75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to RC to SB 621
 
LC 2254/SB 621-2
 
            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                         SENATE BILL 621
 
                     By COMMITTEE ON REVENUE
 
                             June 25
 
  On page 1 of the printed bill, line 2, after 'Fund;' insert '
creating new provisions;' and after '315.514;' insert ' repealing
sections 1 and 3, chapter ___, Oregon Laws 2009 (Enrolled Senate
Bill 863);'.
  On page 2, after line 8, insert:
  '  { +  SECTION 1a. + }  { + If Senate Bill 863 becomes law,
sections 1 (amending ORS 284.368) and 3, chapter ___, Oregon Laws
2009 (Enrolled Senate Bill 863), are repealed. + }
  '  { +  SECTION 1b. + } If Senate Bill 863 becomes law, ORS
284.368, as amended by section 1 of this 2009 Act, is amended to
read:
  ' 284.368. (1) As used in this section:
  ' (a) 'Actual Oregon 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.
  '  { +  (c) 'Filmmaker' means a person who owns a television or
film production company.
  ' (d) 'Local filmmaker' means a person who owns a television or
film production company that has its principal place of business
in this state.
  ' (e) 'Resident of this state' has the meaning given that term
in ORS 316.027. + }
  ' (2)(a) The Economic and Community Development Department may
reimburse a   { - bona fide television or film production
company - }  { +  filmmaker + } for a portion of the actual
Oregon expenses   { - of the television or film production
company - }  { +  incurred by the filmmaker + }.
  ' (b) Maximum reimbursement for a single film shall be the
total of:
  ' (A) 10 percent of payments made for employee salaries, wages
and benefits for work done in Oregon; and
  ' (B) 20 percent of all other actual Oregon expenses.
  ' (c)   { - In order - }  To qualify for reimbursement under
this
  { - section - }  { +  subsection + }, total actual Oregon
expenses for the film must equal or exceed $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 Oregon
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) The department may reimburse a local filmmaker
for all or a portion of the actual Oregon expenses incurred by
the local filmmaker.
  ' (b) To qualify for reimbursement under this subsection:
  ' (A) Total actual Oregon expenses paid for the film must be at
least $75,000 and less than $750,000;
  ' (B) The local filmmaker must have spent 80 percent of the
film's payroll on employees who are residents of this state; and
  ' (C) The local filmmaker must have employed or contracted with
a public accountant certified under ORS 673.040 for the provision
of payroll services.
  ' (4) 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 Oregon
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) - }  { +  (5)(a) + } Total actual Oregon expenses
supporting a claim for reimbursement under this section must be
verified by the Oregon Film and Video Office. The
 { - production company - }  { +  filmmaker + } must submit to
the office proof of the actual Oregon expenses. The proof must
include any documentation that may be required by the office in
its discretion to verify the actual Oregon expenses.
  ' (b) The office may charge the   { - production company - }
 { +  filmmaker + } for costs reasonably incurred to verify the
actual Oregon 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 - }  { +  filmmaker + } under this section.
  ' (c) The office may adopt rules that establish a procedure for
the submission and verification of actual Oregon expenses.
  '  { +  SECTION 1c. + }  { + If Senate Bill 863 becomes law,
the amendments to ORS 284.368 by section 1b of this 2009 Act
become operative on January 1, 2010, and apply to actual Oregon
expenses incurred by local filmmakers on or after January 1,
2010. + } ' .
                         ----------