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