Louisiana, however, can overcome these problems and build a digital interactive future.

I offer a prediction. With the proposed digital interactive media program enacted, Louisiana will be transformed from a digital interactive media backwater to a top five state player within ten years. Louisiana will be a leader in software and web platform development.

Erich P Rapp.

Louisiana Senate Passes Senate Bill 277 on Digital Interactive Media

The Louisiana Senate passed Senate Bill 277 on Thursday June 4, 2009. The bill will now be considered by the Ways and Means Committee of the Louisiana House of Representatives. The hearing has not yet been scheduled. An update will be provided on this blog when the meeting is scheduled.

We need everyone to send emails and make phone calls to their Representatives in the House expressing their support for Senate Bill 277 authored by Senator Duplessis and also expressing their opposition to Senate Bill 199 authored by Neil Riser.

SB 277 concerns tax credit incentives for businesses operating in the digital interactive media arena. The bill would provide tax credits for many types of software and web platform development. The objective of the bill is to increase the amount of such business being done in Louisiana and to increase the number of  software and web development and design jobs in the state.

The bill is a renewal of a program that has been in place for the past four years, but has been little used because it was previously limited to video games. The renewal of the program would include a modernization of the definition of digital interactive media and would place the level of tax credits granted on parity with the existing film tax credit program.

Senator Riser's Senate Bill 199 would not change the definition of digital interactive media to include software and web platform development and design generally. It would instead limit the coverage to video game development. LISTA is opposed to Senate Bill 199 by Senator Riser.

We need you to express your support for SB 277 and your opposition to SB 199 to all of your Representatives in the Louisiana House of Representatives. Every call and every email is important. A message to a Representative from a constituent voter will have a big influence on the legislator. The message can be limited to a sentence or two expressing your wishes. You can get the email address and phone number of  your representative at  http://www.legis.state.la.us/

For more information, the Saturday June 6, 2009 edition of the New Orleans Times Picayune includes an article describing SB 277 and its progress through the legislative process. The article was written by Times Picayune Capital Bureau Chief, Robert Travis Scott, and is entitled, Growth is sought in digital media

Erich P Rapp.

Louisiana Senate Committee sets time of hearing on Digital Interactive Media Tax Incentives Bill

The Senate Revenue and Fiscal Affairs Committee of the Louisiana legislature has scheduled the hearing on Senate Bill 277 regarding tax and business incentives for digital interactive media for 10 AM on Monday May 18, 2009 at the Louisiana State Capitol in Baton Rouge.

All those who own, work for, or are interested in digital interactive media businesses and the future of those businesses should plan to attend and speak in support of Louisiana Senate Bill 277. This bill would provide for transferable tax credits for businesses undertaking Louisiana based production of products and platforms in the digital interactive media arena.

The businesses undertaking those productions would receive a transferable tax credit equal to 25% of the production cost expended in Louisiana plus a 10% bonus or a total of 35% of the production cost for labor incurred in Louisiana. These tax credits can then be sold in the secondary market for cash (currently $0.80 to $0.90+ on the $1.00 of credit in realized cash) which substantially reduces the cost of building digital interactive media productions in Louisiana. 

For those involved in this industry, I cannot overstate how important this hearing is.

Erich P Rapp

Popular Mechanics Magazine, Digital Interactive Media and the Trouble with Cable Television

When I was a young boy, I enjoyed reading the articles in Popular Mechanics Magazine. The articles usually involved an electronics kit or some similar  "do it yourself" project. Whatever they were suggesting in the magazine was always a few years ahead of a product in the consumer market. That meant no one else had it, and that was a good thing to me. I was a geek and so were my friends.

Today at 46 years old, I am something of a magazine addict. I know that is a very "low tech" thing, but I still like turning printed pages in a magazine. Best of all today, the marketplace for magazines is so weak that a subscription to the typical magazine is less than $10 for a year of issues delivered to the house. It's a bargain by any standard. This interest and economic condition led me to a subscription to my boyhood magazine, Popular Mechanics. 

Popular Mechanics has changed significantly since I was a young, but one thing is the same, the magazine is still trying to present imaginative ways for the reader to get ahead of the consumer product market with some wit and elbow grease. You can still find a current version of those "how to..." articles of my youth in the magazine. You can get tips on soldering a circuit board or cooling a computer processor. If you follow their instructions and use some imagination, you can have something cool (by teenage geek standards) that no one else you know will have.

I have been writing regularly here and elsewhere about the challenges that cable television companies are facing from video streamed over broadband internet and the adaption of your television to receive that streaming video. I have concluded that cable television companies are facing a serious challenge to their existence from video streamed over broadband internet.

An article entitled, Ditch Cable, Save Cash in the May 2009 Popular Mechanics magazine confirmed everything I had been thinking. Popular Mechanics was suggesting that their reader, the electronics hobbyist, could save, on average, over $700 per year by canceling their subscription to the local cable television service and replacing it with a combination of an old fashion television antenna and video streamed through broadband internet access.

Of course, this approach is not yet as user friendly as a remote control on a digital cable box, but nothing presented in Popular Mechanics ever was. If, however, the past is any indicator of the future, the subject of this article will be the basis of many consumer products in the years head. In fact, the idea will be widely available in the large stores selling televisions by Christmas 2009 in the form of HDTV's that will stream video over broadband internet using a "widget engine" as an internet channel controller.  

Cable television companies are riding a gravy train of profit today. Video streamed over the internet has done almost nothing yet to damage them, but their business model is in serious trouble in the years ahead. They know it.

Can Louisiana play an important economic role in this evolution. If the Louisiana legislature and the Governor enact Senate Bill 277. this spring, Louisiana will see a river of new digital interactive media business flow into this state including potentially the replacement of the current business model for cable television, and Louisiana will become a leader in this digital interactive media industry. Senate Bill 277 is a business incentives program for bringing digital interactive businesses to Louisiana.

Erich P Rapp.

Digital Interactive Media Response to Old Media Cost Cutting

Traditional media outlets are dramatically reducing the local based services that they offer to communities. For example, the Baton Rouge Business Report's Daily Report stated on April 28, 2009 that several local radio station DJ's would be laid off as part of Clear Channel's 590 person reduction in its national work force. On the same day, the Daily Report also stated that  WVLA-TV NBC 33 and WGMB-TV Fox 44 would cease broadcasting local news from a Baton Rouge location effective immediately. These actions are service and job losses to the local community, and we must assume based upon events around the country that more such service and job reductions are coming.

Perhaps, however, this reduction in local service presents an opportunity for a new way of distributing media content. Is there a local digital interactive media response to the scaling back of traditional media in the form of television and radio stations. Can the "media" part of web based digital interactive media go beyond blogging and .mp3 file downloads to offer a new and better product to replace the receding traditional media outlets.

If Louisiana is to replace the local media jobs and services that it is losing, it will need to find a way to attract new digital interactive media talent. Louisiana Senate bill 277 is one way to get new talent capable of developing digital interactive media software products and web platforms into Louisiana. By passing Louisiana Senate Bill 277 which provide for tax credits and business incentives for digital interactive media companies doing business in Louisiana, the state will place itself in a position to not only replace the media jobs it is currently losing, but the state will also be in a position to attract many new high paying computer programing ( design and development) jobs to Louisiana.

If a larger community of web platform developers and designers are attracted to Louisiana, a new generation of web based interactive newspapers, radio stations and television stations would likely arise in Louisiana. Louisiana would be a leader of this new generation of interactive media, and these services can then be exported to other communities across the country.

Louisiana should not let the dramatic changes occurring with the business models for traditional media companies leave Louisiana with a smaller and more economically disadvantaged economy. Instead, Louisiana can grow a new and better positioned digital interactive media economy for the future.

Erich P. Rapp

LISTA's Digital Interactive Media Business & Tax Incentives Bill Filed

Senator Ann Duplessis of New Orleans has filed Louisiana Senate Bill 277 providing for a digital interactive media tax credit.  This bill has been co-authored by Senators Kostelka (Monroe), Marionneaux (Livonia/Baton Rouge region), Michot (Lafayette), Quinn (Metairie) and Walsworth (West Monroe). It has also been co-authored by Representatives Abramson (New Orleans), Arnold (New Orleans), Cortez (Lafayette), Downs (Ruston), Leger (New Orleans), Ligi (Metairie) and Robideaux (Lafayette).

You can read and print a copy of Senate Bill 277 from the Louisiana legislature web site or click on this link provided.

We are confidant that we have built a group of Senators and Representatives from all regions of the state. We also anticipate adding additional co-authors at the time the bill comes before a legislative committee for hearing.

Futher still, Greater New Orleans, Inc. ("GNO, Inc.") has also endorsed Senate Bill 277.

The passage of this bill in its current form would be a giant step forward for the Louisiana economy. The future of the United States economy is information and media driven. The jobs that would be brought to Louisiana after the passage of this bill would be almost uniformly high paying and bring new outside money into our economy. We urge everyone to contact their Representatives and Senators and ask them to support Senate Bill 277 in its current form.

Erich P Rapp 

Renewal of Louisiana Digital Interactive Media Incentives Program

The first order of business for the Louisiana Internet Software & Technology Association ("LISTA") is the passage of legislation renewing the Louisiana Digital Interactive Media Business Incentives Program. The current law expires at the end of 2009.

LISTA has worked with a Louisiana legislators to submit to the legislature a new bill on digital interactive media business incentives. The bill has several goals. Those goals include removing the sunset or expiration provision in the tax incentives program; updating the definition of "digital interactive media" to reflect the current status of the industry; and giving the tax credit program parity with the film tax credit program.

LISTA believes that the adoption of this bill will make business conditions in Louisiana very favorable for the development of new businesses in the digital interactive media arena. A copy of the tax of the bill and more detailed information about the bill will follow on this blog shortly.

Erich P Rapp.