HOUSE BILL 22-1408
BY REPRESENTATIVE(S) Herod and Esgar, Bacon, Cutter, Duran,
Froelich, Lindsay, Lontine, McCluskie, McCormick, McLachlan,
Michaelson Jenet, Sullivan, Titone, Valdez A., Valdez D., Woodrow,
Garnett;
also SENATOR(S) Hisey and Moreno, Bridges, Jaquez Lewis, Pettersen.
C
ONCERNING MODIFICATIONS TO THE COLORADO PERFORMANCE -BASED
INCENTIVE FOR FILM PRODUCTION IN
COLORADO, AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add 24-48.5-116.5 as
follows:
24-48.5-116.5. Film incentive task force - creation - study -
report - repeal. (1) T
HE FILM INCENTIVE TASK FORCE, REFERRED TO IN THIS
SECTION AS THE
"TASK FORCE", IS HEREBY CREATED. THE TASK FORCE
CONSISTS OF THE FOLLOWING NINE MEMBERS
:
(a) T
WO MEMBERS OF THE COLORADO HOUSE OF REPRESENTATIVES ,
ONE FROM THE MINORITY PARTY AND ONE FROM THE MAJORITY PARTY ,
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. APPOINTED BY THE SPEAKER OF THE HOUSE ;
(b) T
WO MEMBERS OF THE COLORADO SENATE, ONE FROM THE
MINORITY PARTY AND ONE FROM THE MAJORITY PARTY
, APPOINTED BY THE
PRESIDENT OF THE SENATE
;
(c) O
NE REPRESENTATIVE OF THE MOTION PICTURE ASSOCIATION OF
AMERICA, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF
ECONOMIC DEVELOPMENT
;
(d) O
NE MEMBER RECOMMENDED BY CONSENSUS FROM A COALITION
OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN
REPRESENTING THE WORK FORCE WITHIN PRODUCTION
, APPOINTED BY THE
EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT
. A
STATEWIDE LABOR ORGANIZATION IS A STATE -LEVEL ORGANIZATION WITH
MULTIPLE AFFILIATES IN THE STATE OR AN ORGANIZATION THAT HAS
JURISDICTION FOR THE ENTIRE STATE
.
(e) O
NE MEMBER RECOMMENDED BY CONSENSUS FROM A COALITION
OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN
REPRESENTING THE WORK FORCE WITHIN THE INDUSTRY TALENT AND
ON
-CAMERA PERFORMERS, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
OFFICE OF ECONOMIC DEVELOPMENT
. A STATEWIDE LABOR ORGANIZATION
IS A STATE
-LEVEL ORGANIZATION WITH MULTIPLE AFFILIATES IN THE STATE
OR AN ORGANIZATION THAT HAS JURISDICTION FOR THE ENTIRE STATE
.
(f) O
NE REPRESENTATIVE FROM A BUSINESS SCHOOL IN A COLORADO
INSTITUTION OF HIGHER EDUCATION
, APPOINTED BY THE EXECUTIVE
DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT
; AND
(g) THE DIRECTOR OF THE OFFICE OF FILM, TELEVISION, AND MEDIA
CREATED IN SECTION
24-48.5-115 OR THE DIRECTOR'S DESIGNEE.
(2) M
EMBERS OF THE TASK FORCE SERVE WITHOUT COMPENSATION ;
EXCEPT THAT EACH LEGISLATIVE MEMBER OF THE TASK FORCE IS ENTITLED
TO RECEIVE PAYMENT OF PER DIEM AND REIMBURSEMENT FOR ACTUAL AND
NECESSARY EXPENSES AS AUTHORIZED IN SECTION
2-2-326.
(3) T
HE TASK FORCE SHALL CONDUCT A STUDY AND PREPARE A
REPORT WITH RECOMMENDATIONS ON HOW TO MAKE THE
PAGE 2-HOUSE BILL 22-1408 PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN COLORADO
MORE EFFECTIVE
. IN CONDUCTING THE STUDY , THE TASK FORCE SHALL
CONSULT WITH AND CONDUCT OUTREACH TO STAKEHOLDERS AND
INTERESTED PARTIES
.
(4) T
HE TASK FORCE SHALL SUBMIT ITS REPORT TO THE HOUSE OF
REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE
SENATE BUSINESS
, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR
SUCCESSOR COMMITTEES
, NO LATER THAN JANUARY 1, 2023.
(5) T
HE OFFICE OF ECONOMIC DEVELOPMENT SHALL PROVIDE OFFICE
SPACE
, EQUIPMENT, AND STAFF SERVICES AS MAY BE NECESSARY TO
IMPLEMENT THIS SECTION
.
(6) T
HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
SECTION 2. In Colorado Revised Statutes, 24-48.5-116, amend
(1) introductory portion, (1)(a), (1)(b), and (5)(a)(II); and add (1.5) and
(5)(a.5) as follows:
24-48.5-116. Film, television, and media - performance-based
incentive for film production in Colorado - Colorado office of film,
television, and media operational account cash fund - creation -
definition. (1) Subject to the provisions of this section, on or after July 1,
2012, any production company employing a workforce for any in-state
production activities made up of at least fifty percent Colorado residents
shall be allowed to
MAY claim a performance-based incentive in an amount
as follows:
(a) E
XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for
a production company that originates production activities in Colorado, an
amount equal to twenty percent of the total amount of the production
company's qualified local expenditures if the total of such expenditures
equals or exceeds one hundred thousand dollars; and
(b) (I) Except as provided in subparagraph (II) of this paragraph (b)
SUBSECTIONS (1)(b)(II) AND (1.5) OF THIS SECTION, for a production
company that does not originate production activities in Colorado, an
amount equal to twenty percent of the total amount of the production
company's qualified local expenditures if the total of such expenditures
PAGE 3-HOUSE BILL 22-1408 equals or exceeds one million dollars.
(II) E
XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for
a production company that produces a television commercial or video game
and that does not originate production activities in Colorado, any production
company employing a workforce for any in-state production activities made
up of at least fifty percent Colorado residents shall be
allowed to MAY claim
a performance-based incentive in an amount equal to twenty percent of the
total amount of the production company's qualified local expenditures if the
total of such expenditures equals or exceeds two hundred fifty thousand
dollars.
(1.5) T
HE EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC
DEVELOPMENT MAY
, IN THE EXECUTIVE DIRECTOR'S DISCRETION, AUTHORIZE
THE APPROVAL OR ISSUANCE OF AN INCENTIVE IN AN AMOUNT THAT EXCEEDS
TWENTY PERCENT OF LOCAL EXPENDITURES FOR A PRODUCTION COMPANY
THAT QUALIFIES FOR AN INCENTIVE UNDER SUBSECTION
(1) OF THIS SECTION.
(5) (a) There is hereby created in the state treasury the Colorado
office of film, television, and media operational account cash fund, referred
to in this section as the "fund". The fund consists of:
(II) Money transferred to the fund, including three million dollars
that shall be transferred on July 1, 2012, and five million dollars that shall
be transferred on July 1, 2021, from the general fund, and up to one million
dollars transferred pursuant to section 24-32-129 (3)(b)(II) to the Colorado
office of film, television, and media operational account cash fund,
AND
MONEY TRANSFERRED PURSUANT TO SUBSECTION
(5)(a.5) OF THIS SECTION;
and
(a.5) O
N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER TWO
MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
.
SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
$2,000,000 is appropriated to the office of the governor. This appropriation
is from the Colorado office of film, television, and media operational
account cash fund created in section 24-48.5-116 (5)(a), C.R.S. To
implement this act, the office of economic development and international
trade may use this appropriation for Colorado office of film, television, and
media.
PAGE 4-HOUSE BILL 22-1408 (2) For the 2022-23 state fiscal year, $2,131 is appropriated to the
legislative department for use by the general assembly. This appropriation
is from the general fund. To implement this act, the department may use this
appropriation for legislator per diem and expense reimbursements.
SECTION 4. Safety clause. The general assembly hereby finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 5-HOUSE BILL 22-1408