BILL ANALYSIS Ó AB 1941 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1941 (Lopez) As Amended June 6, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 12, 2016) |SENATE: |37-0 |(June 30, 2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- 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 AB 1941 Page 2 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. AB 1941 Page 3 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, AB 1941 Page 4 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 AB 1941 Page 5