Chapter 815
AN ACT
SB 635
Relating to the Oregon Production Investment
Fund; creating new provisions; amending ORS 284.368; and prescribing an
effective date.
Be It Enacted by the People of
the State of
SECTION 1. ORS 284.368 is amended to read:
284.368. (1) As used in this section:
(a) “Actual expenses”
means the costs paid in Oregon for principal photography, production or
postproduction in Oregon 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 may reimburse a bona fide television or film production company for a portion of the actual expenses paid
in
[(b) Maximum reimbursement for a single film, other than a television
series, shall be 10 percent of actual expenses paid or $250,000, whichever is
less. Maximum reimbursement for one or more episodes of a television series
shall be 10 percent of actual expenses paid or $30,000 per
episode produced in
(b) Maximum
reimbursement for a single film or television series shall be the total of:
(A) 10 percent of
payments made for employee salaries, wages and benefits for work done in
(B) 20 percent of all
other actual expenses paid in
(c) In order to qualify
for reimbursement under this section, total actual expenses paid for the film
must equal or exceed [$1 million]
$750,000.
(d) Reimbursement under
this section shall be made from moneys credited to or deposited in the Oregon
Production Investment Fund during the biennium in which the actual expenses
were paid or any prior biennium. A reimbursement may not be made to the extent
funds are not available in the fund to make the reimbursement.
(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 paid in
(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.
(c) The office may adopt
rules that establish a procedure for the submission and verification of actual
expenses.
SECTION 2. The amendments to ORS 284.368 by section 1
of this 2007 Act apply to films starting principal photography on or after
January 1, 2007.
SECTION 3. This 2007 Act takes effect on the 91st day
after the date on which the regular session of the Seventy-fourth Legislative
Assembly adjourns sine die.
Approved by the Governor July 17, 2007
Filed in the office of Secretary of State July 19, 2007
Effective date September 27, 2007
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