Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-1026.04 Megan Waples x4348
HOUSE BILL 22-1408
House Committees Senate Committees
Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO THE COLORADO101
PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN102
C
OLORADO.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill creates a film incentive task force to study how to make
the performance-based incentive for film production in Colorado more
effective. The task force is required to submit its findings to the house of
representatives business affairs and labor committee and the senate
business, labor, and technology committee by January 1, 2023.
HOUSE SPONSORSHIP
Herod,
SENATE SPONSORSHIP
(None),
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. The executive director of the office of economic development is
authorized, in the executive director's discretion, to authorize the approval
or issuance of an incentive in an amount that exceeds the current statutory
limit of 20% of qualifying local expenditures for a production company
that qualifies for an incentive.
The bill makes a $2 million transfer from the general fund to the
Colorado office of film, television, and media operational account cash
fund for fiscal year 2022-23.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 24-48.5-116.52
as follows:3
24-48.5-116.5. Film incentive task force - creation - study -4
report - repeal. (1) T
HE FILM INCENTIVE TASK FORCE, REFERRED TO IN5
THIS SECTION AS THE "TASK FORCE", IS HEREBY CREATED. THE TASK6
FORCE CONSISTS OF THE FOLLOWING SEVEN MEMBERS :7
(a) T
WO MEMBERS OF THE COLORADO HOUSE OF8
REPRESENTATIVES, ONE FROM THE MINORITY PARTY AND ONE FROM THE9
MAJORITY PARTY, APPOINTED BY THE SPEAKER OF THE HOUSE ;10
(b) T
WO MEMBERS OF THE COLORADO SENATE, ONE FROM THE11
MINORITY PARTY AND ONE FROM THE MAJORITY PARTY , APPOINTED BY12
THE PRESIDENT OF THE SENATE;13
(c) O
NE REPRESENTATIVE OF THE MOTION PICTURE ASSOCIATION ,14
APPOINTED BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC15
DEVELOPMENT;16
(d) O
NE REPRESENTATIVE OF THE FILM AND TELEVISION17
PRODUCTION LABOR SECTOR, APPOINTED BY THE EXECUTIVE DIRECTOR OF18
THE OFFICE OF ECONOMIC DEVELOPMENT ; AND19
(e) T
HE DIRECTOR OF THE OFFICE OF FILM, TELEVISION, AND MEDIA20
CREATED IN SECTION 24-48.5-115 OR THE DIRECTOR'S DESIGNEE.21
HB22-1408-2- (2) MEMBERS OF THE TASK FORCE SERVE WITHOUT1
COMPENSATION; EXCEPT THAT EACH LEGISLATIVE MEMBER OF THE TASK2
FORCE IS ENTITLED TO RECEIVE PAYMENT OF PER DIEM AND3
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED4
IN SECTION 2-2-326.5
(3) T
HE TASK FORCE SHALL CONDUCT A STUDY AND PREPARE A6
REPORT WITH RECOMMENDATIONS ON HOW TO MAKE THE7
PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN COLORADO8
MORE EFFECTIVE. IN CONDUCTING THE STUDY , THE TASK FORCE MAY9
CONSULT WITH AND CONDUCT OUTREACH TO STAKEHOLDERS AND10
INTERESTED PARTIES.11
(4) T
HE TASK FORCE SHALL SUBMIT ITS REPORT TO THE HOUSE OF12
REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE13
SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR14
SUCCESSOR COMMITTEES, NO LATER THAN JANUARY 1, 2023.15
(5) T
HE OFFICE OF ECONOMIC DEVELOPMENT SHALL PROVIDE16
OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS MAY BE NECESSARY17
TO IMPLEMENT THIS SECTION.18
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.19
SECTION 2. In Colorado Revised Statutes, 24-48.5-116, amend20
(1) introductory portion, (1)(a), (1)(b), and (5)(a)(II); and add (1.5) and21
(5)(a.5) as follows:22
24-48.5-116. Film, television, and media - performance-based23
incentive for film production in Colorado - Colorado office of film,24
television, and media operational account cash fund - creation -25
definition. (1) Subject to the provisions of this section, on or after July26
1, 2012, any production company employing a workforce for any in-state27
HB22-1408
-3- production activities made up of at least fifty percent Colorado residents1
shall be allowed to MAY claim a performance-based incentive in an2
amount as follows:3
(a) E
XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for4
a production company that originates production activities in Colorado,5
an amount equal to twenty percent of the total amount of the production6
company's qualified local expenditures if the total of such expenditures7
equals or exceeds one hundred thousand dollars; and8
(b) (I) Except as provided in subparagraph (II) of this paragraph
9
(b) SUBSECTIONS (1)(b)(II) AND (1.5) OF THIS SECTION, for a production10
company that does not originate production activities in Colorado, an11
amount equal to twenty percent of the total amount of the production12
company's qualified local expenditures if the total of such expenditures13
equals or exceeds one million dollars.14
(II) E
XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION,15
for a production company that produces a television commercial or video16
game and that does not originate production activities in Colorado, any17
production company employing a workforce for any in-state production18
activities made up of at least fifty percent Colorado residents shall be
19
allowed to MAY claim a performance-based incentive in an amount equal20
to twenty percent of the total amount of the production company's21
qualified local expenditures if the total of such expenditures equals or22
exceeds two hundred fifty thousand dollars.23
(1.5) T
HE EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC24
DEVELOPMENT MAY , IN THE EXECUTIVE DIRECTOR 'S DISCRETION,25
AUTHORIZE THE APPROVAL OR ISSUANCE OF AN INCENTIVE IN AN AMOUNT26
THAT EXCEEDS TWENTY PERCENT OF LOCAL EXPENDITURES FOR A27
HB22-1408
-4- PRODUCTION COMPANY THAT QUALIFIES FOR AN INCENTIVE UNDER1
SUBSECTION (1) OF THIS SECTION.2
(5) (a) There is hereby created in the state treasury the Colorado3
office of film, television, and media operational account cash fund,4
referred to in this section as the "fund". The fund consists of:5
(II) Money transferred to the fund, including three million dollars6
that shall be transferred on July 1, 2012, and five million dollars that shall7
be transferred on July 1, 2021, from the general fund, and up to one8
million dollars transferred pursuant to section 24-32-129 (3)(b)(II) to the9
Colorado office of film, television, and media operational account cash10
fund,
AND MONEY TRANSFERRED PURSUANT TO SUBSECTION (5)(a.5) OF11
THIS SECTION; and12
(a.5) O
N JULY 1, 2023, THE STATE TREASURER SHALL TRANSFER13
TWO MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .14
SECTION 3. Safety clause. The general assembly hereby finds,15
determines, and declares that this act is necessary for the immediate16
preservation of the public peace, health, or safety.17
HB22-1408
-5-