Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-1026.04 Megan Waples x4348
HOUSE BILL 22-1408
House Committees Senate Committees
Business Affairs & Labor Appropriations
Appropriations
A BILL FOR AN ACT
C
ONCERNING MODIFICATIONS TO THE COLORADO101
PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN102
COLORADO, AND, IN CONNECTION THEREWITH, MAKING AN103
APPROPRIATION.104
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
SENATE
3rd Reading Unamended
May 5, 2022
SENATE
2nd Reading Unamended
May 4, 2022
HOUSE
3rd Reading Unamended
May 2, 2022
HOUSE
Amended 2nd Reading
April 29, 2022
HOUSE SPONSORSHIP
Herod and Esgar, Bacon, Cutter, Duran, Froelich, Garnett, Lindsay, Lontine, McCluskie,
McCormick, McLachlan, Michaelson Jenet, Sullivan, Titone, Valdez A., Valdez D.,
Woodrow
SENATE SPONSORSHIP
Hisey and Moreno, Bridges, Jaquez Lewis, Pettersen
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. representatives business affairs and labor committee and the senate
business, labor, and technology committee by January 1, 2023.
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
NINE 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
ASSOCIATION14
OF AMERICA, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF15
ECONOMIC DEVELOPMENT ;16
(d) ONE MEMBER RECOMMENDED BY CONSENSUS FROM A17
COALITION OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN18
REPRESENTING THE WORK FORCE WITHIN PRODUCTION, APPOINTED BY THE19
EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT . A20
1408-2- STATEWIDE LABOR ORGANIZATION IS A STATE-LEVEL ORGANIZATION WITH1
MULTIPLE AFFILIATES IN THE STATE OR AN ORGANIZATION THAT HAS2
JURISDICTION FOR THE ENTIRE STATE.3
(e) ONE MEMBER RECOMMENDED BY CONSENSUS FROM A4
COALITION OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN5
REPRESENTING THE WORK FORCE WITHIN THE INDUSTRY TALENT AND6
ON-CAMERA PERFORMERS, APPOINTED BY THE EXECUTIVE DIRECTOR OF7
THE OFFICE OF ECONOMIC DEVELOPMENT. A STATEWIDE LABOR8
ORGANIZATION IS A STATE-LEVEL ORGANIZATION WITH MULTIPLE9
AFFILIATES IN THE STATE OR AN ORGANIZATION THAT HAS JURISDICTION10
FOR THE ENTIRE STATE.11
(f) ONE REPRESENTATIVE FROM A BUSINESS SCHOOL IN A12
COLORADO INSTITUTION OF HIGHER EDUCATION , APPOINTED BY THE13
EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT ; AND14
(g) THE DIRECTOR OF THE OFFICE OF FILM, TELEVISION, AND MEDIA15
CREATED IN SECTION 24-48.5-115 OR THE DIRECTOR'S DESIGNEE.16
(2) M
EMBERS OF THE TASK FORCE SERVE WITHOUT17
COMPENSATION; EXCEPT THAT EACH LEGISLATIVE MEMBER OF THE TASK18
FORCE IS ENTITLED TO RECEIVE PAYMENT OF PER DIEM AND19
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED20
IN SECTION 2-2-326.21
(3) T
HE TASK FORCE SHALL CONDUCT A STUDY AND PREPARE A22
REPORT WITH RECOMMENDATIONS ON HOW TO MAKE THE23
PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN COLORADO24
MORE EFFECTIVE. IN CONDUCTING THE STUDY , THE TASK FORCE
SHALL25
CONSULT WITH AND CONDUCT OUTREACH TO STAKEHOLDERS AND26
INTERESTED PARTIES.27
1408
-3- (4) THE TASK FORCE SHALL SUBMIT ITS REPORT TO THE HOUSE OF1
REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE2
SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR3
SUCCESSOR COMMITTEES, NO LATER THAN JANUARY 1, 2023.4
(5) T
HE OFFICE OF ECONOMIC DEVELOPMENT SHALL PROVIDE5
OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS MAY BE NECESSARY6
TO IMPLEMENT THIS SECTION.7
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.8
SECTION 2. In Colorado Revised Statutes, 24-48.5-116, amend9
(1) introductory portion, (1)(a), (1)(b), and (5)(a)(II); and add (1.5) and10
(5)(a.5) as follows:11
24-48.5-116. Film, television, and media - performance-based12
incentive for film production in Colorado - Colorado office of film,13
television, and media operational account cash fund - creation -14
definition. (1) Subject to the provisions of this section, on or after July15
1, 2012, any production company employing a workforce for any in-state16
production activities made up of at least fifty percent Colorado residents17
shall be allowed to
MAY claim a performance-based incentive in an18
amount as follows:19
(a) E
XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for20
a production company that originates production activities in Colorado,21
an amount equal to twenty percent of the total amount of the production22
company's qualified local expenditures if the total of such expenditures23
equals or exceeds one hundred thousand dollars; and24
(b) (I) Except as provided in subparagraph (II) of this paragraph
25
(b) SUBSECTIONS (1)(b)(II) AND (1.5) OF THIS SECTION, for a production26
company that does not originate production activities in Colorado, an27
1408
-4- amount equal to twenty percent of the total amount of the production1
company's qualified local expenditures if the total of such expenditures2
equals or exceeds one million dollars.3
(II) E
XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION,4
for a production company that produces a television commercial or video5
game and that does not originate production activities in Colorado, any6
production company employing a workforce for any in-state production7
activities made up of at least fifty percent Colorado residents shall be
8
allowed to MAY claim a performance-based incentive in an amount equal9
to twenty percent of the total amount of the production company's10
qualified local expenditures if the total of such expenditures equals or11
exceeds two hundred fifty thousand dollars.12
(1.5) T
HE EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC13
DEVELOPMENT MAY , IN THE EXECUTIVE DIRECTOR 'S DISCRETION,14
AUTHORIZE THE APPROVAL OR ISSUANCE OF AN INCENTIVE IN AN AMOUNT15
THAT EXCEEDS TWENTY PERCENT OF LOCAL EXPENDITURES FOR A16
PRODUCTION COMPANY THAT QUALIFIES FOR AN INCENTIVE UNDER17
SUBSECTION (1) OF THIS SECTION.18
(5) (a) There is hereby created in the state treasury the Colorado19
office of film, television, and media operational account cash fund,20
referred to in this section as the "fund". The fund consists of:21
(II) Money transferred to the fund, including three million dollars
22
that shall be transferred on July 1, 2012, and five million dollars that shall23
be transferred on July 1, 2021, from the general fund, and up to one24
million dollars transferred pursuant to section 24-32-129 (3)(b)(II) to the25
Colorado office of film, television, and media operational account cash26
fund,
AND MONEY TRANSFERRED PURSUANT TO SUBSECTION (5)(a.5) OF27
1408
-5- THIS SECTION; and1
(a.5) O
N
JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER2
TWO MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .3
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal4
year, $2,000,000 is appropriated to the office of the governor. This5
appropriation is from the Colorado office of film, television, and media6
operational account cash fund created in section 24-48.5-116 (5)(a),7
C.R.S. To implement this act, the office of economic development and 8
international trade may use this appropriation for Colorado office of film,9
television, and media.10
(2) For the 2022-23 state fiscal year, $2,131 is appropriated to the11
legislative department for use by the general assembly. This appropriation12
is from the general fund. To implement this act, the department may use13
this appropriation for legislator per diem and expense reimbursements.14
SECTION 4. 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
1408
-6-