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SENATE FLOOR VERSION
April 3, 2023
ENGROSSED HOUSE
BILL NO. 2459 By: Hill and McDugle of the
House
and
Hall of the Senate
An Act relating to revenue and taxation; amending 68
O.S. 2021, Sections 3632, 3635, and 3638, which
relate to the Filmed in Oklahoma Act of 2021;
modifying definitions; modifying incentive related to
certain post production activity; modifying
provisions related to appearance of logo in finished
productions; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 68 O.S. 2021, Section 3632, is
amended to read as follows:
Section 3632. As used in the Filmed in Oklahoma Act of 2021:
1. "Above-the-line personnel" means producers, principal cast,
screenwriters and directors who work o n production of films or
television series. The qualifying salary of above-the-line
personnel may be included as crew, as defined in paragraph 3 of this
section, if the salaries are paid to loan-out corporations and
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limited liability companies registered to do business in this state
or the salaries are paid to Oklahoma -based above-the-line personnel.
The qualifying salary of above -the-line personnel shall not comprise
more than twenty-five percent (25%) of total expenditures as defined
in paragraph 5 of this section. For purposes of this paragraph,
"Oklahoma-based" means a company or individual with an Oklahoma
income tax requirement;
2. "Apprentice" means a person who works for a skilled or
qualified person in order to learn a trade or profession for an
agreed-upon period of time. An apprentice may work in any of the
trades recognized by the Oklahoma Department of Commerce as
necessary for a film production. An apprentice shall be required to
complete safety training appropriate for the duties to be performed
in connection with a qualified project and also to complete a course
related to and with the object ive of preventing wo rkplace
misbehavior, such as bullying and sexual harassment;
3. "Crew" means any person who works on preproduction,
principal photography and postproduction, with the exception of
above-the-line-personnel above-the-line personnel;
4. "Eligible television series" means a project if either
seventy-five percent (75%) of the series season is filmed within the
state or, for an episodic television pilot, if more than seventy -
five percent (75%) of the pilot is filmed within the state;
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5. "Expenditure" or "production cost" includes but is not
limited to:
a. wages or salaries of persons who are residents of this
state or who are enrolled as full -time students at a
college or university located in the state offering an
undergraduate degree program or who are on active
military duty and stati oned in Oklahoma or involved in
a restorative workforce program and who have earned
income from working on a film in this state including
payments to personal services corporations with
respect to the services of qualified performing
artists, pursuant to the provisions of the Internal
Revenue Code, 26 U.S.C., Section 62(a)(2),
b. the cost of construction and operations, wardrobe,
accessories and related services,
c. the cost of photography, sound synchronization,
lighting and related services,
d. the cost of editing and related services,
e. rental of facilities and equipment,
f. other direct costs of producing a film, and
g. the wages and salaries of persons who are defined and
registered as an Oklahoma Expatr iate by the Office of
the Oklahoma Film and Musi c Commission;
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6. "Film" means a professional single media, multimedia program
or feature, which is not child pornography as defined in su bsection
A of Section 1024.1 of Title 21 of the Oklahoma Statutes or obscene
material as defined in paragraph 1 of sub section B of Section 1024.1
of Title 21 of the Oklahoma Statutes including, but not limited to,
national advertising messages that are bro adcast on a national
affiliate or cable net work, fixed on film or dig ital video, which
can be viewed or reproduced and which is exhibited in theaters,
licensed for exhibition by individual television stations, groups of
stations, networks, cable television stations or other means or
licensed for home viewing markets. The term shall also include
filming for interactive an d video gaming including, but not limited
to, green screen, motion capture and similar production techniques;
7. "Multi-film deal" means a project in which a production
company films at least seventy-five percent (75%) of main crew
principal photography f or three (3) or more films in this state
within three (3) years or where the third film starts main crew
principal photography within the three (3) year period;
8. "Nonresident crew member" means a person who is not an
Oklahoma resident, hired for a quali fying production project
occurring within the state and who is subject to the payment of
Oklahoma employment taxes;
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9. "Production company" means a person, producer or company who
produces film for exhib ition in theaters, on television or
elsewhere;
10. "Qualified production expenditure amount" means an
expenditure defined pursuant to paragraph 5 of this section; and
11. "Qualified soundstage facility" means a state certified
industry standard soundst age facility having not less than seven
thousand five hundred (7,500) square feet of combined soundstage
space and with a total state rental cost to the production company
equal to at least one percent (1%) three percent (3%) of the
qualifying Oklahoma expenditures with resp ect to a production.
SECTION 2. AMENDATORY 68 O.S. 2021, Section 3635, is
amended to read as follows:
Section 3635. A. Subject to the final approval of the
eligibility application by the Oklahoma Department of Comm erce, a
requirement that the incentive payments made pursuant to the
provisions of this act achieve the maximum positive impact for the
Oklahoma economy and subject to the Oklahoma workforce requirements
of Section 7 3637 of this act title, the base incentive amount for a
project filmed in this state, not including above-the-line
personnel, shall be a maximum of twenty thirty percent (20%) (30%)
of the qualified production expenditure amount. An incentive for a
project filmed in this state for wages paid to nonresident crew, not
including above-the-line personnel, before July 1, 2023, shall be
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provided in the amount of seven and one-half twenty percent (7.5%)
(20%).
B. In addition to the amount authorized by subsection A of this
section, there may be an additional incentive amount, subje ct to the
final approval of the Oklahoma Department of Commerce, in the
maximum amount of:
1. Three percent (3%) of the qualified production expenditure
amount for projects where at least twenty-five percent (25%) of main
crew principal photography days are filmed on loca tion, excluding
sound stage production, in any county of this state if the county
has a population of less than two hundred fifty thousand (250,000)
persons according to the federal Federal Decennial Census or most
recent population estimate;
2. Two percent (2%) of the qualified production expenditure
amount for projects whose hub location, as determined by the
Department, is or projects where at least twenty-five percent (25%)
of main crew principal photography days are filmed o n location,
excluding sound stage production, in a municipality having a
population of thirteen thousand (13,000) twenty-five thousand
(25,000) or fewer persons according to the federal Federal Decennial
Census or most recent population estim ate regardless of the county
in which the municipality is located or partially located;
3. Five percent (5%) of the qualified production expenditure
amount for soundstage expenditures if at least twenty-five percent
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(25%) of main crew principal photograph y days are filmed at a
qualified soundstage facility;
4. For eligible television series as defined in paragraph 4 of
Section 2 3632 of this act title:
a. two percent (2%) of the qualified production
expenditure amount for an eligible television episodic
pilot, and
b. five percent (5%) of the qualified production
expenditure amount if a television series is filmed
for one or more seasons;
5. Five percent (5%) of the qualified production expenditure
amount for an eligible multi-film deal as defined in paragraph 7 of
Section 2 3632 of this act title; and
6. On or after July 1, 2023, two percent (2%) of the qualified
production expenditure amount for the post production expenses of:
a. music production, recording, mixing, or composition,
or
b. licensing of Oklahoma music ;
7. Three percent (3%) of the qualified production expenditure
amount based on expenditures paid to Oklahoma vendors for post-
production expenses with a minimu m expenditure of three percent (3%)
of Oklahoma production expenditures . Post-production expenditures
include but are not limited to the following categories:
a. sound recording or mixing,
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b. color grading,
c. editorial work,
d. visual effects,
e. animation,
f. deliverables, excluding marketing and advertising,
g. music production, recording, mixing or composition,
h. licensing of Oklahoma music, and
i. editing equipment or editing facility rental,
h. color grading or digital intermediate processing,
i. audio post production processes including Foley artist
processes or services, and
j. graphics, including but not limited to the GFX system.
SECTION 3. AMENDATORY 68 O.S. 2021, Section 3638, is
amended to read as follows:
Section 3638. All production projects for which any incentive
is paid pursuant to t he provisions of this act shall contain a logo,
as approved by the Oklahoma Department of Commerce, to be displayed
in the end credits of the finished production for a period of at
least five (5) seconds or, if the production does not contain end
credits, the Oklahoma Department of Commerce shall obtain a
commitment by the production company to provide equivalent value as
determined by the Oklahoma Department of Commerce.
SECTION 4. Sections 1 and 3 of this act shall become effec tive
July 1, 2023.
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SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereo f this act shall take effect and
be in full force from and a fter its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON FINANCE
April 3, 2023 - DO PASS