Amended in Assembly April 27, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1941

Introduced by Assembly Member Lopez

(Coauthor: Assembly Member Chu)

February 12, 2016

An act to amend Sections 14998.2 and 14998.4 of the Government Code, relating to the California Film Commission.

LEGISLATIVE COUNSEL’S DIGEST

AB 1941, as amended, Lopez. California Film Commission: membership and duties.

Existing begin delete law end delete begin insert law, the Motion Picture, Television, and Commercial Industries Act of 1984, end insert establishes the California Film Commission within the Governor’s Office of Business and Economic Development. Under existing law, the Governor appoints 13 of the 26 members of the commission, with 6 of those appointments based upon specified occupational criteria. Existing law requires the commission to, among other duties, adopt guidelines for a standardized film permit. Existing law creates the Film Promotion and Marketing Fund, which, upon appropriation by the Legislature, is available to the commission to carry out its duties.

This bill would begin delete increase the number of members of the commission to 27 by adding an additional Governor’s appointee and would require that the additional end delete begin insert require one of the end insert Governor’s begin delete appointee end delete begin insert appointees to end insert be an independent filmmaker. The bill would also require the commission to begin delete establish procedures and services specifically directed end delete begin insert create on its Internet Web site a tab labeled “Independent Films” that contains information explaining certain film tax credits available to independent films and highlights the required allocation of 5 percent of the aggregate amount of the credits end insert to independent films.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 14998.2 of the Government Code is
amended to read:

14998.2.  

(a) There is in the Governor’s Office of Business
and Economic Development, the California Film Commission
consisting of begin delete 27 end delete begin insert 26 end insert members. The Governor shall appoint begin delete 14 end delete begin insert 13 end insert
members, the Senate Committee on Rules shall appoint four
members, the Speaker of the Assembly shall appoint four members,
and five members shall be ex officio. The members of the
commission appointed by the Governor may include representatives
of state and local government, motion picture development
companies, employee and professional organizations composed
of persons employed in the motion picture industry, and other
appropriate members of this or related industries.

All members of the commission, except legislators who are
appointed either by the Senate Committee on Rules or by the
Speaker of the Assembly, shall serve at the pleasure of the
appointing authority for a term of two years from the effective
date of the appointment.

(b) (1) One of the members appointed by the Senate Committee
on Rules shall, and another one may, be a Senator and one of the
members appointed by the Speaker of the Assembly shall, and
another one may, be a Member of the Assembly. These persons
shall be appointed for terms of four years.

(2)  Of the legislators appointed to the commission, no more
than three legislators from the same political party may be
appointed to or serve on the commission at the same time.

(c) Any legislator appointed shall serve as a voting member of
the commission, and shall meet with, and participate in the
activities of, the commission to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature, but shall only serve in that capacity while concurrently
serving as a Member of the Legislature. Whenever a legislator
vacates an office, the appointing power shall appoint another person
for a new full term.

(d) Seven of the begin delete 14 end delete begin insert 13 end insert members appointed by the Governor
shall be as follows:

(1) One shall be a member or employee of a union or guild of
motion picture artists.

(2) One shall be a member or employee of a union or guild
representing motion picture craftsmen, technicians, or
photographers.

(3) Two shall be from major motion picture studios.

(4) One shall be a member of the city council or a member of
the county board of supervisors of a city or a county with a
population of at least two million people.

(5) One shall be a member of the city council or a member of
the county board of supervisors of a city or a county with a
population of less than two million people.

(6) (A) One shall be an independent filmmaker.

(B) For purposes of this section, “independent filmmaker” means
a producer of a film that meets all of the following criteria:

(i) Has a running time of at least 75 minutes.

(ii) Is intended for commercial distribution to a motion picture
theater, directly to the home video market, directly to television,
or through the Internet.

(iii) Is produced by a company that is not publicly traded and
publicly traded companies do not own, directly or indirectly, more
than 25 percent of the producing company.

(e) The Director of Transportation shall serve as an ex officio
nonvoting member.

(f) The Director of Parks and Recreation shall serve as an ex
officio nonvoting member.

(g) The Commissioner of the California Highway Patrol shall
serve as an ex officio nonvoting member.

(h) The State Fire Marshal shall serve as an ex officio nonvoting
member.

(i) The director of the commission shall serve as an ex officio
nonvoting member.

SEC. 2.  

Section 14998.4 of the Government Code is amended
to read:

14998.4.  

(a) The commission shall meet at least quarterly and
shall select a chairperson and a vice chairperson from among its
members. The vice chairperson shall act as chairperson in the
chairperson’s absence.

(b) Each commission member shall serve without compensation
but shall be reimbursed for traveling outside the county in which
he or she resides to attend meetings.

(c) The commission shall work to encourage motion picture and
television filming in California and to that end, shall exercise all
of the powers provided in this chapter.

(d) The commission shall make recommendations to the
Legislature, the Governor, the Governor’s Office of Business and
Economic Development, and other state agencies on legislative or
administrative actions that may be necessary or helpful to maintain
and improve the position of the state’s motion picture industry in
the national and world markets.

(e) In addition, subject to the provision of funding appropriated
for these purposes, the commission shall do all of the following:

(1) Adopt guidelines for a standardized permit to be used by
state agencies and the director.

(2) Approve or modify the marketing and promotion plan
developed by the director pursuant to subdivision (d) of Section
14998.9 to promote filmmaking in the state.

(3) Conduct workshops and trade shows.

(4) Provide expertise in promotional activities.

begin delete

(5) Establish procedures and services specifically directed to
independent films.

end delete begin insert

(5) Create a tab on its Internet Web site labeled “Independent
Films.” The tab shall contain information explaining the film tax
credits available to independent films pursuant to Sections
17053.95 and 23695 of the Revenue and Taxation Code. The tab
shall also contain information relating to the application process
and shall highlight that the commission is required to allocate 5
percent of the aggregate amount of credits to independent films.

end insert

(6) Hold hearings.

(7) Adopt its own operational rules and procedures.

(8) Counsel the Legislature and the Governor on issues relating
to the motion picture industry.