BILL ANALYSIS Ó
AB 1941
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CONCURRENCE IN SENATE AMENDMENTS
AB
1941 (Lopez)
As Amended June 6, 2016
Majority vote
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|ASSEMBLY: |78-0 |(May 12, 2016) |SENATE: |37-0 |(June 30, 2016) |
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Original Committee Reference: A.,E.,S.,T., & I.M.
SUMMARY: Requires the Governor to appoint an independent
filmmaker and an independent commercial producer as two of her
or his appointees to the California Film Commission
(Commission). Requires the Commission to post information
relating to independent film productions on its website.
The Senate amendments:
1)Add language specifying that one Commission appointment shall
be a member who is an independent commercial producer, or
employee of a trade association representing independent
commercial producers.
2)Provides that 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
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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 Title 18
of the United States Code Section 2257 apply.
EXISTING LAW:
1)Establishes the Governor's Office of Business and Economic
Development (GO-Biz) to serve as the lead state entity for
economic strategy and marketing of California on issues
relating to business development, private sector investment,
and economic growth. (Government Code (GC) Sections 12096 to
12098.5)
2)Establishes the Commission to encourage motion picture and
television filming in California and make recommendations to
the Legislature, the Governor, and GO-Biz to improve the
position of the state's motion picture industry in the
national and world markets. (GC Sections 14998 to 14999.55)
3)Requires Commission membership to conform to a number of
requirements including, but not limited to, the following:
(GC Section 14998.2)
a) Commission shall consist 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.
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b) 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.
c) Six of the 13 members appointed by the Governor shall be
as follows:
i) One shall be a person who is a member or employee of
a union or guild of motion picture artists.
ii) One shall be a person who is a member or employee of
a union or guild representing motion picture craftsmen,
technicians, or photographers.
iii) Two shall be from major motion picture studios.
iv) 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.
v) 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.
d) One of the members appointed by the Senate Committee on
Rules shall, and another one may, be a Senator. One of the
members appointed by the Speaker of the Assembly shall, and
another one may, be a Member of the Assembly.
e) The five ex-officio members shall include: the Director
of Transportation, the Director of Parks and Recreation,
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the Commissioner of the California Highway Patrol, the
State Fire Marshal, and the Director of the Commission.
f) All members of the Commission, except Legislators
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. Legislators appointed
by the Senate Committee on Rules or by the Speaker of the
Assembly shall be appointed for four year terms. Whenever
a Legislator vacates an office, the appointing power shall
appoint another person for a new full term.
g) 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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee on April 27, 2016, any costs to the Commission
resulting from this measure would be minor and absorbable.
COMMENTS: According to the California Film Commission, almost a
quarter of all filming permits they issue are for commercials:
specifically in 2015 the percentage was 23.7% and in 2014 the
percentage of permits issued for commercials was 22%. The
author believes that this comparatively large subgroup of
permittee should have a voice on the Commission.
Analysis Prepared by:
Dana Mitchell / A.,E.,S.,T., & I.M. / (916)
319-3450
FN: 0003598
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