BILL NUMBER: AB 1941 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 6, 2016
AMENDED IN ASSEMBLY APRIL 27, 2016
AMENDED IN ASSEMBLY APRIL 4, 2016
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 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. permit and to
administer the qualified motion picture tax credits.
This bill would require one of the Governor's appointees to be an
independent filmmaker. 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. The
bill would also require the commission to create on its Internet Web
site a tab navigational link labeled
"Independent Films" that contains information explaining
certain film tax qualified motion picture tax
credits available to independent films and highlights the required
allocation of 5 percent 5% 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:
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 26
members. The Governor shall appoint 13 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 Eight of the 13 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.
(7) (A) One shall be a member who is an independent commercial
producer, or employee of a trade association representing independent
commercial producers.
(B) For purposes of this section, "independent commercial producer"
means a producer who owns or is employed by a company that is
principally engaged in the physical or digital production of
advertising content for advertisers, has control over the selection
of production location, deployment, or management of the production
equipment, and directly employs the production crew as the person
that has control over the hiring and firing of the crew for a
commercial production. The company shall not be wholly or partly
owned or operated by an advertising agency or an advertiser or be
publicly traded. The company shall also not produce any production to
which the recordkeeping requirements of Section 2257 of Title 18 of
the United States Code apply.
(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.
(5) Create a tab navigational link
on its Internet Web site labeled "Independent Films." The
tab navigational link shall contain information
explaining the film qualified motion picture
tax credits available to independent films pursuant to Sections
17053.95 and 23695 of the Revenue and Taxation Code. The
tab navigational link 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.
(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.