Amended in Senate June 6, 2016

Amended in Assembly April 27, 2016

Amended in Assembly April 4, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 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 law, the Motion Picture, Television, and Commercial Industries Act of 1984, 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 filmbegin delete 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.end deletebegin insert permit and to administer the qualified motion picture tax credits.end insert

This bill would require one of the Governor’s appointees to be an independentbegin delete filmmaker.end deletebegin insert filmmaker and would also require one of the Governor’s appointees to be a member who is an independent commercial producer, or an employee of a trade association representing independent commercial producers.end insert The bill would also require the commission to create on its Internet Web site abegin delete tabend deletebegin insert navigational linkend insert labeled “Independent Films” that contains information explainingbegin delete certain film taxend deletebegin insert qualified motion picture taxend insert credits available to independent films and highlights the required allocation ofbegin delete 5 percentend deletebegin insert 5%end insert of the aggregate amount of the credits 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:

P2    1

SECTION 1.  

Section 14998.2 of the Government Code is
2amended to read:

3

14998.2.  

(a) There is in the Governor’s Office of Business
4and Economic Development, the California Film Commission
5consisting of 26 members. The Governor shall appoint 13 members,
6the Senate Committee on Rules shall appoint four members, the
7Speaker of the Assembly shall appoint four members, and five
8members shall be ex officio. The members of the commission
9appointed by the Governor may include representatives of state
10and local government, motion picture development companies,
11employee and professional organizations composed of persons
12employed in the motion picture industry, and other appropriate
13members of this or related industries.

14All members of the commission, except legislators who are
15appointed either by the Senate Committee on Rules or by the
16Speaker of the Assembly, shall serve at the pleasure of the
17appointing authority for a term of two years from the effective
18date of the appointment.

19(b) (1) One of the members appointed by the Senate Committee
20on Rules shall, and another one may, be a Senator and one of the
21members appointed by the Speaker of the Assembly shall, and
22another one may, be a Member of the Assembly. These persons
23shall be appointed for terms of four years.

24(2)  Of the legislators appointed to the commission, no more
25than three legislators from the same political party may be
26appointed to or serve on the commission at the same time.

27(c) Any legislator appointed shall serve as a voting member of
28the commission, and shall meet with, and participate in the
P3    1activities of, the commission to the extent that participation is not
2incompatible with his or her position as a Member of the
3Legislature, but shall only serve in that capacity while concurrently
4serving as a Member of the Legislature. Whenever a legislator
5vacates an office, the appointing power shall appoint another person
6for a new full term.

7(d) begin deleteSeven end deletebegin insertEight end insertof the 13 members appointed by the Governor
8shall be as follows:

9(1) One shall be a member or employee of a union or guild of
10motion picture artists.

11(2) One shall be a member or employee of a union or guild
12representing motion picture craftsmen, technicians, or
13 photographers.

14(3) Two shall be from major motion picture studios.

15(4) One shall be a member of the city council or a member of
16the county board of supervisors of a city or a county with a
17population of at least two million people.

18(5) One shall be a member of the city council or a member of
19the county board of supervisors of a city or a county with a
20population of less than two million people.

21(6) (A) One shall be an independent filmmaker.

22(B) For purposes of this section, “independent filmmaker” means
23a producer of a film that meets all of the following criteria:

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

25(ii) Is intended for commercial distribution to a motion picture
26theater, directly to the home video market, directly to television,
27or through the Internet.

28(iii) Is produced by a company that is not publicly traded and
29publicly traded companies do not own, directly or indirectly, more
30than 25 percent of the producing company.

begin insert

31
(7) (A) One shall be a member who is an independent
32commercial producer, or employee of a trade association
33representing independent commercial producers.

end insert
begin insert

34
(B) For purposes of this section, “independent commercial
35producer” means a producer who owns or is employed by a
36company that is principally engaged in the physical or digital
37production of advertising content for advertisers, has control over
38the selection of production location, deployment, or management
39of the production equipment, and directly employs the production
40crew as the person that has control over the hiring and firing of
P4    1the crew for a commercial production. The company shall not be
2wholly or partly owned or operated by an advertising agency or
3an advertiser or be publicly traded. The company shall also not
4produce any production to which the recordkeeping requirements
5of Section 2257 of Title 18 of the United States Code apply.

end insert

6(e) The Director of Transportation shall serve as an ex officio
7nonvoting member.

8(f) The Director of Parks and Recreation shall serve as an ex
9officio nonvoting member.

10(g) The Commissioner of the California Highway Patrol shall
11serve as an ex officio nonvoting member.

12(h) The State Fire Marshal shall serve as an ex officio nonvoting
13member.

14(i) The director of the commission shall serve as an ex officio
15nonvoting member.

16

SEC. 2.  

Section 14998.4 of the Government Code is amended
17to read:

18

14998.4.  

(a) The commission shall meet at least quarterly and
19shall select a chairperson and a vice chairperson from among its
20members. The vice chairperson shall act as chairperson in the
21chairperson’s absence.

22(b) Each commission member shall serve without compensation
23but shall be reimbursed for traveling outside the county in which
24he or she resides to attend meetings.

25(c) The commission shall work to encourage motion picture and
26television filming in California and to that end, shall exercise all
27of the powers provided in this chapter.

28(d) The commission shall make recommendations to the
29Legislature, the Governor, the Governor’s Office of Business and
30Economic Development, and other state agencies on legislative or
31administrative actions that may be necessary or helpful to maintain
32and improve the position of the state’s motion picture industry in
33the national and world markets.

34(e) In addition, subject to the provision of funding appropriated
35for these purposes, the commission shall do all of the following:

36(1) Adopt guidelines for a standardized permit to be used by
37state agencies and the director.

38(2) Approve or modify the marketing and promotion plan
39developed by the director pursuant to subdivision (d) of Section
4014998.9 to promote filmmaking in the state.

P5    1(3) Conduct workshops and trade shows.

2(4) Provide expertise in promotional activities.

3(5) Create abegin delete tabend deletebegin insert navigational linkend insert on its Internet Web site labeled
4“Independent Films.” Thebegin delete tabend deletebegin insert navigational linkend insert shall contain
5information explaining thebegin delete filmend deletebegin insert qualified motion pictureend insert tax credits
6available to independent films pursuant to Sections 17053.95 and
723695 of the Revenue and Taxation Code. Thebegin delete tabend deletebegin insert navigational
8linkend insert
shall also contain information relating to the application
9process and shall highlight that the commission is required to
10allocate 5 percent of the aggregate amount of credits to independent
11films.

12(6) Hold hearings.

13(7) Adopt its own operational rules and procedures.

14(8) Counsel the Legislature and the Governor on issues relating
15to the motion picture industry.



O

    96