Bill Text: HI HB986 | 2011 | Regular Session | Introduced
Bill Title: Film Permits; Surcharge; Creative Industries Division
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2011-03-30 - (S) The committee on WAM deferred the measure. [HB986 Detail]
Download: Hawaii-2011-HB986-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
986 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to television and film production.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201-14, Hawaii Revised Statutes, is amended to read as follows:
"§201-14 Consolidated film permit processing. (a) The department shall consult with state and county agencies in order to identify sites that can be used for making visually recorded productions under terms and conditions as may be determined by the state or county agency having jurisdiction over the sites.
(b) The department may accept an application from any person who proposes to make a motion picture, television show, television commercial, or other visually recorded production at one or more sites on state or county lands, whether or not set aside under section 171-11.
(c) The applicant shall identify the sites to be covered by the permit and provide other information as may be required by the department.
(d) The department may approve and issue a permit to film at any of the sites identified by the appropriate state or county agency under subsection (a). If any site requested for use by the applicant is not identified under subsection (a), the department shall consult with the appropriate state or county agency having jurisdiction over the site to obtain a permit. If the matter of a permit cannot be resolved in this manner, the department shall refer the application to the appropriate state or county agency to obtain a permit.
(e) The department is authorized to make changes to, and extensions of, any approved permits so long as the changes and extensions do not conflict with the policies, terms, and conditions set forth by the agency having jurisdiction over the site in question.
(f) The department may establish memoranda of agreement or adopt rules to implement the intent and purposes of this section.
(g) Nothing in this section shall be construed as waiving the authority of any county or the department of transportation of the State to require a person to obtain a permit from the department or county where the production takes place on or from a public highway.
(h) A vessel engaged in temporary use for film production purposes in accordance with a film permit issued by the department shall not be considered to be a "commercial vessel" within the meaning of section 200-9, 200-10, or 200-39; provided that:
(1) The period of temporary use does not exceed fourteen hours per day, five days per week, excluding weekends, and for a period not to exceed thirty calendar days; and
(2) The department may make allowances to include weekends for film production purposes due to inclement weather conditions during the weekday period.
(i) The department shall establish and collect a surcharge of $ on each film permit it approves and issues. The revenues received from the surcharge shall be deposited into the Hawaii television and film development special fund pursuant to section 201-113."
SECTION 2. Section 201-113, Hawaii Revised Statutes, is amended to read as follows:
"[[]§201-113[]] Hawaii
television and film development special fund. (a) There is established in
the state treasury the Hawaii television and film development special fund into
which shall be deposited:
(1) Appropriations by the legislature;
(2) Donations and contributions made by private individuals or organizations for deposit into the fund;
(3) Grants provided by governmental agencies or any
other source; [and]
(4) Any profits or other amounts received from
venture capital investments[.]; and
(5) Revenues collected by the department for film permit surcharges assessed under section 201-14.
(b) The fund shall be used by the board to assist in, and provide incentives for, the production of eligible Hawaii projects that are in compliance with criteria and standards established by the board in accordance with rules adopted by the board pursuant to chapter 91. In particular, the board shall adopt rules to provide for the implementation of the following programs:
(1) A grant program. The board shall adopt rules pursuant to chapter 91 to provide conditions and qualifications for grants. Applications for grants shall be made to the board and shall contain such information as the board shall require by rules adopted pursuant to chapter 91. At a minimum, the applicant shall agree to the following conditions:
(A) The grant shall be used exclusively for eligible Hawaii projects;
(B) The applicant shall have applied for or received all applicable licenses and permits;
(C) The applicant shall comply with applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, or physical handicap;
(D) The applicant shall comply with other requirements as the board may prescribe;
(E) All activities undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances;
(F) The applicant shall indemnify and save harmless the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder, and procure sufficient insurance to provide this indemnification if requested to do so by the department;
(G) The applicant shall make available to the board all records the applicant may have relating to the project, to allow the board to monitor the applicant's compliance with the purpose of this chapter; and
(H) The applicant, to the satisfaction of the board, shall establish that sufficient funds are available for the completion of the project for the purpose for which the grant is awarded; and
(2) A venture capital program. The board shall adopt rules pursuant to chapter 91 to provide conditions and qualifications for venture capital investments in eligible Hawaii projects. The program may include a written agreement between the borrower and the board, as the representative of the State, that as consideration for the venture capital investment made under this part, the borrower shall share any royalties, licenses, titles, rights, or any other monetary benefits that may accrue to the borrower pursuant to terms and conditions established by the board by rule pursuant to chapter 91. Venture capital investments may be made on such terms and conditions as the board shall determine to be reasonable, appropriate, and consistent with the purposes and objectives of this part.
(c) Revenues from the film permit surcharge collected by the department pursuant to section 201-14 and deposited into the fund shall be used to fund the department's creative industries division; provided that revenues generated from the film permit surcharge shall not supplant general funds appropriated by the legislature and allocated to the creative industries division by the department."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Film Permits; Surcharge; Creative Industries Division
Description:
Requires DBEDT to establish a surcharge for each permit processed and issued by the department. Appropriates fees generated to the creative industries division of DBEDT.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
