HOUSE BILL REPORT
HB 1914
As Reported by House Committee On:
Community & Economic Development
Title: An act relating to updating and expanding the motion picture competitiveness program.
Brief Description: Updating and expanding the motion picture competitiveness program.
Sponsors: Representatives Riccelli, Orcutt, Berry, Leavitt, McEntire, Ryu, Santos, Walen, Wicks, Ortiz-Self, Stonier, Robertson, Peterson, Rule, Vick, Goodman, Dolan, Orwall, Eslick, Barkis, Graham, Berg, Dent, Bateman and Macri.
Brief History:
Committee Activity:
Community & Economic Development: 1/25/22, 1/28/22 [DPS].
Brief Summary of Substitute Bill
  • Modifies the membership of the board of directors of the Motion Picture Competitiveness Program (Program).
  • Adds supporting the growth and development of the state film industry as an allowable use of Program funding assistance.
  • Increases the total statewide Business and Occupation (B&O) tax credit limit for Program contributions from $3.5 million to $20 million per calendar year.
  • Increases the B&O tax credit limit one person may claim for Program contributions from $750,000 to $1 million per calendar year.
HOUSE COMMITTEE ON COMMUNITY & ECONOMIC DEVELOPMENT
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass.Signed by 13 members:Representatives Ryu, Chair; Paul, Vice Chair; Boehnke, Ranking Minority Member; Chase, Assistant Ranking Minority Member; Corry, Donaghy, Frame, Jacobsen, Johnson, J., Kraft, Rule, Sutherland and Taylor.
Staff: Cassie Jones (786-7303).
Background:

The Motion Picture Competitiveness Program (Program) was created by the Legislature in 2006 for the stated purpose of creating a partnership with the private sector to regain Washington's place as a premier destination to make motion pictures, television, and television commercials.  The Program must be overseen by a nonprofit organization with the sole purpose of revitalizing the state's economic, cultural, and educational standing in the national and international market of motion picture production and associated creative industries. 

 

Washington Filmworks (Filmworks) is the private nonprofit that oversees the Program and manages its incentive program.  Filmworks must be administered by a board of directors (Board) appointed by the Governor.  The following must be represented on the Board:

  • one member of the Washington motion picture production industry;
  • one member of the Washington motion picture postproduction industry;
  • one member of the Washington interactive media or emerging motion picture industry;
  • one member representing Washington visitors and convention bureaus;
  • one member representing the Washington tourism industry;
  • one member representing the Washington restaurant, hotel, and airline industry;
  • two members representing labor unions affiliated with Washington motion picture production; and
  • a chairperson, chosen at large.                     

 

The Board must evaluate and award financial assistance to motion picture projects under rules adopted by the Department of Commerce (Commerce).  Money received by the Program may only be used for:

  • benefits for employees and other costs associated with film production; and
  • staff and related expenses to maintain the Program's proper administration and operation.

 

In return for contributing to the Program's incentive fund, a person may receive a credit against Business and Occupations (B&O) tax liability up to $750,000 per year.  The total amount that may be credited any calendar year is $3.5 million.


Each motion picture production receiving funding assistance under the Program must report information to Commerce by filing a complete annual survey.  The survey must include information on taxes paid, amount of funding assistance received, and employment and wage data.  A person claiming a tax credit for contributions made to the Program must file an annual report with the Department of Revenue (DOR).  The report must include employment and wage data, among other information.

Summary of Substitute Bill:

The total statewide B&O tax credit limit for Program contributions is increased to $20 million per calendar year.  The B&O tax credit limit one person may claim for Program contributions is increased to $1 million per calendar year.

 

An additional authorized use of Program funding assistance is supporting the growth and development of the state film industry through career-connected learning, workforce development, and business development with a focus on better supporting people from marginalized and rural communities.


Filmworks' Board membership is modified.  The number of Board members is increased from nine to 12 members.  In addition to two labor representatives and the chairperson, the Board must include:

  • two members representing the Washington motion picture industry, with one demonstrating expertise in motion picture financing;
  • one member representing technologies impacting the Washington emerging motion picture industry;
  • three members representing industries and businesses impacted by motion picture production, two of whom must each represent a side of the Cascade Mountain range;
  • two co-chairs of the Board's equity committee, as recommended to the Board by the Governor; and
  • two co-chairs of the Board's advisory committee, as recommended by the Governor.

 

Entities contributing to the Program and receiving a tax credit, and not otherwise receiving funding assistance under the Program, are exempt from DOR's and Commerce's annual reporting requirements.


A tax preference performance statement that identifies the Legislature's public policy purpose and intent for the Program tax credit is included.  The Joint Legislative Audit and Review Committee must review and make a recommendation to the Legislature regarding the effectiveness of the Program by December 1, 2026.

Substitute Bill Compared to Original Bill:

The substitute bill makes the following changes to the original bill:

  • removes a requirement that the Board of the nonprofit that administers the Motion Picture Competitiveness Program include a member representing the interactive entertainment industry; and
  • adds one additional co-chair of the Board's equity committee and one additional co-chair of the Board's advisory committee as members of the Board.
Appropriation: None.
Fiscal Note: Available.  New fiscal note requested on January 28, 2022.
Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of the session in which the bill is passed.
Staff Summary of Public Testimony:

(In support) Oregon and British Columbia have been successful in fostering the film economy.  Our state is a beautiful place with talented professionals.  COVID-19 has hit the creative industry very hard.  This bill will make Washington more competitive for films and episodic projects.  The bill provides more money for the competitiveness program and gives Filmworks the ability to expand equity and inclusion in the organization.  The Program has a great return on investment.  Increasing the competitiveness fund to $20 million would enable Filmworks to support all stages of production.  Filmworks would also collaborate with the gaming industry to develop their motion picture content.  Effort would also be put toward developing film opportunities for rural Washington.  The media mentorship program would also be expanded to focus on providing training for the workforce of the future.  The program has never seen a funding increase and Washington can no longer compete with other states and British Columbia.  The bill would dramatically improve the film ecosystem.

 

This bill also expands the Program to allow Filmworks to support the growth and development of the industry through career-connected learning with a focus on supporting people from marginalized and rural communities.  The Program uses funds to incentivize motion picture production.  The bill would increase the maximum allowable credit for a person to $1 million.  The bill also realigns Board positions to reflect updates to the industry and the Joint Legislative and Audit Review Committee reporting requirements.  The program has a rigorous review process.  The Program also requires health and welfare benefits to be provided to workers.

 

There has been a lack of diversity in the film industry in Washington, but things are improving including through Filmwork's mentor program.  The bill requires that a co-chair of the equity committee will have a seat on the Board.  This will help to ensure that incentives are distributed equitably.  Diversity will make the industry profitable for everyone.  There are not a lot of film employment opportunities in some areas of the state.  Filmworks' mentorship program gives opportunities to BIPOC for mentorship, training, and experience working on approved film projects.  This bill will help provide greater access to opportunities to BIPOC and marginalized film workers.  This bill will help to increase employment opportunities locally so film workers do not have to travel to other states and counties to find employment.  The best and the brightest can work in the industry in their home communities.

 

The industry continues to change with technology.  Incentives can make or break an industry.  Film is one of the most economic investments in the state.  The current incentives are not enough to film all projects that would film in Washington so projects end up going to other states.  Film projects promote economic development and positive visibility for communities.  Film is a clean industry that supports the local economy.  Many businesses and restaurants benefit; this can create and save local jobs.  Filmworks is crucial in providing referrals to locations for filming.  Film work in Washington gets seen around the world; this boosts and amplifies the state.  Cast and crew are needed here in Washington to support the industry; this can be done by having a robust film incentive program. 

 

(Opposed) None.

Persons Testifying: Representative Marcus Riccelli, prime sponsor; Amy Lillard and Julie Daman, Washington Filmworks; Myron Partnman; Frances Grace Mortel; Jay Kim; Ron Leamon; Abie Ekenezar; Melissa Purcell; Sherrye Wyatt; Nike Imoru; and Jonathan Bingle.
Persons Signed In To Testify But Not Testifying: None.