Colorado 2022 Regular Session

Colorado House Bill HB1408 Compare Versions

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1+Second Regular Session
2+Seventy-third General Assembly
3+STATE OF COLORADO
4+REREVISED
5+This Version Includes All Amendments
6+Adopted in the Second House
7+LLS NO. 22-1026.04 Megan Waples x4348
18 HOUSE BILL 22-1408
2-BY REPRESENTATIVE(S) Herod and Esgar, Bacon, Cutter, Duran,
3-Froelich, Lindsay, Lontine, McCluskie, McCormick, McLachlan,
4-Michaelson Jenet, Sullivan, Titone, Valdez A., Valdez D., Woodrow,
5-Garnett;
6-also SENATOR(S) Hisey and Moreno, Bridges, Jaquez Lewis, Pettersen.
9+House Committees Senate Committees
10+Business Affairs & Labor Appropriations
11+Appropriations
12+A BILL FOR AN ACT
713 C
8-ONCERNING MODIFICATIONS TO THE COLORADO PERFORMANCE -BASED
9-INCENTIVE FOR FILM PRODUCTION IN
10-COLORADO, AND, IN
11-CONNECTION THEREWITH
12-, MAKING AN APPROPRIATION.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add 24-48.5-116.5 as
15-follows:
16-24-48.5-116.5. Film incentive task force - creation - study -
14+ONCERNING MODIFICATIONS TO THE COLORADO101
15+PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN102
16+COLORADO, AND, IN CONNECTION THEREWITH, MAKING AN103
17+APPROPRIATION.104
18+Bill Summary
19+(Note: This summary applies to this bill as introduced and does
20+not reflect any amendments that may be subsequently adopted. If this bill
21+passes third reading in the house of introduction, a bill summary that
22+applies to the reengrossed version of this bill will be available at
23+http://leg.colorado.gov
24+.)
25+The bill creates a film incentive task force to study how to make
26+the performance-based incentive for film production in Colorado more
27+effective. The task force is required to submit its findings to the house of
28+SENATE
29+3rd Reading Unamended
30+May 5, 2022
31+SENATE
32+2nd Reading Unamended
33+May 4, 2022
34+HOUSE
35+3rd Reading Unamended
36+May 2, 2022
37+HOUSE
38+Amended 2nd Reading
39+April 29, 2022
40+HOUSE SPONSORSHIP
41+Herod and Esgar, Bacon, Cutter, Duran, Froelich, Garnett, Lindsay, Lontine, McCluskie,
42+McCormick, McLachlan, Michaelson Jenet, Sullivan, Titone, Valdez A., Valdez D.,
43+Woodrow
44+SENATE SPONSORSHIP
45+Hisey and Moreno, Bridges, Jaquez Lewis, Pettersen
46+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
47+Capital letters or bold & italic numbers indicate new material to be added to existing statute.
48+Dashes through the words indicate deletions from existing statute. representatives business affairs and labor committee and the senate
49+business, labor, and technology committee by January 1, 2023.
50+The executive director of the office of economic development is
51+authorized, in the executive director's discretion, to authorize the approval
52+or issuance of an incentive in an amount that exceeds the current statutory
53+limit of 20% of qualifying local expenditures for a production company
54+that qualifies for an incentive.
55+The bill makes a $2 million transfer from the general fund to the
56+Colorado office of film, television, and media operational account cash
57+fund for fiscal year 2022-23.
58+Be it enacted by the General Assembly of the State of Colorado:1
59+SECTION 1. In Colorado Revised Statutes, add 24-48.5-116.52
60+as follows:3
61+24-48.5-116.5. Film incentive task force - creation - study -4
1762 report - repeal. (1) T
18-HE FILM INCENTIVE TASK FORCE, REFERRED TO IN THIS
19-SECTION AS THE
20-"TASK FORCE", IS HEREBY CREATED. THE TASK FORCE
21-CONSISTS OF THE FOLLOWING NINE MEMBERS
22-:
63+HE FILM INCENTIVE TASK FORCE, REFERRED TO IN5
64+THIS SECTION AS THE "TASK FORCE", IS HEREBY CREATED. THE TASK6
65+FORCE CONSISTS OF THE FOLLOWING
66+NINE MEMBERS:7
2367 (a) T
24-WO MEMBERS OF THE COLORADO HOUSE OF REPRESENTATIVES ,
25-ONE FROM THE MINORITY PARTY AND ONE FROM THE MAJORITY PARTY ,
26-NOTE: This bill has been prepared for the signatures of the appropriate legislative
27-officers and the Governor. To determine whether the Governor has signed the bill
28-or taken other action on it, please consult the legislative status sheet, the legislative
29-history, or the Session Laws.
30-________
31-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32-through words or numbers indicate deletions from existing law and such material is not part of
33-the act. APPOINTED BY THE SPEAKER OF THE HOUSE ;
68+WO MEMBERS OF THE COLORADO HOUSE OF8
69+REPRESENTATIVES, ONE FROM THE MINORITY PARTY AND ONE FROM THE9
70+MAJORITY PARTY, APPOINTED BY THE SPEAKER OF THE HOUSE ;10
3471 (b) T
35-WO MEMBERS OF THE COLORADO SENATE, ONE FROM THE
36-MINORITY PARTY AND ONE FROM THE MAJORITY PARTY
37-, APPOINTED BY THE
38-PRESIDENT OF THE SENATE
39-;
72+WO MEMBERS OF THE COLORADO SENATE, ONE FROM THE11
73+MINORITY PARTY AND ONE FROM THE MAJORITY PARTY , APPOINTED BY12
74+THE PRESIDENT OF THE SENATE;13
4075 (c) O
41-NE REPRESENTATIVE OF THE MOTION PICTURE ASSOCIATION OF
42-AMERICA, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF
43-ECONOMIC DEVELOPMENT
44-;
45-(d) O
46-NE MEMBER RECOMMENDED BY CONSENSUS FROM A COALITION
47-OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN
48-REPRESENTING THE WORK FORCE WITHIN PRODUCTION
49-, APPOINTED BY THE
50-EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT
51-. A
52-STATEWIDE LABOR ORGANIZATION IS A STATE -LEVEL ORGANIZATION WITH
53-MULTIPLE AFFILIATES IN THE STATE OR AN ORGANIZATION THAT HAS
54-JURISDICTION FOR THE ENTIRE STATE
55-.
56-(e) O
57-NE MEMBER RECOMMENDED BY CONSENSUS FROM A COALITION
58-OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN
59-REPRESENTING THE WORK FORCE WITHIN THE INDUSTRY TALENT AND
60-ON
61--CAMERA PERFORMERS, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE
62-OFFICE OF ECONOMIC DEVELOPMENT
63-. A STATEWIDE LABOR ORGANIZATION
64-IS A STATE
65--LEVEL ORGANIZATION WITH MULTIPLE AFFILIATES IN THE STATE
66-OR AN ORGANIZATION THAT HAS JURISDICTION FOR THE ENTIRE STATE
67-.
68-(f) O
69-NE REPRESENTATIVE FROM A BUSINESS SCHOOL IN A COLORADO
70-INSTITUTION OF HIGHER EDUCATION
71-, APPOINTED BY THE EXECUTIVE
72-DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT
73-; AND
74-(g) THE DIRECTOR OF THE OFFICE OF FILM, TELEVISION, AND MEDIA
75-CREATED IN SECTION
76-24-48.5-115 OR THE DIRECTOR'S DESIGNEE.
76+NE REPRESENTATIVE OF THE MOTION PICTURE
77+ASSOCIATION14
78+OF AMERICA, APPOINTED BY THE EXECUTIVE DIRECTOR OF THE OFFICE OF15
79+ECONOMIC DEVELOPMENT ;16
80+(d) ONE MEMBER RECOMMENDED BY CONSENSUS FROM A17
81+COALITION OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN18
82+REPRESENTING THE WORK FORCE WITHIN PRODUCTION, APPOINTED BY THE19
83+EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT . A20
84+1408-2- STATEWIDE LABOR ORGANIZATION IS A STATE-LEVEL ORGANIZATION WITH1
85+MULTIPLE AFFILIATES IN THE STATE OR AN ORGANIZATION THAT HAS2
86+JURISDICTION FOR THE ENTIRE STATE.3
87+(e) ONE MEMBER RECOMMENDED BY CONSENSUS FROM A4
88+COALITION OF STATEWIDE LABOR ORGANIZATIONS ACTIVELY INVOLVED IN5
89+REPRESENTING THE WORK FORCE WITHIN THE INDUSTRY TALENT AND6
90+ON-CAMERA PERFORMERS, APPOINTED BY THE EXECUTIVE DIRECTOR OF7
91+THE OFFICE OF ECONOMIC DEVELOPMENT. A STATEWIDE LABOR8
92+ORGANIZATION IS A STATE-LEVEL ORGANIZATION WITH MULTIPLE9
93+AFFILIATES IN THE STATE OR AN ORGANIZATION THAT HAS JURISDICTION10
94+FOR THE ENTIRE STATE.11
95+(f) ONE REPRESENTATIVE FROM A BUSINESS SCHOOL IN A12
96+COLORADO INSTITUTION OF HIGHER EDUCATION , APPOINTED BY THE13
97+EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC DEVELOPMENT ; AND14
98+(g) THE DIRECTOR OF THE OFFICE OF FILM, TELEVISION, AND MEDIA15
99+CREATED IN SECTION 24-48.5-115 OR THE DIRECTOR'S DESIGNEE.16
77100 (2) M
78-EMBERS OF THE TASK FORCE SERVE WITHOUT COMPENSATION ;
79-EXCEPT THAT EACH LEGISLATIVE MEMBER OF THE TASK FORCE IS ENTITLED
80-TO RECEIVE PAYMENT OF PER DIEM AND REIMBURSEMENT FOR ACTUAL AND
81-NECESSARY EXPENSES AS AUTHORIZED IN SECTION
82-2-2-326.
101+EMBERS OF THE TASK FORCE SERVE WITHOUT17
102+COMPENSATION; EXCEPT THAT EACH LEGISLATIVE MEMBER OF THE TASK18
103+FORCE IS ENTITLED TO RECEIVE PAYMENT OF PER DIEM AND19
104+REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES AS AUTHORIZED20
105+IN SECTION 2-2-326.21
83106 (3) T
84-HE TASK FORCE SHALL CONDUCT A STUDY AND PREPARE A
85-REPORT WITH RECOMMENDATIONS ON HOW TO MAKE THE
86-PAGE 2-HOUSE BILL 22-1408 PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN COLORADO
87-MORE EFFECTIVE
88-. IN CONDUCTING THE STUDY , THE TASK FORCE SHALL
89-CONSULT WITH AND CONDUCT OUTREACH TO STAKEHOLDERS AND
90-INTERESTED PARTIES
91-.
92-(4) T
93-HE TASK FORCE SHALL SUBMIT ITS REPORT TO THE HOUSE OF
94-REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE
95-SENATE BUSINESS
96-, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR
97-SUCCESSOR COMMITTEES
98-, NO LATER THAN JANUARY 1, 2023.
107+HE TASK FORCE SHALL CONDUCT A STUDY AND PREPARE A22
108+REPORT WITH RECOMMENDATIONS ON HOW TO MAKE THE23
109+PERFORMANCE-BASED INCENTIVE FOR FILM PRODUCTION IN COLORADO24
110+MORE EFFECTIVE. IN CONDUCTING THE STUDY , THE TASK FORCE
111+SHALL25
112+CONSULT WITH AND CONDUCT OUTREACH TO STAKEHOLDERS AND26
113+INTERESTED PARTIES.27
114+1408
115+-3- (4) THE TASK FORCE SHALL SUBMIT ITS REPORT TO THE HOUSE OF1
116+REPRESENTATIVES BUSINESS AFFAIRS AND LABOR COMMITTEE AND THE2
117+SENATE BUSINESS, LABOR, AND TECHNOLOGY COMMITTEE , OR THEIR3
118+SUCCESSOR COMMITTEES, NO LATER THAN JANUARY 1, 2023.4
99119 (5) T
100-HE OFFICE OF ECONOMIC DEVELOPMENT SHALL PROVIDE OFFICE
101-SPACE
102-, EQUIPMENT, AND STAFF SERVICES AS MAY BE NECESSARY TO
103-IMPLEMENT THIS SECTION
104-.
120+HE OFFICE OF ECONOMIC DEVELOPMENT SHALL PROVIDE5
121+OFFICE SPACE, EQUIPMENT, AND STAFF SERVICES AS MAY BE NECESSARY6
122+TO IMPLEMENT THIS SECTION.7
105123 (6) T
106-HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.
107-SECTION 2. In Colorado Revised Statutes, 24-48.5-116, amend
108-(1) introductory portion, (1)(a), (1)(b), and (5)(a)(II); and add (1.5) and
109-(5)(a.5) as follows:
110-24-48.5-116. Film, television, and media - performance-based
111-incentive for film production in Colorado - Colorado office of film,
112-television, and media operational account cash fund - creation -
113-definition. (1) Subject to the provisions of this section, on or after July 1,
114-2012, any production company employing a workforce for any in-state
115-production activities made up of at least fifty percent Colorado residents
124+HIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2023.8
125+SECTION 2. In Colorado Revised Statutes, 24-48.5-116, amend9
126+(1) introductory portion, (1)(a), (1)(b), and (5)(a)(II); and add (1.5) and10
127+(5)(a.5) as follows:11
128+24-48.5-116. Film, television, and media - performance-based12
129+incentive for film production in Colorado - Colorado office of film,13
130+television, and media operational account cash fund - creation -14
131+definition. (1) Subject to the provisions of this section, on or after July15
132+1, 2012, any production company employing a workforce for any in-state16
133+production activities made up of at least fifty percent Colorado residents17
116134 shall be allowed to
117- MAY claim a performance-based incentive in an amount
118-as follows:
135+ MAY claim a performance-based incentive in an18
136+amount as follows:19
119137 (a) E
120-XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for
121-a production company that originates production activities in Colorado, an
122-amount equal to twenty percent of the total amount of the production
123-company's qualified local expenditures if the total of such expenditures
124-equals or exceeds one hundred thousand dollars; and
125-(b) (I) Except as provided in subparagraph (II) of this paragraph (b)
126-SUBSECTIONS (1)(b)(II) AND (1.5) OF THIS SECTION, for a production
127-company that does not originate production activities in Colorado, an
128-amount equal to twenty percent of the total amount of the production
129-company's qualified local expenditures if the total of such expenditures
130-PAGE 3-HOUSE BILL 22-1408 equals or exceeds one million dollars.
138+XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for20
139+a production company that originates production activities in Colorado,21
140+an amount equal to twenty percent of the total amount of the production22
141+company's qualified local expenditures if the total of such expenditures23
142+equals or exceeds one hundred thousand dollars; and24
143+(b) (I) Except as provided in subparagraph (II) of this paragraph
144+25
145+(b) SUBSECTIONS (1)(b)(II) AND (1.5) OF THIS SECTION, for a production26
146+company that does not originate production activities in Colorado, an27
147+1408
148+-4- amount equal to twenty percent of the total amount of the production1
149+company's qualified local expenditures if the total of such expenditures2
150+equals or exceeds one million dollars.3
131151 (II) E
132-XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION, for
133-a production company that produces a television commercial or video game
134-and that does not originate production activities in Colorado, any production
135-company employing a workforce for any in-state production activities made
136-up of at least fifty percent Colorado residents shall be
137- allowed to MAY claim
138-a performance-based incentive in an amount equal to twenty percent of the
139-total amount of the production company's qualified local expenditures if the
140-total of such expenditures equals or exceeds two hundred fifty thousand
141-dollars.
152+XCEPT AS PROVIDED IN SUBSECTION (1.5) OF THIS SECTION,4
153+for a production company that produces a television commercial or video5
154+game and that does not originate production activities in Colorado, any6
155+production company employing a workforce for any in-state production7
156+activities made up of at least fifty percent Colorado residents shall be
157+8
158+allowed to MAY claim a performance-based incentive in an amount equal9
159+to twenty percent of the total amount of the production company's10
160+qualified local expenditures if the total of such expenditures equals or11
161+exceeds two hundred fifty thousand dollars.12
142162 (1.5) T
143-HE EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC
144-DEVELOPMENT MAY
145-, IN THE EXECUTIVE DIRECTOR'S DISCRETION, AUTHORIZE
146-THE APPROVAL OR ISSUANCE OF AN INCENTIVE IN AN AMOUNT THAT EXCEEDS
147-TWENTY PERCENT OF LOCAL EXPENDITURES FOR A PRODUCTION COMPANY
148-THAT QUALIFIES FOR AN INCENTIVE UNDER SUBSECTION
149-(1) OF THIS SECTION.
150-(5) (a) There is hereby created in the state treasury the Colorado
151-office of film, television, and media operational account cash fund, referred
152-to in this section as the "fund". The fund consists of:
163+HE EXECUTIVE DIRECTOR OF THE OFFICE OF ECONOMIC13
164+DEVELOPMENT MAY , IN THE EXECUTIVE DIRECTOR 'S DISCRETION,14
165+AUTHORIZE THE APPROVAL OR ISSUANCE OF AN INCENTIVE IN AN AMOUNT15
166+THAT EXCEEDS TWENTY PERCENT OF LOCAL EXPENDITURES FOR A16
167+PRODUCTION COMPANY THAT QUALIFIES FOR AN INCENTIVE UNDER17
168+SUBSECTION (1) OF THIS SECTION.18
169+(5) (a) There is hereby created in the state treasury the Colorado19
170+office of film, television, and media operational account cash fund,20
171+referred to in this section as the "fund". The fund consists of:21
153172 (II) Money transferred to the fund, including three million dollars
154-that shall be transferred on July 1, 2012, and five million dollars that shall
155-be transferred on July 1, 2021, from the general fund, and up to one million
156-dollars transferred pursuant to section 24-32-129 (3)(b)(II) to the Colorado
157-office of film, television, and media operational account cash fund,
158-AND
159-MONEY TRANSFERRED PURSUANT TO SUBSECTION
160- (5)(a.5) OF THIS SECTION;
161-and
173+22
174+that shall be transferred on July 1, 2012, and five million dollars that shall23
175+be transferred on July 1, 2021, from the general fund, and up to one24
176+million dollars transferred pursuant to section 24-32-129 (3)(b)(II) to the25
177+Colorado office of film, television, and media operational account cash26
178+fund,
179+AND MONEY TRANSFERRED PURSUANT TO SUBSECTION (5)(a.5) OF27
180+1408
181+-5- THIS SECTION; and1
162182 (a.5) O
163-N JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER TWO
164-MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND
165-.
166-SECTION 3. Appropriation. (1) For the 2022-23 state fiscal year,
167-$2,000,000 is appropriated to the office of the governor. This appropriation
168-is from the Colorado office of film, television, and media operational
169-account cash fund created in section 24-48.5-116 (5)(a), C.R.S. To
170-implement this act, the office of economic development and international
171-trade may use this appropriation for Colorado office of film, television, and
172-media.
173-PAGE 4-HOUSE BILL 22-1408 (2) For the 2022-23 state fiscal year, $2,131 is appropriated to the
174-legislative department for use by the general assembly. This appropriation
175-is from the general fund. To implement this act, the department may use this
176-appropriation for legislator per diem and expense reimbursements.
177-SECTION 4. Safety clause. The general assembly hereby finds,
178-determines, and declares that this act is necessary for the immediate
179-preservation of the public peace, health, or safety.
180-____________________________ ____________________________
181-Alec Garnett Steve Fenberg
182-SPEAKER OF THE HOUSE PRESIDENT OF
183-OF REPRESENTATIVES THE SENATE
184-____________________________ ____________________________
185-Robin Jones Cindi L. Markwell
186-CHIEF CLERK OF THE HOUSE SECRETARY OF
187-OF REPRESENTATIVES THE SENATE
188- APPROVED________________________________________
189- (Date and Time)
190- _________________________________________
191- Jared S. Polis
192- GOVERNOR OF THE STATE OF COLORADO
193-PAGE 5-HOUSE BILL 22-1408
183+N
184+JULY 1, 2022, THE STATE TREASURER SHALL TRANSFER2
185+TWO MILLION DOLLARS FROM THE GENERAL FUND TO THE FUND .3
186+SECTION 3. Appropriation. (1) For the 2022-23 state fiscal4
187+year, $2,000,000 is appropriated to the office of the governor. This5
188+appropriation is from the Colorado office of film, television, and media6
189+operational account cash fund created in section 24-48.5-116 (5)(a),7
190+C.R.S. To implement this act, the office of economic development and 8
191+international trade may use this appropriation for Colorado office of film,9
192+television, and media.10
193+(2) For the 2022-23 state fiscal year, $2,131 is appropriated to the11
194+legislative department for use by the general assembly. This appropriation12
195+is from the general fund. To implement this act, the department may use13
196+this appropriation for legislator per diem and expense reimbursements.14
197+SECTION 4. Safety clause. The general assembly hereby finds,15
198+determines, and declares that this act is necessary for the immediate16
199+preservation of the public peace, health, or safety.17
200+1408
201+-6-