Brief Description: Improving the state of Washington's economic, cultural, and educational standing in the motion picture industry.

Sponsors: Representatives McIntire, Kenney, McDermott, Hunter, Ormsby, Linville, Wood, Fromhold, Morrell, Conway, Condotta and Springer.

Hearing Date: 1/24/06

Staff: Tracey Taylor (786-7196).

Background:

Film and video production is a labor-intensive, high wage economic activity that responds well to a favorable business climate and does so with minimal impacts on infrastructure. In 2003, the Washington State Film Office (WSFO) commissioned a study of the economic impacts of film and video productions in Washington. The report concluded that film and video production support 8,033 jobs in the state, and the industry created over $656 million in additional economic output.

The WSFO is located in the Department of Community, Trade, Economic Development (DCTED). The WSFO works with the Seattle Film Office and 35 film liaisons to assist with film and video location needs. Washington does provide several financial incentives for film and video production. These include: a state and local sales tax exemption on rental of production equipment; state and local sales tax exemptions on the purchase of production services; local and state rental tax exemptions for rental vehicles used in production activities; and sales tax exemption for hotel or motel stays exceeding 30 consecutive days.

Business and Occupation Tax
Washington's business and occupation (B&O) tax is the second largest tax source for the state. In Fiscal Year 2004, B&O tax collection totaled over $2 billion which represented approximately 17 percent of state revenue sources within the State General Fund. Almost all businesses located or doing business in the state of Washington are subject to the state B&O tax, including corporations, partnerships, sole proprietors and nonprofit organizations.

Washington's B&O tax is calculated on gross income from business activities in the state. There are no deductions from the B&O tax for labor, materials, taxes or other costs of doing business. However, some businesses may qualify for certain exemptions, deductions or credits. Credits are amounts that have been paid to the Department of Revenue (DOR) which are either not due or are granted by the Legislature for a specific purpose. Credits are subtracted from the B&O tax and include the multiple activities tax credit, the high technology B&O tax credit, and the small business B&O tax credit

Summary of Bill:

The Legislature recognizes the national and international competition in the motion picture production marketplace and is committed to leveling the competitive playing field by encouraging a partnership with the private sector to regain Washington's place as a premier destination to make motion pictures, television, and television commercials.

An Approved Motion Picture Competitiveness Program is created and will be administered by the DCTED. An approved motion picture competitiveness program is a 501(c)(6) nonprofit organization with the sole purpose of revitalizing Washington's economic, cultural and educational standing in the national and international market of motion picture production by recommending and awarding financial assistance for costs associated with motion pictures in the state. For the purposes of this program, "motion picture" means a recorded audio-visual production intended for distribution to theaters, DVD, video, or the Internet. It also includes one or more episodes of a single television series or a commercial that exceeds $250,000 in actual investment. "Motion picture" does not include one or more segments of a newscast or sporting event.

The DCTED must adopt criteria for an Approved Motion Picture Competitiveness Program. The rules adopted by the DCTED will allow the program, within the established criteria, to provide funding assistance when it captures economic opportunities for Washington communities and businesses and will only be provided under a contractual arrangement with a private entity. In establishing the criteria, the DCTED must consider: the additional income and tax revenue to be retained in the state for general purposes; the creation and retention of family wage jobs which provide health insurance and payments into a retirement plan; the impact of motion picture projects to maximize in-state labor and the use of in-state film production and post-production companies; the impact on local economies and the state's economy as a whole, including multiplier effects; the intangible impact on the state and local communities that comes with motion picture projects; the regional, national and international competitiveness of the motion picture filming industry; the revitalization of the state as a premier venue for motion picture production and national television commercial campaigns; partnerships with the private sector to bolster film production in the state and serve as an educational and cultural purposes for its citizens; and the vitality of the state's motion picture industry as a necessary and critical factor in promote the state as a premier tourist and cultural destination.

The Washington Motion Picture Competitiveness Program will be administered by a Board of Directors (Board). Appointed by the Governor, the eight member Board shall consist of: one representative of the Washington motion picture industry; one representative of Washington's postproduction industry; two representatives of labor unions affiliated with Washington's motion picture production; one representative of Washington's Visitors and Convention Bureaus; one representative of Washington's tourism industry; one representative of the restaurant, hotel and airline industry; and an at-large member who will serve as the board's chairperson. The term of all board members will be four years, except the chairperson, who shall serve at the pleasure of the Governor. The Board will evaluate and award financial assistance to motion picture projects based on the criteria adopted by the DCTED.

The funding provided to Approved Motion Picture Competitiveness Programs must be used for health insurance, payments into a retirement plan, and other costs associated with film production. The funding may also be used for a person to market the tax credit for contributions to an approved motion picture competitiveness program as well as staff and related expenses necessary for the program's administration. The maximum funding assistance from an approved motion competitiveness program is limited to: 20 percent of total actual investment in the state of at least $500,000 for a single feature film produced in Washington; 20 percent of total actual investment in the state of at least $300,000 per television episode produced in Washington; or 20 percent of total actual investment in the state of at least $250,000 for an infomercial or television commercial associated with a national or regional advertisement campaign produced in Washington.

A credit against the state's B&O tax is allowed for contributions made to a Washington Motion Picture Competitiveness Program. An application must be made to the DOR and approved in order to receive the credit. The maximum credit is limited to the amount approved by the DOR, up to $1 million. A statewide cap of $5 million per fiscal year is imposed and the credits are available on a first-come basis. A person may carry over the amount of the tax credit not taken in a calendar year. The tax credit is available beginning this calendar year; however, no applications will be accepted prior to June 30, 2006 and no credits approved prior to August 15, 2006.

If by July 1, 2009, any Approved Motion Picture Competitiveness Program has funds greater than $1,500,000, the uncommitted excess shall be transferred into the state general fund.

Appropriation: None.

Fiscal Note: Requested on January 16, 2006.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.