BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  SB  
          1131
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          SB 1131  Author:  Calderon
          As Introduced:  February 18, 2010
          Hearing Date:  April 13, 2010
          Consultant:  Art Terzakis


                                     SUBJECT  
                 Filming Commercials: state funding prohibition

                                   DESCRIPTION
           
          SB 1131 prohibits the state from expending any state funds  
          for the purpose of filming or producing commercials or  
          other filmed materials outside of California.

                                   EXISTING LAW

           Under existing law (Government Code Section 11080),  
          whenever a state agency is required or authorized by law to  
          prepare and cause the publishing of any notice,  
          advertisement or publication in any newspaper or other  
          medium, that agency is required to properly prepare the  
          notice, advertisement, or publication and deliver it to the  
          Department of General Services in due time for publication.  



          Existing law provides for the California Film Commission  
          which offers free on-line permitting for all state property  
          including state parks and beaches, freeways, roads, and  
          government buildings. California has a network of over 50  
          Regional Film Offices across the state to provide localized  
          support, detailed location information and facilitate the  
          permit process.  Existing law also provides various  
          incentives, including tax incentives, to specified entities  
          that undertake film production in California.




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                                    BACKGROUND
           
           Purpose of SB 1131:   The author's office notes that  
          California's motion picture industry is an essential source  
          of economic activity, tax revenue, jobs and tourism for the  
          state.  Specifically, film, television and commercial  
          production activities contribute more than $40 billion to  
          California's economy and directly employ almost 250,000  
          workers.  

          Other states and countries are working to build up their  
          long-term infrastructure with stage construction and post  
          production facilities.  For example, New Mexico, Louisiana,  
          Massachusetts, and Toronto are building large multi-studio  
          facilities. The author's office points out that between  
          2001 and 2006 the City of San Francisco witnessed a loss of  
          production spending totaling $123,403,000 and a loss of  
          $8,417,000 in state and local tax revenues. During this  
          time frame, San Francisco film production employment  
          dropped 43%.  On the other hand, production dollars spent  
          in Louisiana grew from $3.5 million in 2002 to $400 million  
          in 2007.  

          The recently enacted California Production Tax Incentive  
          Program, SB 15XXX (Calderon) of 2009, specifically targets  
          productions that are most likely to leave the state due to  
          incentives being offered by other states and countries. The  
          author's office asserts that SB 1131 is an important next  
          step - "California has invested millions of dollars to  
          ensure that we make every effort to retain production  
          activity in California." The author's office emphasizes that  
          "to allow California tax dollars to be spent supporting  
          production companies that have moved a project out-of-state  
          is simply unacceptable - SB 1131 is intended to ensure that  
          California does not make this mistake."

                            PRIOR/RELATED LEGISLATION
           
           SB 15XXX (Calderon) Chapter 17, Statutes of 2009.   Among  
          other things, established a motion picture production tax  
          credit, as specified, to be administered by the California  
          Film Commission.
           
          SB 1356 (Murray) Chapter 715, Statutes of 2002.   Expanded  




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          eligible costs for which film production can receive  
          reimbursements under the Film California First Program  
          administered by the California Film Commission.

           SJR 28 (Murray) Resolution Chapter 80 of 2002.   Urged  
          Congress to enact the Independent Film and Television  
          Production Incentive Act of 2001 which would grant tax  
          credits of 25% for certain wages in the production of films  
          and television programs in the U.S., and 35% of wages that  
          are paid in low income areas.

           AB 484 (Kuehl) Chapter 699, Statutes of 2000.   Established  
          the California First Program, administered by the  
          Technology, Trade and Commerce Agency, to assist production  
          companies by providing various incentives and assistance in  
          using state leased property.

           SUPPORT:   As of April 9, 2010:

          CA Conference Board of the Amalgamated Transit Union
          CA Conference of Machinists
          California Teamsters Public Affairs Council
          Engineers and Scientists of CA, IFPTE Local 20
          International Longshore and Warehouse Union
          Jockeys' Guild
          Professional and Technical Engineers, IFPTE Local 21
          UNITE-HERE
          United Food & Commercial Workers Western States Council

           OPPOSE:   None on file as of April 9, 2010.

           DUAL REFERRAL:   Senate Appropriations Committee