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Current through October 23, 2012
(a) There is hereby established a segregated, nonlapsing fund to be known as the Film DC Economic Incentive Fund ("Fund"). The Fund shall appear as a separate program line within the budget of the Office of Motion Picture and Television Development. The Fund shall be funded by annual appropriations. All funds deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this chapter, subject to authorization by Congress in an appropriations act.
(b) Subject to § 39-501.01 and subject to the availability of funds, the Mayor may provide to an eligible production company, as an incentive for the production of movies, television shows, or other video productions in the District, a payment equal to the following:
(1) The sum of 42% of the company's qualified production expenditures that are subject to taxation in the District;
(2) The sum of 21% of the company's qualified production expenditures that are not subject to taxation in the District;
(3) The sum of 30% of the company's qualified personnel expenditures;
(4) The sum of 50% of the company's qualified job training expenditures; and
(5) The sum of 25% of the company's base infrastructure investment; provided, that if the base infrastructure investment is in a facility that may be used for purposes unrelated to production or postproduction activities, then the base infrastructure investment shall be eligible for the 25% incentive payment only if the Mayor determines that the facility will support and be necessary to secure production or postproduction activity.
(c) Subject to § 39-501.02 and subject to the availability of funds, the Mayor may provide to an applicant, as an incentive for the creation of production and postproduction facilities in the District, a payment of 25% of the taxpayer's base infrastructure investment; provided, that if all or a portion of the base infrastructure investment is in a facility that may be used for purposes unrelated to production or postproduction activities, then the base infrastructure investment shall be eligible for the 25% payment only if the Mayor determines that the facility will support and be necessary to secure production or postproduction activity.
(Mar. 14, 2007, D.C. Law 16-290, § 2, 54 DCR 984; July 18, 2008, D.C. Law 17-187, § 2, 55 DCR 6116; Mar. 3, 2010, D.C. Law 18-111, § 2071(a), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-187, in subsec. (b)(1)(A), deleted "the lesser of 10% of qualified expenses or" following "not to exceed".
D.C. Law 18-111, in the section heading and subsec. (a), deleted "Grant" following "Incentive"; and rewrote subsecs. (b) and (c), which had read as follows:
"(b)(1) The funds in the Fund shall be used:
"(A) To provide incentives through discretionary grants for nationally distributed film and television projects, excluding production of television coverage of news or athletic events, that expend at least $500,000 in qualified expenses in a period of 5 or more days for production activities located in the District of Columbia, in amount not to exceed 100% of the taxes paid to the District on the qualified expenses; and
"(B) For administrative costs and monitoring of the Fund.
"(2) For the purposes of this subsection, the term 'qualified expenses' means the costs incurred in the District for the production of the film or television project (including all expenses incurred in the District of Columbia from vehicle rentals, camera equipment, lighting, stage equipment, recording equipment, costumes, wardrobe, construction materials, props, scenery materials, film and tape, design materials, special effects materials, fabrication, printing or production of scripts, storyboards, costumes, salaries paid to District residents, hotel expenses, food and alcohol purchases, restaurant expenses, and related supplies and equipment).
"(c) The Mayor shall submit an annual report to the Council, on or before December 31 of each year, for the fiscal year concluding September 30 that includes:
"(1) For each grant, the amount of the grant, the rationale for the grant, and the revenue generated for the District by each project for which a grant was awarded;
"(2) The criteria used in evaluating the grant proposals; and
"(3) The number of grant applications received and a description of each project for which a grant application was made."
Emergency Act Amendments
For temporary (90 day) addition, see § 2 of Film DC Economic Incentive Emergency Act of 2006 (D.C. Act 16-570, December 19, 2006, 54 DCR 8).
For temporary (90 day) amendment of section, see § 2071(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) additions, see § 2071(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2071(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) addition, see § 2 of Film DC Economic Incentive Fund Payment Authorization Emergency Amendment Act of 2009 (D.C. Act 18-276, January 11, 2010, 57 DCR 933).
Legislative History of Laws
Law 16-290, the "Film DC Economic Incentive Act of 2006", was introduced in Council and assigned Bill No. 16-935, which was referred to Committee on Finance and Revenue. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-649 and transmitted to both Houses of Congress for its review. D.C. Law 16-290 became effective on March 14, 2007.
Law 17-187, the "Film DC Economic Incentive Amendment Act of 2008", was introduced in Council and assigned Bill No.17-477 which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on April 1, 2008, and May 6, 2008, respectively. Signed by the Mayor on May 20, 2008, it was assigned Act No. 17-381 and transmitted to both Houses of Congress for its review. D.C. Law 17-187 became effective on July 18, 2008.
For Law 18-111, see notes following § 39-105.
Miscellaneous Notes
Section 7085 of D.C. Law 17-219 repealed section 4 of D.C. Law 16-290.
Short title: Section 2070 of D.C. Law 18-111 provided that subtitle H of title II of the act may be cited as the "Financial Incentives for Motion Picture and Television Productions Amendment Act of 2009".
