Bill Text: HI SB1237 | 2023 | Regular Session | Introduced
Bill Title: Relating To The Hawaii Film Industry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-03-09 - Referred to ECD, FIN, referral sheet 17 [SB1237 Detail]
Download: Hawaii-2023-SB1237-Introduced.html
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THE SENATE |
S.B. NO. |
1237 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the hawaii film industry.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The purpose of this Act is to:
(1) Establish the Hawaii film commission;
(2) Extend the sunset date of the motion picture, digital media, and film production income tax credit to January 1, 2038;
(3) Transfer the rights, powers, functions, and duties of the Hawaii state film office to the Hawaii film commission; and
(4) Appropriate funds for one full-time equivalent (1.0 FTE) executive director position within the Hawaii film commission.
SECTION 2. Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§201- Hawaii
film commission; established. (a)
There is established within the department of business, economic
development, and tourism for administrative purposes only a commission to be
known as the Hawaii film commission. The
commission shall consist of five members who shall be appointed by the governor
in the manner prescribed in section 26-34, except as otherwise provided in this
section; provided that:
(1) One member shall reside in the county of Hawaii;
(2) One member shall reside in the city and county of Honolulu;
(3) One
member shall reside in the county of Kauai;
(4) One member shall reside in the county of Maui; and
(5) The director of business, economic
development, and tourism or the director's designated representative shall
serve as an ex officio voting member of the commission.
(b) Each member identified in paragraphs (1)
through (4) of subsection (a) shall have knowledge, interest, and proven
expertise in one or more of the following fields:
(1) Accounting;
(2) Banking;
(3) Corporate management;
(4) Finance;
(5) Film production;
(6) Management;
(7) Marketing and promotion; or
(8) Real
estate.
(c) Members shall be subject to the gift
reporting requirements of section 84-11.5.
(d) Notwithstanding any law to the contrary, the
commission shall be subject to chapter 92.
(e) The commission shall appoint an executive director and other additional personnel as necessary to enable the commission to perform the duties of the commission. Employees of the commission shall be exempt from chapter 76, and shall not be considered civil service employees.
(f) The commission shall fix the compensation of
the executive director and other commission personnel.
(g) The Hawaii state film commissioner shall
serve as the executive director of the commission. The executive director shall:
(1) Report to the commission; and
(2) Be subject to the oversight of the
commission."
SECTION 3. Section 121-19, Hawaii Revised Statutes, is amended to read as follows:
"§121-19 Regulations governing armories, etc. Any law to the contrary notwithstanding, the
adjutant general may make regulations to establish procedures governing the
care and custody of department of defense facilities that are either set aside
to the department of defense or on license from the federal government. The adjutant general may permit the use of or
may temporarily rent to national guard units or other county, state, or federal
government agency sponsoring or co-sponsoring meetings, classes, or other
activities; hosting athletic events or competitions; billeting personnel in
conjunction with sanctioned events such as agency-sponsored conferences or
classes, agency-sponsored athletic or recreation programs, government-sponsored
public hearings or meetings, unit-sponsored youth organizations and activities,
or public school sponsored classes, dances, plays, and concerts; nonprofit or
eleemosynary organizations conducting a community or group activity; and film
production enterprise activities promoted and coordinated through the [Hawaii
film industry branch,] department of business, economic development, and [tourism,
such] tourism's Hawaii film commission, portions as will not
interfere with the military use thereof.
The adjutant general shall establish the rentals to be charged for their
use and all net proceeds received from the rentals shall be deposited into the
general fund of the State. Chapter 91
shall not apply."
SECTION 4. Section 235-17, Hawaii Revised Statutes, is amended by amending subsection (n) to read as follows:
"(n) The total amount of tax credits allowed under
this section in any particular year shall be $50,000,000; however, if the total
amount of credits applied for in any particular year exceeds the aggregate
amount of credits allowed for that year under this section, the excess shall be
treated as having been applied for in the subsequent year and shall be claimed
in the subsequent year; provided that no excess shall be allowed to be claimed
after December 31, [2032.] 2038."
SECTION 5. Act 88, Session Laws of Hawaii 2006, as amended by Act 89, Session Laws of Hawaii 2013, as amended by Act 143, Session Laws of Hawaii 2017, as amended by Act 217, Session laws of Hawaii 2022, is amended by amending section 4 to read as follows:
"SECTION
4.
This Act shall take effect on July 1, 2006; provided
that:
(1) Section 2 of this Act
shall apply to qualified production costs incurred on or after July 1, 2006,
and before January 1, [2033;] 2038; and
(2) This Act shall be
repealed on January 1, [2033,] 2038, and section 235-17, Hawaii
Revised Statutes, shall be reenacted in the form in which it read on the day
before the effective date of this Act."
SECTION 6. All rights, powers, functions, and duties of the Hawaii state film office are transferred to the Hawaii film commission.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $140,000 or so much thereof as may be necessary for fiscal year 2023-2024 and the same sum or so much thereof as may be necessary for fiscal year 2024-2025 to fund one full-time equivalent (1.0 FTE) executive director position within the Hawaii film commission.
The sums appropriated shall be expended by the Hawaii film commission for the purposes of this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on January 1, 2024; provided that section 7 of this Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Hawaii Film Commission; Hawaii State Film Office; Department of Business, Economic Development, and Tourism; Motion Picture, Digital Media, and Film Production Income Tax Credit; Appropriation
Description:
Establishes the Hawaii Film Commission in the Department of Business, Economic Development, and Tourism. Extends the sunset date of the motion picture, digital media, and film production income tax credit to January 1, 2038. Transfers all rights, powers, functions, and duties of the Hawaii State Film Office to the Hawaii Film Commission. Appropriates funds for one full-time equivalent executive director position within the Hawaii Film Commission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
