71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3186
 
                           A-Engrossed
 
                         Senate Bill 893
                  Ordered by the Senate April 6
            Including Senate Amendments dated April 6
 
Sponsored by Senator L BEYER
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Allocates moneys from Administrative Services Economic
Development Fund to   { - Oregon Film and Video Office - }
 { + Economic and Community Development Department + } for Oregon
Production Investment Fund. Establishes maximum limit for payment
of expenses from lottery funds.
  Requires  { + department upon certification of + } Oregon Film
and Video Office to reimburse television  { + or film + }
production company 10 percent of actual expenses incurred in
Oregon up to   { - $125,000 when filming television movie - }
 { +  $250,000 per production if production incurred actual
expenses of $1 million or more in Oregon + }.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the Oregon Film and Video Office; appropriating
  money; limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Oregon Production Investment Fund is
established in the State Treasury separate and distinct from the
General Fund. Interest earned by the Oregon Production Investment
Fund shall be credited to the fund. All moneys in the fund are
continuously appropriated for the purposes of reimbursements
authorized under section 3 of this 2001 Act.
  (2) The Economic and Community Development Department shall
administer the Oregon Production Investment Fund on behalf of the
Oregon Film and Video Office.
  (3) The Oregon Film and Video Office and the department shall
enter into an interagency agreement requiring:
  (a) The department to assist the Oregon Film and Video Office
by operating and distributing funds from the Oregon Production
Investment Fund; and
  (b) The Oregon Film and Video Office to certify actual expenses
for a production that are to be paid from the Oregon Production
Investment Fund by the department pursuant to section 3 of this
2001 Act. + }
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS chapter 285B. + }
 
  SECTION 3.  { + (1) After the Oregon Film and Video Office
certifies the actual expenses pursuant to section 1 of this 2001
Act, the Economic and Community Development Department shall
reimburse a bona fide television or film production company 10
percent of the actual expenses incurred in Oregon for a
production with actual expenses incurred in Oregon equal to or
greater than $1 million. A reimbursement paid under the
provisions of this subsection may not exceed $250,000 per
production.
  (2) The department shall pay reimbursements out of the Oregon
Production Investment Fund.
  (3)(a) The production company shall submit proof of actual
expenses in Oregon for which reimbursement is requested to the
Oregon Film and Video Office.
  (b) If the production company makes a request for reimbursement
for the salary or wage paid to an Oregon resident, the request
must be accompanied by proof that the employee is an Oregon
resident.
  (4) For the purposes of this section:
  (a) 'Actual expenses' means the costs of principal photography
and post-production incurred in Oregon for a production
including, but not limited to, the purchase or rental, as
applicable, of equipment, food and catering, lodging, real
property and permits, payments made to labor organizations for a
union member belonging to an Oregon-based chapter and salaries
and wages paid to Oregon residents.
  (b) 'Resident' means an individual who has lived in Oregon
continuously for a period of six months.
  (c) 'Production' means a television movie, one or more episodes
of a television series, or a film produced for release to
television, video, the Internet or theaters. 'Production' does
not mean the filming of a commercial, one or more segments of a
newscast or a sporting event. + }
  SECTION 4.  { + (1) There is allocated to the Economic and
Community Development Department from the Administrative Services
Economic Development Fund the amount identified in subsection (2)
of this section.
  (2) The amount of $2,000,000 is established for the biennium
beginning July 1, 2001, as the maximum limit for payment of
expenses by the department from the Administrative Services
Economic Development Fund for establishment of the Oregon
Production Investment Fund.
  (3) The allocation of moneys from the Administrative Services
Economic Development Fund under this section is subject to the
requirements in section 4, Article XV of the Oregon Constitution,
for deposit of 15 percent of the net proceeds from the Oregon
State Lottery into the Education Endowment Fund and into the
Parks and Natural Resources Fund and shall be made only after
satisfaction or payment of:
  (a) Amounts allocated to Westside lottery bonds issued under
ORS 391.140 or to the reserves or any refunding related to the
Westside lottery bonds in accordance with the priority for
allocation and disbursement established by ORS 391.130;
  (b) All liens, pledges or other obligations relating to lottery
bonds or refunding lottery bonds that are due or payable during
the biennium beginning July 1, 2001; and
  (c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery. + }
  SECTION 5.  { + This 2001 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2001 Act takes effect on its
passage. + }
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