2009 California Government Code - Section 14998-14998.13 :: Chapter 1. California Film Commission

GOVERNMENT CODE
SECTION 14998-14998.13

14998.  This chapter shall be known, and may be cited as, the Motion
Picture, Television, and Commercial Industries Act of 1984.

14998.1.  The Legislature finds that motion picture production in
California provides unique and significant contributions to the
economy of California and to the cultural enrichment of its citizens,
as well as providing a unique form of entertainment for the state,
country, and the world at large. The Legislature finds that
expenditures for hotels, catered food, leases of equipment and
property, transportation, and wages and salaries paid to individuals
in California as a result of motion picture production benefit the
California economy directly and indirectly.
   However, the Legislature finds that the significant benefits
provided to California by motion picture production are in jeopardy
as a result of the concerted efforts of other states and countries to
lure this production away from California.
   Therefore, the Legislature finds a need for concerted efforts by
California state and local governments to provide an environment
supportive of, and conducive to, the undertakings of the motion
picture industry in this state. A key element of this effort is to
make California as uniform as possible in the local regulation and
permitting of the film industry; as close to a "one-stop permitting"
approach as possible.

14998.2.  (a) There is in the Business, Transportation, and Housing
Agency, the California Film Commission consisting of 26 members. The
Governor shall appoint 13 members, the Senate Committee on Rules
shall appoint four members, the Speaker of the Assembly shall appoint
four members, and five members shall be ex officio. The members of
the commission appointed by the Governor may include representatives
of state and local government, motion picture development companies,
employee and professional organizations composed of persons employed
in the motion picture industry, and other appropriate members of this
or related industries.
   All members of the commission, except legislators who are
appointed either by the Senate Committee on Rules or by the Speaker
of the Assembly, shall serve at the pleasure of the appointing
authority for a term of two years from the effective date of the
appointment.
   (b) (1) One of the members appointed by the Senate Committee on
Rules shall, and another one may, be a Senator and one of the members
appointed by the Speaker of the Assembly shall, and another one may,
be a Member of the Assembly. These persons shall be appointed for
terms of four years.
   (2) Of the legislators appointed to the commission, no more than
three legislators from the same political party may be appointed to
or serve on the commission at the same time.
   (c) Any legislator appointed shall serve as a voting member of the
commission, and shall meet with, and participate in the activities
of, the commission to the extent that participation is not
incompatible with his or her position as a Member of the Legislature,
but shall only serve in that capacity while concurrently serving as
a Member of the Legislature. Whenever a legislator vacates an office,
the appointing power shall appoint another person for a new full
term.
   (d) Six of the 13 members appointed by the Governor shall be as
follows:
   (1) One shall be a person who is a member or employee of a union
or guild of motion picture artists.
   (2) One shall be a person who is a member or employee of a union
or guild representing motion picture craftsmen, technicians, or
photographers.
   (3) Two shall be from major motion picture studios.
   (4) One shall be a member of the city council or a member of the
county board of supervisors of a city or a county with a population
of at least two million people.
   (5) One shall be a member of the city council or a member of the
county board of supervisors of a city or a county with a population
of less than two million people.
   (e) The Director of Transportation shall serve as an ex officio
nonvoting member.
   (f) The Director of Parks and Recreation shall serve as an ex
officio nonvoting member.
   (g) The Commissioner of the California Highway Patrol shall serve
as an ex officio nonvoting member.
   (h) The State Fire Marshal shall serve as an ex officio nonvoting
member.
   (i) The director of the commission shall serve as an ex officio
nonvoting member.

14998.3.  (a) The commission shall submit a list of recommended
candidates for the position of Director of the Film Commission to the
Governor for consideration. The Governor shall appoint the director.
   (b) The Director of the Film Commission shall receive a salary to
be determined by the Department of Personnel Administration.
   (c) The secretary, or his or her designee, shall act as the
director during the absence from the state or other temporary
absence, disability, or unavailability of the director, or during a
vacancy in that position.

14998.4.  (a) The commission shall meet at least quarterly and shall
select a chairperson and a vice chairperson from among its members.
The vice chairperson shall act as chairperson in the chairperson's
absence.
   (b) Each commission member shall serve without compensation but
shall be reimbursed for traveling outside the county in which he or
she resides to attend meetings.
   (c) The commission shall work to encourage motion picture and
television filming in California and to that end, shall exercise all
of the powers provided in this chapter.
   (d) The commission shall make recommendations to the Legislature,
the Governor, the Business, Transportation and Housing Agency, and
other state agencies on legislative or administrative actions that
may be necessary or helpful to maintain and improve the position of
the state's motion picture industry in the national and world
markets.
   (e) In addition, subject to the provision of funding appropriated
for these purposes, the commission shall do all of the following:
   (1) Adopt guidelines for a standardized permit to be used by state
agencies and the director.
   (2) Approve or modify the marketing and promotion plan developed
by the director pursuant to subdivision (d) of Section 14998.9 to
promote filmmaking in the state.
   (3) Conduct workshops and trade shows.
   (4) Provide expertise in promotional activities.
   (5) Hold hearings.
   (6) Adopt its own operational rules and procedures.
   (7) Counsel the Legislature and the Governor on issues relating to
the motion picture industry.

14998.5.  The commission is authorized to contract for production
consultants and appoint an advisory board. No member of the advisory
board shall receive any compensation, or use the name of the
commission on any letterhead, business card, or identification badge
except to the extent that the person is authorized to do so by the
commission.

14998.55.  The commission shall release annually the number of
motion picture starts that occurred within the State of California.

14998.6.  The director of the commission shall provide staff support
to the California Film Commission. When needed, the secretary may
assign additional staff on a temporary or permanent basis.

14998.7.  Any funds appropriated to, or for use by, the California
Film Commission for purposes of this chapter, shall be under the
control of the secretary or his or her designee.

14998.8.  (a) The director of the commission shall be the permitting
authority for the use of state-owned property and state employee
services for the purpose of making commercial motion pictures. The
commission may establish fees not to exceed the actual cost of the
affected state agency for this purpose. All fees collected pursuant
to this section shall be deposited in the Film Transfer Account,
which is hereby created in the Special Deposit Fund, for disbursement
by the director to reimburse the operating departments for their
actual costs.
   (b) The director shall assure a "one-stop" permit process for
applications for permission to use state-owned property for motion
pictures. In so doing, applications for permission to use state
property for making motion pictures shall be made to the director of
the commission who, promptly upon receipt of such an application,
shall contact the state agency having jurisdiction over the property
specified in the application for the concurrence of the agency in the
use of property. The denial of an application may be made on the
basis of any of the following:
   (1) The use would unduly interfere with the conduct of state
business.
   (2) Failure of the permittee to provide full insurance or bond
coverage, if required by the Department of General Services, or the
affected agency, sufficient to reimburse the state for any
user-caused damage to the property and to provide adequate personal
liability insurance coverage.
   The use of state property shall be denied, if it is determined
that the use would violate or be in conflict with existing provisions
of statute or regulation by the director of the department, agency,
or commission responding to a permit request.
   (c) Any state agency having management and control over state
property, the use of which is sought by an application, shall permit
the property to be used, unless otherwise denied by the provisions of
this section.
   (d) Nothing in this section requires a state agency to take any
action not authorized by law or to make any decision in a manner or
by a method not authorized by law or which is prohibited by law.
   (e) If in connection with the use of roads, highways, and
freeways, the assistance, control, or protection by California
Highway Patrol officers is desired, applications to the director to
utilize services of California Highway Patrol officers in the
production of motion pictures shall be made directly to the
Commissioner of the California Highway Patrol. The commissioner may
approve the application if employees are available and the agency is
fully reimbursed for additional costs incurred. Applications to
utilize California Highway Patrol employee services shall be approved
or disapproved by the commissioner.
   (f) The director, whenever feasible, shall approve or deny any
application within 24 hours. In the event that the director of the
department or agency having jurisdiction over the property specified
in the application permit takes no action to disapprove the
application within five working days, the application shall be deemed
approved by the director. If the director of the department or
agency determines that he or she is unable to concur or deny an
application within five working days and so notifies the director
within five working days of the application, the director shall then
have a total of 10 days from receipt of the application to deny the
application. In the event no action is taken by the director within
the 10-day period, the application shall be deemed approved by the
director.
   (g) At least 30 days prior to adoption of state regulations,
rules, written guidelines, or policies that would have clear,
explicit, and definite implications for the production of motion
pictures on state-owned property by a state agency, including any of
that agency's district or regional offices, other than for immediate
health and safety purposes, the agency shall submit a written copy to
the director. The commission shall review the proposal and report
its findings to the submitting agency within five working days of
receipt of the materials sent. The submitting agency shall consider
the commission's findings prior to final adoption of the regulations,
rules, written guidelines, or policies, unless the commission's
findings are not made available to the submitting agency within the
above prescribed time limits. Any and all findings made by the
commission pursuant to this section shall be advisory. The submitting
agency shall provide the commission with a final written copy of its
adopted regulations, rules, written guidelines, or policies.

14998.9.  The director of the commission shall prepare and implement
a program to promote the production of motion pictures and still
photography for the benefit of the state's economy.
   Subject to the provision of funding appropriated for these
purposes, the program shall do, but shall not be limited to doing,
all of the following:
   (a) Administer a one-stop permit office, pursuant to subdivision
(b) of Section 14998.8, which shall issue permits for the use of
state property for filmmaking.
   (b) Implement the guidelines or regulations for a standardized
permit procedure for all state agencies pursuant to guidelines
adopted by the commission under Section 14998.4.
   (c) Update and expand the location resource library.
   (d) Produce and implement a marketing and promotion plan for
filmmaking in California which shall be subject to the approval of
the commission. The purpose of the plan shall be to design a program
for the preparation and distribution of appropriate promotional and
informational materials pointing out desirable locations within the
state for the production of motion pictures, explaining the benefits
and advantages of producing motion pictures within the state
government, as well as those services available at the local level
and within the industry.
   (e) Conduct workshops to assist local governments to adopt uniform
permit procedures and to establish film development offices.
   (f) Request and obtain any information from state entities
necessary to carry out the purposes of this section.
   (g) Accept grant moneys for the purpose of implementing this
section.
   (h) Accept gifts and donations for the purpose of implementing
this section.

14998.10.  It is the intent of the Legislature to encourage local
governments to develop uniform procedures for issuing permits and to
charge fees for the use of agency property or employee services,
which do not exceed the estimated reasonable costs of providing the
property or services for which the fees are charged.
   It is also the intent of the Legislature to encourage local
governments to establish departments which would allow motion picture
productions to obtain all the locally required permits at one
location.

14998.11.  The Film Office shall perform the following functions and
activities:
   (a) Provide staff for the California Film Commission.
   (b) Implement the Cooperative Motion Picture Marketing Plan.
   (c) Provide services necessary to increase the amount of filming
within California.

14998.12.  (a) (1) The California Film Commission shall develop and
oversee the implementation of a Cooperative Motion Picture Marketing
Plan. The plan shall increase the marketing efforts of the
commission, and offer state resources to local film commissions and
local government liaisons to the film industry for the purpose of
marketing their locales to the motion picture industry.
   (2) In addition to paragraph (1), the resources offered under the
plan for marketing shall be used to recruit local government
participation in, and development of, local film commissions.
   (3) For purposes of this section, resources offered to local film
commissions and local government liaisons to the motion picture
industry shall include all of the following:
   (A) Grants for partial or full funding of the cost to develop or
participate in workshops, trade shows, seminars, or meetings that
assist local governments to promote and market the use of their
locales by the motion picture industry. Eligible meetings shall also
include those called or approved by the Director of the Film Office
to further the purposes of the Cooperative Motion Picture Marketing
Plan.
   (B) The services of a professional photographer, including
material and expenses, to take still photographs of motion picture
locations for inclusion in the location resource library established
pursuant to subdivision (c) of Section 14998.9. Whenever possible,
the photographer shall be hired from the local area participating in
the Cooperative Motion Picture Marketing Plan.
   (C) Appropriate promotional and informational materials for the
purpose of mailing or distributing to the motion picture industry.
The materials shall include, but not be limited to, brochures, print
ads, and direct marketing materials which state the benefits and
advantages of producing motion pictures within the state or the
locales participating in the Cooperative Motion Picture Marketing
Plan.
   (b) Any resource requested under the provisions of the Cooperative
Motion Picture Marketing Plan not specified in this section shall be
subject to the approval of the California Film Commission.
   (c) The California Film Commission shall expand and upgrade the
location resource library through the use of a librarian, a
computerized catalog system, and a professional photographer.
   (d) As a condition of eligibility for the use of resources
pursuant to this section, a local government shall demonstrate
substantial compliance with the model process for granting film
permits described in Section 14999.20.
   (e) The commission shall adopt additional guidelines as needed for
the implementation of the plan.
   (f) The purpose of the Cooperative Motion Picture Marketing Plan
is in no way to discourage, limit, or impede the participation of
local governments in the Film Liaisons in California, Statewide,
commonly referred to as F.L.I.C.S.
   (g) As used in this section, "motion picture" shall include, but
not be limited to, production in film, video, television, commercial,
and still photography.

14998.13.  (a) As a means to carry out the California Film
Commission's purposes of encouraging and promoting motion picture and
television filming in California and maintaining and improving the
position of the state's motion picture industry in the national and
world markets, there is hereby created in the State Treasury, the
Film Promotion and Marketing Fund.
   (b) The Treasurer shall invest moneys contained in the Film
Promotion and Marketing Fund not needed to meet current obligations
in the same manner as other public funds are invested. Interest that
accrues from the investments shall be credited to the fund.
   (c) Proceeds that accrue to the state from the sales of location
library documents, photocopying, and other film-related informational
documents shall be deposited in the fund.
   (d) The commission may receive and accept for deposit in the Film
Promotion and Marketing Fund moneys from any and all public or
private sources that support the purposes within this chapter.
   (e) Moneys in the Film Promotion and Marketing Fund shall be
available for expenditure by the commission, upon appropriation by
the Legislature, for activities performed consistent with the
Cooperative Motion Picture Marketing Plan pursuant to Section
14998.12.

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