Req. No. 13173 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 2110 By: Osburn COMMITTEE SUBSTITUTE [ revenue and taxation – program – findings – terms – rebates – administration – rules – requirements – exemption – applications – payments – apprentices – logo – appearance – Revolving Fund – expenditures – funds – date – codification – effective date ] BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. NEW LAW A new sect ion of law to be codified in the Oklahoma Statutes as Section 3642.1 of Title 68, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Bringing Sitcoms Home from Hollywood Pilot Program Act". SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3642.2 of Title 68, unless there is created a duplication in numbering, reads as follows: Req. No. 13173 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. The Legislature hereby finds that the production of live audience episodic television in Oklahoma not only provides jobs for Oklahomans and dollars for Oklahoma businesses, but also enhances the state's image nationwide with a focus on authentic storytelling targeting Middle America. The Legislature also finds that the entertainment industry is always seeking economical locations that can help cut the costs of production. The Legislature further finds that the State of Oklahoma, with the appropriate incentive, can become a strategic site for live audience episodic television production, that serves as strategic retention for the production of live audience epsiodic series in Oklahoma. It is therefore the intent of the Legislature that Oklahoma provide a pilot program incentive specifically for live audience episodic television production in this state, carving out a niche in the industry that Oklahoma can be known for. SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3642.3 of Title 68, unless there is created a duplication in numbering, reads as follows: A. As used in the Bringing Sitcoms Home from Hollywood Pilot Program Act, each of the definitions used in Section 3632 of Title 68 of the Oklahoma Statutes shall have the same meaning for purposes of this act. Req. No. 13173 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. In addition to the definitions referenced in subsection A of this section, as used in the Bringing Sitcoms Home from Hollywood Pilot Program Act: 1. "Live audience episodic series" means an episodic television series that is filmed in front of a live audience, which is not child sexual abuse material as defined in subsection A of Section 1024.1 of Title 21 of the Oklahoma Statutes or obscene material as defined in paragraph 1 of subsection B of Section 1024.1 of Title 21 of the Oklahoma Statutes including, but not limited to, live audience episodic series to be licensed for exhibition by individual television stations, groups of stations, networks, cable television stations, or other means or licensed for home viewing markets; 2. "Live audience episodic television" means episodic television filmed in front of a live audience intended for broadcast on network television, cable, and streaming platforms. The audience would consist of a minimum of fifty people; and 3. "Live audience studio facility" means a production facility to accommodate multi-camera operations and construction set and scenic elements with live audience seating. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3642.4 of Title 68, unless there is created a duplication in numbering, reads as follows: Req. No. 13173 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A. There is hereby created an incentive rebate program for eligible live audience episodic series filmed or produced in Oklahoma who meet the requirements of this act. B. The rebate program shall be administered by the Oklahoma Department of Commerce and the Oklahoma Tax Commission. C. The Oklahoma Department of Commerce shall collect separate metrics specific to the Bringing Sitcoms Home from Hollywood Pilot Program and incentive rebate payments for evaluation of this pilot program. D. The Oklahoma Department of Commerce and the Oklahoma Tax Commission may promulgate rules to implement the provisions of this act. E. To be eligible for a rebate payment, a production company shall: 1. Submit an application and documentation to the Oklahoma Department of Commerce as required by the Department; 2. Have filed any Oklahoma tax returns and tax documents required by law; 3. Provide evidence that all Oklahoma crew and local vendors have been paid and that there are no pending liens against the production company in this state; 4. Provide evidence of financing for production prior to the commencement of principal photography; Req. No. 13173 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 5. Provide evidence of a certificate of general liability insurance with a minimum coverage of One Million Dollars ($1,000,000.00) and a workers' compensation policy in compliance with law, which shall include coverage of employer's liability; and 6. Provide evidence, as required by the Department, that the projects pursuant to this act are completed. F. A production company shall not be eligible to receive both a rebate payment pursuant to the provisions of this act and an exemption from sales tax pursuant to the provisions of paragraph 23 of Section 1357 of Title 68 of the Oklahoma Statutes. If a production company has received the exemption from sales taxes and submits a claim for rebate pursuant to the provisions of this act, the company shall be required to fully repay the amount of the exemption to the Tax Commission. A claim for a rebate shall include documentation from the Tax Commission that repayment has been made as required in this subsection or shall include an affidavit from the production company that the company has not received an exemption from sales tax pursuant to the provisions of paragraph 23 of Section 1357 of Title 68 of the Oklahoma Statutes. G. The Department of Commerce Oklahoma Film and Music Office shall approve or disapprove all claims for rebate and shall notify the Oklahoma Tax Commission. The Oklahoma Tax Commission shall, upon notification of approval from the Oklahoma Film and Music Office, issue payment for all approved claims from funds in the Req. No. 13173 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Bringing Sitcoms Home from Hollywood Pilot Program Revolving Fund created in Section 3647 of this title. The amount of claims prequalified and approved by the Office for any single fiscal year shall not exceed Ten Million Dollars ($10,000,000.00). If the amount of approved claims exceeds the amount specified in this subsection in a fiscal year, payments shall be made in the order in which the claims are approved by the Oklahoma Film and Music Office. If an approved claim is not paid in whole or in part, the unpaid claim or unpaid portion may be paid upon the availability of funds. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3642.5 of Title 68, unless there is created a duplication in numbering, reads as follows: A. Subject to the final approval of the eligibility application by the Oklahoma Department of Commerce, a requirement that the incentive payments made pursuant to the provisions of the act achieve the maximum positive impact for the Oklahoma economy and subject to the Oklahoma workforce requirements of this title, the base incentive amount for a live audience episodic series filmed in this state, shall be a minimum of twenty-five percent (25%) of the qualified goods and services production expenditure amount with the following requirements: 1. Live audience episodic television series as defined in this title must meet all of the following requirements: Req. No. 13173 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a. minimum budget for the live audience episodic series shall be Two Hundred Thousand Dollars ($200,000.00) per episode, b. minimum of six (6) episodes per season produced, c. minimum of fifty live audience members in attendance for each episode filmed in a live audience studio facility. 2. For the production of live audience episodic series filmed in this state, wages paid to nonresident crew, shall be provided in a fixed amount of twenty percent (20%) and wages paid to resident crew, shall be provided in a fixed amount of thirty percent (30%). B. In addition to the amount authorized by subsection A of this section, there may be an additional incentive amount, subject 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 location, excluding soundstage 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 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 Req. No. 13173 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Department, is for projects where at least twenty-five percent (25%) of main crew principal photography days are filmed on location, in a municipality having a population of twenty-five thousand (25,000) or fewer persons according to the Federal Decennial Census or most recent population estimate regardless of the county in which the municipality is located or partially located; 3. Five percent (5%) of the qualified production expenditure amount for at least twenty-five percent (25%) of main crew principal photography days are filmed at a qualified soundstage facility; 4. Two percent (2%) of the qualified production expenditure amounts paid to an Oklahoma vendor for the post-production expenses of: a. music production, recording, mixing, or composition, or b. licensing of Oklahoma music, with a minimum expenditure of Twenty Thousand Dollars ($20,000.00); 5. Three percent (3%) of the qualified production expenditure amount based on expenditures paid to Oklahoma vendors for post- production expenses with a minimum 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, b. color grading, c. editorial work, Req. No. 13173 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 d. visual effects, e. animation, f. deliverables, excluding marketing and advertising, g. editing equipment or editing facility rental, h. color grading or digital intermediate processing, i. audio post-production processes including Foley artist processes or services, j. graphics, including, but not limited to, the GFX system. C. Notwithstanding any other provisions of this section or the provisions of the act to the contrary, in no case shall the total incentive payments authorized by this section exceed thirty percent (30%) of the otherwise qualified goods and services production expenditure amount. The incentive payment amount prescribed by subsection A of this section may be used in any combination with the additional incentive amounts authorized by subsection B of this section, but the combination of the incentive amounts shall not exceed thirty percent (30%). D. To qualify for the maximum twenty-five percent (25%) base incentive payment on qualified goods and services production expenditures for Oklahoma in live audience episodic series pursuant to subsection A of this section, the project shall utilize the services of apprentices according to the following requirements: Req. No. 13173 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1. For a production with Oklahoma expenditures of Seven Million Five Hundred Thousand Dollars ($7,500,000.00) or less, two apprentices; 2. For a production with Oklahoma expenditures greater than Seven Million Five Hundred Thousand Dollars ($7,500,000.00) and Fifteen Million Dollars ($15,000,000.00) or less, four apprentices; 3. For a production with Oklahoma expenditures greater than Fifteen Million Dollars ($15,000,000.00) and Twenty-five Million Dollars ($25,000,000.00) or less, eight apprentices; and 4. For a production with Oklahoma expenditures greater than Twenty-five Million Dollars ($25,000,000.00), sixteen apprentices. E. All production projects for which any incentive is paid pursuant to the provisions of this act shall contain a logo, as approved by the Oklahoma Department of Commerce, to be displayed in the credits of the finished production for a period of at least five (5) seconds or, if the production does not contain 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 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3642.6 of Title 68, unless there is created a duplication in numbering, reads as follows: A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Tax Commission to be designated the "Bringing Req. No. 13173 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sitcoms Home from Hollywood Pilot Program Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Tax Commission which are specifically required by law to be deposited in the fund, any public or private donations, contributions and gifts received for the benefit of the fund and any amounts appropriated by the Oklahoma Legislature. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Tax Commission for the purpose of paying rebates as provided in this act. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment. B. Funds from the Bringing Sitcoms Home from Hollywood Pilot Program Revolving Fund shall only be used for the purpose of live audience episodic series filmed in Oklahoma with a live studio audience. C. Any unencumbered funds remaining in the Bringing Sitcoms Home from Hollywood Pilot Program Revolving Fund upon the expiration of this act, any remaining funds shall be transferred to the State Treasurer for deposit in the General Revenue Fund. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 3642.7 of Title 68, unless there is created a duplication in numbering, reads as follows: Req. No. 13173 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 The provisions of the Bringing Sitcoms Home from Hollywood Pilot Program Act shall be terminated effective July 1, 2032. SECTION 8. This act shall become effective November 1, 2025. 60-1-13173 JM 03/05/25