BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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