Passed by the House March 10, 2009 Yeas 96 Nays 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate April 7, 2009 Yeas 44 Nays 2 BRAD OWEN ________________________________________ President of the Senate		CERTIFICATE I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2042 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk
Approved April 15, 2009, 11:32 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington		FILED April 15, 2009 Secretary of State State of Washington

AN ACT Relating to the incentive in the motion picture competitiveness programs; amending RCW 43.365.020; and declaring an emergency.

Sec. 1   RCW 43.365.020 and 2008 c 85 s 1 are each amended to read as follows:
     (1) The department shall adopt criteria for an approved motion picture competitiveness program with the sole purpose of revitalizing the state's economic, cultural, and educational standing in the national and international market of motion picture production. Rules adopted by the department shall allow the program, within the established criteria, to provide funding assistance only when it captures economic opportunities for Washington's communities and businesses and shall only be provided under a contractual arrangement with a private entity. In establishing the criteria, the department shall consider:
     (a) The additional income and tax revenue to be retained in the state for general purposes;
     (b) The creation and retention of family wage jobs which provide health insurance and payments into a retirement plan;
     (c) The impact of motion picture projects to maximize in-state labor and the use of in-state film production and film postproduction companies;
     (d) The impact upon the local economies and the state economy as a whole, including multiplier effects;
     (e) The intangible impact on the state and local communities that comes with motion picture projects;
     (f) The regional, national, and international competitiveness of the motion picture filming industry;
     (g) The revitalization of the state as a premier venue for motion picture production and national television commercial campaigns;
     (h) Partnerships with the private sector to bolster film production in the state and serve as an educational and cultural purpose for its citizens;
     (i) The vitality of the state's motion picture industry as a necessary and critical factor in promoting the state as a premier tourist and cultural destination;
     (j) Giving preference to additional seasons of television series that have previously qualified;
     (k) Other factors the department may deem appropriate for the implementation of this chapter.
     (2) The board of directors created under RCW 43.365.030 shall create and administer an account for carrying out the purposes of subsection (3) of this section.
     (3) Money received by an approved motion picture competitiveness program shall be used only for: (a) Health insurance and payments into a retirement plan, and other costs associated with film production; (b) a tax credit marketer to market the tax credits authorized under RCW 82.04.4489; and (c) staff and related expenses to maintain the program's proper administration and operation.
     (4) Maximum funding assistance from an approved motion picture competitiveness program is limited to an amount up to ((~~twenty~~)) thirty percent of the total actual investment in the state of at least:
     (a) Five hundred thousand dollars for a single feature film produced in Washington state;
     (b) Three hundred thousand dollars per television episode produced in Washington state; or
     (c) One hundred fifty thousand dollars for an infomercial or television commercial associated with a national or regional advertisement campaign produced in Washington state.
     (5) Funding assistance approval must be determined by the approved motion picture competitiveness program within a maximum of thirty calendar days from when the application is received, if the application is submitted after August 15, 2006.

NEW SECTION. Sec. 2 This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.