72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 819
Senate Bill 79
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor Theodore R.
Kulongoski for the Office of the Governor)
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 as
introduced.
Establishes Oregon Production Investment Fund.
Requires Economic and Community Development Department, upon
verification by Oregon Film and Video Office, to reimburse
television or film production company 10 percent of actual
expenses incurred in Oregon, up to $250,000 per production, if
production costs in Oregon exceed $1 million.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to the Oregon Production Investment Fund; appropriating
money; limiting expenditures; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2003 Act are added to
and made a part of ORS chapter 285B. + }
SECTION 2. { + 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 to the Economic and Community
Development Department for the purpose of making the
reimbursements authorized under section 3 of this 2003 Act.
Expenditures from the fund are not subject to ORS 291.232 to
291.260. + }
SECTION 3. { + (1) As used in this section:
(a) 'Actual expenses' means the costs of principal photography
and postproduction incurred in Oregon for production of a film,
including but not limited to the purchase or rental cost of
equipment, food, lodging, real property and permits and payments
made for salaries, wages and benefits for work in Oregon.
(b) 'Film' means a television movie or one or more episodes of
a single television series, or a movie produced for release to
theaters, video or the Internet. 'Film' does not include the
production of a commercial or one or more segments of a newscast
or sporting event.
(2)(a) The Economic and Community Development Department shall
reimburse a bona fide television or film production company for a
portion of the actual expenses incurred in Oregon by the
television or film production company to produce a film.
(b) Maximum reimbursement for a single film, other than a
television series, shall be 10 percent of actual expenses or
$250,000, whichever is less. Maximum reimbursement for one or
more episodes of a television series shall be 10 percent of
actual expenses or $30,000 per episode produced in Oregon,
whichever is less.
(c) In order to qualify for reimbursement under this section,
total actual expenses for the film must equal or exceed $1
million.
(d) Reimbursement under this section shall be made from moneys
credited to or deposited in the Oregon Production Investment Fund
for the biennium in which the actual expenses were incurred.
(3)(a) Total actual expenses supporting a claim for
reimbursement under this section must be verified by the Oregon
Film and Video Office. The production company must submit to the
office proof of the actual expenses incurred in Oregon to produce
the film. The proof must include any documentation that may be
required by the office in its discretion to verify the actual
expenses.
(b) The office may charge the production company for costs
reasonably incurred to verify the actual expenses, including but
not limited to the cost for a review or audit of the supporting
documentation by an accountant or auditor. The office may require
the department to deduct the costs incurred by the office in
performing its review or audit from any reimbursement made to the
production company under this section. + }
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, 2003, 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 Stability Fund established under
ORS 348.696 and into the Parks and Natural Resources Fund
established under ORS 541.377 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, appropriation 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, 2003; and
(c) Amounts required by any other pledges of, or liens on, net
proceeds from the Oregon State Lottery. + }
SECTION 5. { + This 2003 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2003 Act takes effect on its
passage. + }
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