WES MOORE, Governor Ch. 70
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Chapter 70
(House Bill 1487)
AN ACT concerning
Maryland Entertainment Council – Alterations
FOR the purpose of reestablishing the Maryland Entertainment Council to be the
Maryland Entertainment Industry Council within the Department of Commerce to
study and make recommendations regarding Maryland’s film, television, and
entertainment industry; and generally relating to the Maryland Entertainment
Council.
BY repealing
Chapter 434 of the Acts of the General Assembly of 2023
Section 2
BY repealing and reenacting, with amendments,
Chapter 434 of the Acts of the General Assembly of 2023
Section 5
BY adding to
Article – Economic Development
Section 4–401 through 4–408 to be under the new subtitle “Subtitle 4. Maryland
Entertainment Industry Council”
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Chapter 434 of the Acts of 2023
[SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) There is a Maryland Entertainment Council.
(b) (1) Subject to paragraph (2) of this subsection, the Council consists of:
(i) one member of the Senate of Maryl and, appointed by the
President of the Senate;
(ii) one member of the House of Delegates, appointed by the Speaker
of the House;
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(iii) the Governor’s appointed Senior Advisor on Film, Television, and
Entertainment; and
(iv) the following members, appointed by the Governor:
1. one expert in the business of the film, television, and
entertainment industry, such as an executive, producer, studio representative, or an
individual holding a leadership role within the industry;
2. one expert in workforce development or higher education
related to the film, television, and entertainment industry;
3. one expert in emerging technologies or specialties of the
film, television, and entertainment industry, such as an expert in gaming, artificial
intelligence, visual effects, animation, post–production, or another related specialty;
4. one expert in legal or policy fields specific to the film,
television, and entertainment industry;
5. one representative of the independent film and television
community;
6. one representative of nongovernmental entities or
philanthropic institutions that support film, television, or entertainment directly or
creative economies more broadly; and
7. one representative of organized labor in the entertainment
industry.
(2) The Governor may appoint up to three additional individuals as
honorary cochairs of the Council who are:
(i) individuals with extraordinary cultural capital and commanding
significant influence within the film, television, and entertainment industry;
(ii) business leaders commanding a significant stake within the film,
television, and entertainment industry; or
(iii) individuals who have defined the current cultural brand of the
film, television, and entertainment industry within the State.
(3) An individual appointed as an honorary cochair of the Council shall be
a nonvoting member of the Council whose responsibilities shall be limited to the promotion
and business development of Maryland’s film, television, and entertainment industry.
WES MOORE, Governor Ch. 70
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(c) The Senior Advisor on Film, Television, and Entertainment shall chair the
Council.
(d) The Department of Commerce shall provide staff for the Council.
(e) A member of the Council:
(1) may not receive compensation as a member of the Council; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) The Council shall:
(1) assess Maryland’s existing assets, opportunities, and competitive
position within the film, television, and entertainment industry;
(2) study:
(i) Maryland’s State, local, and private assets that currently
support Maryland’s film, television, and entertainment industry, including key
infrastructure, existing workforce, workforce pipelines, scenic profile, emerging specialties,
and independent creative communities;
(ii) existing State programs, agencies, offices, grant programs, and
commissions across State agencies that support the film, television, and entertainment
industry;
(iii) models, competitive profiles, methods, and legislation that states
have utilized to incentivize necessary infrastructure and workforce to support the film,
television, and entertainment industry;
(iv) industry needs, disruptive trends, and emerging technologies
within the film, television, and entertainment industry; and
(v) complementary industries, aligned businesses, and potential
corporate, philanthropic, and other partners for the film, television, and entertainment
industry; and
(3) make recommendations on the development of a coordinated,
comprehensive strategic plan to position Maryland as an emerging leader in the film,
television, and entertainment industry.
(g) On or before December 1, 2023, the Council shall submit a preliminary report
to the Governor, the Secretary of Commerce, and, in accordance with § 2–1257 of the State
Government Article, the General Assembly that includes: Ch. 70 2024 LAWS OF MARYLAND
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(1) an assessment of Maryland’s existing infrastructure, creative profile,
and core structural advantages that the State is uniquely positioned to leverage;
(2) recommendations on how to best utilize existing State offices,
commissions, and programs to advance Maryland’s film, television, and entertainment
industry and what, if any, additional investments should be made to support these State
functions;
(3) a clear definition of Maryland’s creative and competitive profile; and
(4) recommendations to measure the economic impact of additional
investment in the film, television, and entertainment industry.
(h) On or before September 1, 2024, the Council shall submit its final report to
the Governor, the Secretary of Commerce, and, in accordance with § 2–1257 of the State
Government Article, the General Assembly on:
(1) the matters included in the Council’s preliminary report;
(2) recommendations regarding the expansion of eligibility for film
production incentives, including with respect to live to tape events, and the potential
economic impact from that expansion;
(3) recommendations to strengthen the structure and funding of the State’s
existing film and theatrical production incentives to ensure a greater return on investment
on Maryland’s investment in the film, television, and entertainment industry;
(4) recommendations for additional State investment to bolster identified
specialties and high–leverage growth opportunities in the film, television, and
entertainment industry;
(5) recommendations to support and grow Maryland’s independent
creative community and incentivize export promotions of Maryland–based talent;
(6) methods to bolster film–, television–, and entertainment–related
business development and identify potential industry partnerships;
(7) methods to sustainably grow the film, television, and entertainment
workforce and identify potential workforce development and higher education partners;
and
(8) other recommendations, as appropriate, to support and grow the
economic impact of Maryland’s film, television, and entertainment industry.]
WES MOORE, Governor Ch. 70
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SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023. [Section 2 of this Act shall remain effective for a period of 2 years and, at the end
of June 30, 2025, Section 2 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.]
Article – Economic Development
SUBTITLE 4. MARYLAND ENTERTAINMENT INDUSTRY COUNCIL.
4–401.
IN THIS SUBTITLE , “COUNCIL” MEANS THE MARYLAND ENTERTAINMENT
INDUSTRY COUNCIL.
4–402.
THERE IS A MARYLAND ENTERTAINMENT INDUSTRY COUNCIL IN THE
DEPARTMENT .
4–403.
(A) THE COUNCIL CONSISTS OF T HE FOLLOWING MEMBERS :
(1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
PRESIDENT OF THE SENATE;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES, APPOINTED BY THE
SPEAKER OF THE HOUSE;
(3) THE GOVERNOR’S APPOINTED SENIOR ADVISOR ON FILM,
TELEVISION, AND ENTERTAINMENT ;
(4) THE SECRETARY OF COMMERCE, OR THE SECRETARY’S
DESIGNEE;
(5) THE SECRETARY OF LABOR, OR THE SECRETARY’S DESIGNEE;
(6) THE SECRETARY OF HOUSING AND COMMUNITY DEVELOPMENT ,
OR THE SECRETARY’S DESIGNEE; AND
(7) THE FOLLOWING 19 MEMBERS APPOINTED BY THE GOVERNOR, IN
CONSULTATION WITH TH E SECRETARY:
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(I) ONE EXPERT IN THE BU SINESS OF THE FILM , TELEVISION,
AND ENTERTAINME NT INDUSTRY, SUCH AS AN EXECUTIVE , A PRODUCER , A STUDIO
REPRESENTATIVE , OR AN INDIVIDUAL HOL DING A LEADERSHIP RO LE WITHIN THE
INDUSTRY;
(II) ONE EXPERT IN WORKFO RCE DEVELOPMENT OR H IGHER
EDUCATION RELATED TO THE FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY;
(III) ONE EXPERT IN EMERGI NG TECHNOLOGIES OR
SPECIALTIES OF THE F ILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY, SUCH AS
AN EXPERT IN GAMING , ARTIFICIAL INTELLIGE NCE, VISUAL EFFECTS , ANIMATION,
POSTPRODUCTION , OR ANOTHER RELATED S PECIALTY;
(IV) ONE EXPERT IN LEGAL OR POLICY FIELDS SPE CIFIC TO THE
FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY;
(V) ONE REPRESENTATIVE O F THE INDEPENDENT FI LM AND
TELEVISION COMMUNITY ;
(VI) ONE REPRESENTATIVE O F NONGOVERNMENTAL EN TITIES
OR PHILANTHROPIC INS TITUTIONS THAT SUPPORT F ILM, TELEVISION, OR
ENTERTAINMENT DIRECT LY OR CREATIVE ECONO MIES MORE BROADLY ;
(VII) ONE REPRESENTATIVE O F ORGANIZED LABOR IN THE
ENTERTAINMENT INDUST RY; AND
(VIII) 12 INDIVIDUALS WHO HAVE GENERAL EXPERIENCE I N THE
FILM, TELEVISION, OR ENTERTAINMENT IND USTRIES.
(B) (1) THE GOVERNOR MAY APPOINT UP TO THREE ADDITION AL
INDIVIDUALS AS HONOR ARY COCHAIRS OF THE COUNCIL WHO ARE :
(I) INDIVIDUALS WITH EXT RAORDINARY CULTURAL CAPITAL
AND COMMANDING SIGNI FICANT INFLUENCE WIT HIN THE FILM, TELEVISION, AND
ENTERTAINMENT INDUST RY;
(II) BUSINESS LEADERS COM MANDING A SIGNIFICAN T STAKE
WITHIN THE FILM , TELEVISION, AND ENTERTAINMENT IN DUSTRY; OR
(III) INDIVIDUALS WHO HAVE DEFINED THE CURRENT
CULTURAL BRAND OF TH E FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY
WITHIN THE STATE.
WES MOORE, Governor Ch. 70
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(2) AN INDIVIDUAL APPOINT ED AS AN HONORARY CO CHAIR OF THE
COUNCIL SHALL BE A NO NVOTING MEMBER OF TH E COUNCIL WHOSE
RESPONSIBILITIES SHA LL BE LIMITED TO THE PROMOTION AND BUSINE SS
DEVELOPMENT OF MARYLAND’S FILM, TELEVISION, AND ENTERTAINMENT
INDUSTRY.
(C) (1) (I) THE TERM OF A MEMBER UNDER SUBSECTION (A)(7) OF
THIS SECTION IS 2 YEARS AND BEGINS ON JULY 1.
(II) A MEMBER OF THE GENERAL ASSEMBLY APPOINTED TO
THE COUNCIL SERVES UNTIL A SUCCESSOR IS APPOI NTED.
(2) (I) THIS PARAGRAPH APPLIE S ONLY TO A MEMBER A PPOINTED
UNDER SUBSECTION (A)(7) OF THIS SECTION.
(II) A MEMBER MAY BE REAPPO INTED, BUT AFTER SERVING FO R
THREE CONSECUTIVE 2–YEAR TERMS, A MEMBER MAY NOT BE REAPPOINTED UNTIL
AT LEAST 1 YEAR AFTER T HE END OF THE MEMBER ’S PREVIOUS TENURE .
(III) THE TERMS OF MEMBERS ARE STAGGERED AS REQ UIRED BY
THE TERMS PROVIDED F OR MEMBERS OF THE COUNCIL ON JULY 1, 2024.
(IV) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE
UNTIL A SUCCESSOR HA S BEEN APPOINT ED AND QUALIFIES .
(V) A MEMBER WHO IS APPOIN TED AFTER A TERM HAS BEGUN
SERVES ONLY FOR THE REST OF THE TERM AND UNTIL A SUCCESSOR IS APPOINTED
AND QUALIFIES.
(D) IN APPOINTING MEMBERS , THE GOVERNOR SHALL PROVID E, TO THE
EXTENT PRACTICABLE , BALANCED G EOGRAPHIC REPRESENTA TION.
4–404.
THE SENIOR ADVISOR ON FILM, TELEVISION, AND ENTERTAINMENT SHALL
CHAIR THE COUNCIL.
4–405.
A MEMBER OF THE COUNCIL:
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE
COUNCIL; BUT
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(2) IS ENTITLED TO REIMBURSEMENT FOR EX PENSES UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
4–406.
(A) THE COUNCIL SHALL:
(1) ASSESS MARYLAND’S EXISTING ASSETS , OPPORTUNITIES , AND
COMPETITIVE POSITION WITHIN THE FILM , TELEVISION, AND ENTERTAINMENT
INDUSTRY;
(2) STUDY:
(I) MARYLAND’S STATE, LOCAL, AND PRIVATE ASSETS T HAT
CURRENTLY SUPPORT MARYLAND’S FILM, TELEVISION, AND ENTERTAINMENT
INDUSTRY, INCLUDING KEY INFRAS TRUCTURE, EXISTING WORKFORCE ,
WORKFORCE PIPELINES , SCENIC PROFILE , EMERGING SPECIALTIES , AND
INDEPENDENT CREATIVE COMMUNITIES ;
(II) EXISTING STATE PROGRAMS , AGENCIES, OFFICES, GRANT
PROGRAMS, AND COMMISSIONS ACRO SS STATE AGENCIES THAT S UPPORT THE FILM ,
TELEVISION, AND ENTERTAINMENT IN DUSTRY;
(III) MODELS, COMPETITIVE PROFILES , METHODS, AND
LEGISLATION THAT STA TES HAVE UTILIZED TO INCENTIVIZE NECESSAR Y
INFRASTRUCTURE AND W ORKFORCE TO SUPPORT THE FILM, TELEVISION, AND
ENTERTAINMENT INDUST RY;
(IV) INDUSTRY NEEDS , DISRUPTIVE TRENDS , AND EMERGING
TECHNOLOGIES WITHIN THE FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY;
AND
(V) COMPLEMENTARY INDUST RIES, ALIGNED BUSINESSES , AND
POTENTIAL CORPORATE , PHILANTHROPIC , AND OTHER PARTNERS F OR THE FILM,
TELEVISION, AND ENTERTAINMENT IN DUSTRY; AND
(3) MAKE RECOMMENDATIONS ON THE DEVELOPMENT OF A
COORDINATED , COMPREHENSIVE STRATE GIC PLAN TO POSITION MARYLAND AS AN
EMERGING LEADER IN T HE FILM, TELEVISION, AND ENTERTAINMENT IN DUSTRY.
(B) THE COUNCIL MAY:
(1) ADOPT REGULATIONS TO CARRY OUT THIS SUBTI TLE; WES MOORE, Governor Ch. 70
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(2) ENTER INTO CO NTRACTS AND AGREEMEN TS;
(3) OBTAIN SERVICES ;
(4) ASK ANY OTHER UNIT O F THE STATE FOR ASSISTANCE AND DATA
THAT ENABLE THE COUNCIL TO CARRY OUT ITS POWERS AND DUTIE S;
(5) ACCEPT FEDERAL MONEY FOR ANY PURPOSE OF T HIS SUBTITLE;
AND
(6) ACCEPT GIFTS, DONATIONS, OR BEQUESTS FOR ANY PURPOSE OF
THIS SUBTITLE.
4–407.
STAFF FOR THE COUNCIL SHALL BE PROV IDED BY:
(1) THE DEPARTMENT ; AND
(2) ANY OTHER STATE AGENCY DESIGNAT ED BY THE GOVERNOR.
4–408.
THE COUNCIL:
(1) SHALL PUBLISH AN ANN UAL REPORT ON OR BEFORE JANUARY 1,
2026, AND EACH JANUARY 1 THEREAFTER , SHALL SUBMIT AN ANNU AL REPORT TO
THE GOVERNOR AND , IN ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT
ARTICLE, THE GENERAL ASSEMBLY; AND
(2) MAY PUBLISH OTHER MA TERIAL.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) It is the intent of the General Assembly that the Maryland Entertainment
Industry Council established under Section 1 of this Act be the successor of the Maryland
Entertainment Council established by Section 2 of Chapter 434 of the Acts of the General
Assembly of 2023.
(b) Subject to the limitations of § 4–403(c) and (d) of the Economic Development
Article, as enacted by Section 1 of this Act, the Governor may appoint an individual who
previously served on the Maryland Entertainment Council established by Section 2 of
Chapter 434 of the Acts of the General Assembly of 2023 to serve on the Maryland
Entertainment Industry Council established under Section 1 of this Act. Ch. 70 2024 LAWS OF MARYLAND
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(c) The terms of the initial appointed members of the Maryland Entertainment
Industry Council established by Section 1 of this Act shall expire as follows:
(1) 10 members in 2025; and
(2) 9 members in 2026.
SECTION 3. AND BE IT FURTHER ENACTED, That, on or before December 1,
2024, the Maryland Entertainment Industry Council established under Section 1 of this
Act shall submit a report to the Governor and, in accordance with § 2–1257 of the State
Government Article, the General Assembly on:
(1) an assessment of Maryland’s existing infrastructure, creative profile,
and core structural advantages that the State is uniquely positioned to leverage;
(2) recommendations on how to best utilize existing State offices,
commissions, and programs to advance Maryland’s film, television, and entertainment
industry and what, if any, additional investments should be made to support these State
functions;
(3) a clear definition of Maryland’s creative and competitive profile;
(4) recommendations to measure the economic impact of additional
investment in the film, television, and entertainment industry;
(5) recommendations regarding the expansion of eligibility for film
production incentives, including with respect to live to tape events, and the potential
economic impact from that expansion;
(6) recommendations to strengthen the structure and funding of the State’s
existing film and theatrical production incentives to ensure a greater return on investment
on Maryland’s investment in the film, television, and entertainment industry;
(7) recommendations for additional State investment to bolster identified
specialties and high–leverage growth opportunities in the film, television, and
entertainment industry;
(8) recommendations to support and grow Maryland’s independent
creative community and incentivize export promotions of Maryland–based talent;
(9) methods to bolster film–, television–, and entertainment–related
business development and identify potential industry partnerships;
WES MOORE, Governor Ch. 70
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(10) methods to sustainably grow the film, television, and entertainment
workforce and identify potential workforce development and higher education partners;
and
(11) other recommendations, as appropriate, to support and grow the
economic impact of Maryland’s film, television, and entertainment industry.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, April 9, 2024.