EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1487*
HOUSE BILL 1487
C8 4lr4607
By: Chair, Ways and Means Committee (By Request – Departmental – Commerce)
Introduced and read first time: February 15, 2024
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Maryland Entertainment Council – Alterations 2
FOR the purpose of reestablishing the Maryland Entertainment Council to be the 3
Maryland Entertainment Industry Council within the Department of Commerce to 4
study and make recommendations regarding Maryland’s film, television, and 5
entertainment industry; and generally relating to the Maryland Entertainment 6
Council. 7
BY repealing 8
Chapter 434 of the Acts of the General Assembly of 2023 9
Section 2 10
BY repealing and reenacting, with amendments, 11
Chapter 434 of the Acts of the General Assembly of 2023 12
Section 5 13
BY adding to 14
Article – Economic Development 15
Section 4–401 through 4–408 to be under the new subtitle “Subtitle 4. Maryland 16
Entertainment Industry Council” 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2023 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Chapter 434 of the Acts of 2023 22
[SECTION 2. AND BE IT FURTHER ENACTED, That: 23
2 HOUSE BILL 1487
(a) There is a Maryland Entertainment Council. 1
(b) (1) Subject to paragraph (2) of this subsection, the Council consists of: 2
(i) one member of the Senate of Maryland, appointed by the 3
President of the Senate; 4
(ii) one member of the House of Delegates, appointed by the Speaker 5
of the House; 6
(iii) the Governor’s appointed Senior Advisor on Film, Television, and 7
Entertainment; and 8
(iv) the following members, appointed by the Governor: 9
1. one expert in the business of the film, television, and 10
entertainment industry, such as an executive, producer, studio representative, or an 11
individual holding a leadership role within the industry; 12
2. one expert in workforce development or higher education 13
related to the film, television, and entertainment industry; 14
3. one expert in emerging technologies or specialties of the 15
film, television, and entertainment industry, such as an expert in gaming, artificial 16
intelligence, visual effects, animation, post–production, or another related specialty; 17
4. one expert in legal or policy fields specific to the film, 18
television, and entertainment industry; 19
5. one representative of the independent film and television 20
community; 21
6. one representative of nongovernmental entities or 22
philanthropic institutions that support film, television, or entertainment directly or 23
creative economies more broadly; and 24
7. one representative of organized labor in the entertainment 25
industry. 26
(2) The Governor may appoint up to three additional individuals as 27
honorary cochairs of the Council who are: 28
(i) individuals with extraordinary cultural capital and commanding 29
significant influence within the film, television, and entertainment industry; 30
(ii) business leaders commanding a significant stake within the film, 31
television, and entertainment industry; or 32 HOUSE BILL 1487 3
(iii) individuals who have defined the current cultural brand of the 1
film, television, and entertainment industry within the State. 2
(3) An individual appointed as an honorary cochair of the Council shall be 3
a nonvoting member of the Council whose responsibilities shall be limited to the promotion 4
and business development of Maryland’s film, television, and entertainment industry. 5
(c) The Senior Advisor on Film, Television, and Entertainment shall chair the 6
Council. 7
(d) The Department of Commerce shall provide staff for the Council. 8
(e) A member of the Council: 9
(1) may not receive compensation as a member of the Council; but 10
(2) is entitled to reimbursement for expenses under the Standard State 11
Travel Regulations, as provided in the State budget. 12
(f) The Council shall: 13
(1) assess Maryland’s existing assets, opportunities, and competitive 14
position within the film, television, and entertainment industry; 15
(2) study: 16
(i) Maryland’s State, local, and private assets that currently 17
support Maryland’s film, television, and entertainment industry, including key 18
infrastructure, existing workforce, workforce pipelines, scenic profile, emerging specialties, 19
and independent creative communities; 20
(ii) existing State programs, agencies, offices, grant programs, and 21
commissions across State agencies that support the film, television, and entertainment 22
industry; 23
(iii) models, competitive profiles, methods, and legislation that states 24
have utilized to incentivize necessary infrastructure and workforce to support the film, 25
television, and entertainment industry; 26
(iv) industry needs, disruptive trends, and emerging technologies 27
within the film, television, and entertainment industry; and 28
(v) complementary industries, aligned businesses, and potential 29
corporate, philanthropic, and other partners for the film, television, and entertainment 30
industry; and 31
4 HOUSE BILL 1487
(3) make recommendations on the development of a coordinated, 1
comprehensive strategic plan to position Maryland as an emerging leader in the film, 2
television, and entertainment industry. 3
(g) On or before December 1, 2023, the Council shall submit a preliminary report 4
to the Governor, the Secretary of Commerce, and, in accordance with § 2–1257 of the State 5
Government Article, the General Assembly that includes: 6
(1) an assessment of Maryland’s existing infrastructure, creative profile, 7
and core structural advantages that the State is uniquely positioned to leverage; 8
(2) recommendations on how to best utilize existing State offices, 9
commissions, and programs to advance Maryland’s film, television, and entertainment 10
industry and what, if any, additional investments should be made to support these State 11
functions; 12
(3) a clear definition of Maryland’s creative and competitive profile; and 13
(4) recommendations to measure the economic impact of additional 14
investment in the film, television, and entertainment industry. 15
(h) On or before September 1, 2024, the Council shall submit its final report to 16
the Governor, the Secretary of Commerce, and, in accordance with § 2–1257 of the State 17
Government Article, the General Assembly on: 18
(1) the matters included in the Council’s preliminary report; 19
(2) recommendations regarding the expansion of eligibility for film 20
production incentives, including with respect to live to tape events, and the potential 21
economic impact from that expansion; 22
(3) recommendations to strengthen the structure and funding of the State’s 23
existing film and theatrical production incentives to ensure a greater return on investment 24
on Maryland’s investment in the film, television, and entertainment industry; 25
(4) recommendations for additional State investment to bolster identified 26
specialties and high–leverage growth opportunities in the film, television, and 27
entertainment industry; 28
(5) recommendations to support and grow Maryland’s independent 29
creative community and incentivize export promotions of Maryland–based talent; 30
(6) methods to bolster film–, television–, and entertainment–related 31
business development and identify potential industry partnerships; 32
HOUSE BILL 1487 5
(7) methods to sustainably grow the film, television, and entertainment 1
workforce and identify potential workforce development and higher education partners; 2
and 3
(8) other recommendations, as appropriate, to support and grow the 4
economic impact of Maryland’s film, television, and entertainment industry.] 5
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 6
1, 2023. [Section 2 of this Act shall remain effective for a period of 2 years and, at the end 7
of June 30, 2025, Section 2 of this Act, with no further action required by the General 8
Assembly, shall be abrogated and of no further force and effect.] 9
Article – Economic Development 10
SUBTITLE 4. MARYLAND ENTERTAINMENT INDUSTRY COUNCIL. 11
4–401. 12
IN THIS SUBTITLE , “COUNCIL” MEANS THE MARYLAND ENTERTAINMENT 13
INDUSTRY COUNCIL. 14
4–402. 15
THERE IS A MARYLAND ENTERTAINMENT INDUSTRY COUNCIL IN THE 16
DEPARTMENT . 17
4–403. 18
(A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS : 19
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE 20
PRESIDENT OF THE SENATE; 21
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE 22
SPEAKER OF THE HOUSE; 23
(3) THE GOVERNOR’S APPOINTED SENIOR ADVISOR ON FILM, 24
TELEVISION, AND ENTERTAINMENT ; 25
(4) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S 26
DESIGNEE; 27
(5) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE; 28
6 HOUSE BILL 1487
(6) THE SECRETARY OF HOUSING AND COMMUNITY DEVELOPMENT , 1
OR THE SECRETARY’S DESIGNEE; AND 2
(7) THE FOLLOWING 19 MEMBERS APPOINTED BY THE GOVERNOR, IN 3
CONSULTATION WITH TH E SECRETARY: 4
(I) ONE EXPERT IN THE BU SINESS OF THE FILM, TELEVISION, 5
AND ENTERTAINMENT IN DUSTRY, SUCH AS AN EXECUTIVE , A PRODUCER, A STUDIO 6
REPRESENTATIVE , OR AN INDIVIDUAL HOL DING A LEADERSHIP RO LE WITHIN THE 7
INDUSTRY; 8
(II) ONE EXPERT IN WORKFO RCE DEVELOPMENT OR H IGHER 9
EDUCATION RELATED TO THE FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY; 10
(III) ONE EXPERT IN EMERGI NG TECHNOLOGIES OR 11
SPECIALTIES OF THE F ILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY, SUCH AS 12
AN EXPERT IN GAMING , ARTIFICIAL INTELLIGE NCE, VISUAL EFFECTS , ANIMATION, 13
POSTPRODUCTI ON, OR ANOTHER RELATED S PECIALTY; 14
(IV) ONE EXPERT IN LEGAL OR POLICY FIELDS SPE CIFIC TO THE 15
FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY; 16
(V) ONE REPRESENTATIVE O F THE INDEPENDENT FI LM AND 17
TELEVISION COMMUNITY ; 18
(VI) ONE REPRESENTATIVE O F NONGOVERNMENTAL ENTI TIES 19
OR PHILANTHROPIC INS TITUTIONS THAT SUPPO RT FILM, TELEVISION, OR 20
ENTERTAINMENT DIRECT LY OR CREATIVE ECONO MIES MORE BROADLY ; 21
(VII) ONE REPRESENTATIVE O F ORGANIZED LABOR IN THE 22
ENTERTAINMENT INDUST RY; AND 23
(VIII) 12 INDIVIDUALS WHO HAVE GENERAL EXPERIE NCE IN THE 24
FILM, TELEVISION, OR ENTERTAINMENT IND USTRIES. 25
(B) (1) THE GOVERNOR MAY APPOINT UP TO THREE ADDITION AL 26
INDIVIDUALS AS HONOR ARY COCHAIRS OF THE COUNCIL WHO ARE : 27
(I) INDIVIDUALS WITH EXT RAORDINARY CULTURAL CAPITAL 28
AND COMMANDING SIGNI FICANT INFLUENCE WIT HIN THE FILM, TELEVISION, AND 29
ENTERTAINMENT INDUST RY; 30
HOUSE BILL 1487 7
(II) BUSINESS LEADERS COM MANDING A SIGNIFICAN T STAKE 1
WITHIN THE FILM , TELEVISION, AND ENTERTAINMENT IN DUSTRY; OR 2
(III) INDIVIDUALS WHO HAVE DEFINED THE CU RRENT 3
CULTURAL BRAND OF TH E FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY 4
WITHIN THE STATE. 5
(2) AN INDIVIDUAL APPOINT ED AS AN HONORARY CO CHAIR OF THE 6
COUNCIL SHALL BE A NO NVOTING MEMBER OF TH E COUNCIL WHOSE 7
RESPONSIBILITIES SHA LL BE LIMITED TO THE PROMOTION AND BUSINESS 8
DEVELOPMENT OF MARYLAND’S FILM, TELEVISION, AND ENTERTAINMENT 9
INDUSTRY. 10
(C) (1) (I) THE TERM OF A MEMBER UNDER SUBSECTION (A)(7) OF 11
THIS SECTION IS 2 YEARS AND BEGINS ON JULY 1. 12
(II) A MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO 13
THE COUNCIL SERVES UNTIL A SUCCESSOR IS APPOI NTED. 14
(2) (I) THIS PARAGRAPH APPLIE S ONLY TO A MEMBER A PPOINTED 15
UNDER SUBSECTION (A)(7) OF THIS SECTION. 16
(II) A MEMBER MAY BE REAPPO INTED, BUT AFTER SERVING FO R 17
THREE CONSECUTIVE 2–YEAR TERMS, A MEMBER MAY NO T BE REAPPOINTED UNT IL 18
AT LEAST 1 YEAR AFTER THE END O F THE MEMBER ’S PREVIOUS TENURE . 19
(III) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY 20
THE TERMS PROVIDED F OR MEMBERS OF THE COUNCIL ON JULY 1, 2024. 21
(IV) AT THE END OF A TERM , A MEMBER CONTINUES TO SERVE 22
UNTIL A SUCCESSOR HA S BEEN APPOINTED AND QUALIFIES. 23
(V) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN 24
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED 25
AND QUALIFIES. 26
(D) IN APPOINTING MEMBERS , THE GOVERNOR SHALL PROVIDE , TO THE 27
EXTENT PRACTICABLE , BALANCED GEOGRAPHIC REPRESENTATION . 28
4–404. 29
THE SENIOR ADVISOR ON FILM, TELEVISION, AND ENTERTAINMENT SHALL 30
CHAIR THE COUNCIL. 31 8 HOUSE BILL 1487
4–405. 1
A MEMBER OF THE COUNCIL: 2
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE 3
COUNCIL; BUT 4
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE 5
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET . 6
4–406. 7
(A) THE COUNCIL SHALL: 8
(1) ASSESS MARYLAND’S EXISTING ASSETS , OPPORTUNITIES , AND 9
COMPETITIVE POS ITION WITHIN THE FIL M, TELEVISION, AND ENTERTAINMENT 10
INDUSTRY; 11
(2) STUDY: 12
(I) MARYLAND’S STATE, LOCAL, AND PRIVATE ASSETS T HAT 13
CURRENTLY SUPPORT MARYLAND’S FILM, TELEVISION, AND ENTERTAINMENT 14
INDUSTRY, INCLUDING KEY INFRAS TRUCTURE, EXISTING WORKFORCE , 15
WORKFORCE PIPELINES , SCENIC PROFILE , EMERGING SPECIALTIES , AND 16
INDEPENDENT CREATIVE COMMUNITIES ; 17
(II) EXISTING STATE PROGRAMS , AGENCIES, OFFICES, GRANT 18
PROGRAMS, AND COMMISSIONS ACRO SS STATE AGENCIES THAT S UPPORT THE FILM , 19
TELEVISION, AND ENTERTAINMENT INDUSTRY ; 20
(III) MODELS, COMPETITIVE PROFILES , METHODS, AND 21
LEGISLATION THAT STA TES HAVE UTILIZED TO INCENTIVIZE NECESSAR Y 22
INFRASTRUCTURE AND W ORKFORCE TO SUPPORT THE FILM, TELEVISION, AND 23
ENTERTAINMENT INDUST RY; 24
(IV) INDUSTRY NEEDS , DISRUPTIVE TRENDS , AND EMERGING 25
TECHNOLOGIES WITHIN THE FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY; 26
AND 27
(V) COMPLEMENTARY INDUST RIES, ALIGNED BUSINESSES , AND 28
POTENTIAL CORPORATE , PHILANTHROPIC , AND OTHER PARTNERS F OR THE FILM, 29
TELEVISION, AND ENTERTAINM ENT INDUSTRY; AND 30 HOUSE BILL 1487 9
(3) MAKE RECOMMENDATIONS ON THE DEVELOPMENT O F A 1
COORDINATED , COMPREHENSIVE STRATE GIC PLAN TO POSITION MARYLAND AS AN 2
EMERGING LEADER IN T HE FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY. 3
(B) THE COUNCIL MAY: 4
(1) ADOPT REGULATIONS TO CARRY OUT THIS SU BTITLE; 5
(2) ENTER INTO CONTRACTS AND AGREEMENTS ; 6
(3) OBTAIN SERVICES ; 7
(4) ASK ANY OTHER UNIT O F THE STATE FOR ASSISTANCE AND DATA 8
THAT ENABLE THE COUNCIL TO CARRY OUT ITS POWERS AND DUTIE S; 9
(5) ACCEPT FEDERAL MONEY FOR ANY PURPOSE OF THIS SUBTI TLE; 10
AND 11
(6) ACCEPT GIFTS, DONATIONS, OR BEQUESTS FOR ANY PURPOSE OF 12
THIS SUBTITLE. 13
4–407. 14
STAFF FOR THE COUNCIL SHALL BE PROV IDED BY: 15
(1) THE DEPARTMENT ; AND 16
(2) ANY OTHER STATE AGENCY DESIGNAT ED BY THE GOVERNOR. 17
4–408. 18
THE COUNCIL: 19
(1) SHALL PUBLISH AN ANN UAL REPORT; AND 20
(2) MAY PUBLISH OTHER MA TERIAL. 21
SECTION 2. AND BE IT FURTHER ENACTED, That : 22
(a) It is the intent of the General Assembly that the Maryland Entertainment 23
Industry Council established under Section 1 of this Act be the successor of the Maryland 24
Entertainment Council established by Section 2 of Chapter 434 of the Acts of the General 25
Assembly of 2023. 26 10 HOUSE BILL 1487
(b) Subject to the limitations of § 4–403(c) and (d) of the Economic Development 1
Article, as enacted by Section 1 of this Act, the Governor may appoint an individual who 2
previously served on the Maryland Entertainment Council established by Section 2 of 3
Chapter 434 of the Acts of the General Assembly of 2023 to serve on the Maryland 4
Entertainment Industry Council established under Section 1 of this Act. 5
(c) The terms of the initial appointed members of the Maryland Entertainment 6
Industry Council established by Section 1 of this Act shall expire as follows: 7
(1) 10 members in 2025; and 8
(2) 9 members in 2026. 9
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 1, 10
2024, the Maryland Entertainment Industry Council established under Section 1 of this 11
Act shall submit a report to the Governor and, in accordance with § 2–1257 of the State 12
Government Article, the General Assembly on: 13
(1) an assessment of Maryland’s existing infrastructure, creative profile, 14
and core structural advantages that the State is uniquely positioned to leverage; 15
(2) recommendations on how to best utilize existing State offices, 16
commissions, and programs to advance Maryland’s film, television, and entertainment 17
industry and what, if any, additional investments should be made to support these State 18
functions; 19
(3) a clear definition of Maryland’s creative and competitive profile; 20
(4) recommendations to measure the economic impact of additional 21
investment in the film, television, and entertainment industry; 22
(5) recommendations regarding the expansion of eligibility for film 23
production incentives, including with respect to live to tape events, and the potential 24
economic impact from that expansion; 25
(6) recommendations to strengthen the structure and funding of the State’s 26
existing film and theatrical production incentives to ensure a greater return on investment 27
on Maryland’s investment in the film, television, and entertainment industry; 28
(7) recommendations for additional State investment to bolster identified 29
specialties and high–leverage growth opportunities in the film, television, and 30
entertainment industry; 31
(8) recommendations to support and grow Maryland’s independent 32
creative community and incentivize export promotions of Maryland–based talent; 33
HOUSE BILL 1487 11
(9) methods to bolster film–, television–, and entertainment–related 1
business development and identify potential industry partnerships; 2
(10) methods to sustainably grow the film, television, and entertainment 3
workforce and identify potential workforce development and higher education partners; 4
and 5
(11) other recommendations, as appropriate, to support and grow the 6
economic impact of Maryland’s film, television, and entertainment industry. 7
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2024. 9