1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3964 By: Echols and Fetgatter
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6 AS INTRODUCED
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7 An Act relating to television episodic film
7 production incentives; making appropriations to the
8 Filmed in Oklahoma Live Studio Audience Episodic TV
8 Program Revolving Fund; creating the Filmed in
9 Oklahoma Live Studio Audience Episodic TV Program
9 Revolving Fund; providing revolving fund limitations;
10 amending 68 O.S. 2021, Section 3633, which relates to
10 film rebate incentives; providing for issuing payment
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11 Episodic TV Program Revolving Fund; providing for
12 codification; and declaring an emergency.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. There is hereby appropriated to the Filmed in
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17 Oklahoma Live Studio Audience Episodic TV Program Revolving Fund
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18 from any monies not otherwise appropriated from the General Revenue
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19 Fund of the State Treasury for the fiscal year ending June 30, 2025,
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20 the sum of Fifty Million Dollars ($50,000,000.00) or so much thereof
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21 as may be necessary to implement the provision of Section 2 of this
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22 act.
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 1 SECTION 2. NEW LAW A new section of law to be codified
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2 in the Oklahoma Statutes as Section 3639.1 of Title 68, unless there
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3 is created a duplication in numbering, reads as follows:
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4 A. There is hereby created in the State Treasury a revolving
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5 fund for the Oklahoma Tax Commission to be designated the "Filmed in
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6 Oklahoma Live Studio Audience Episodic TV Program Revolving Fund".
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7 The fund shall be a continuing fund, not subject to fiscal year
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8 limitations, and shall consist of all monies received by the Tax
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9 Commission which are specifically required by law to be deposited in
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10 the fund, any public or private donations, contributions and gifts
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11 received for the benefit of the fund and any amounts appropriated by
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12 the Oklahoma Legislature. All monies accruing to the credit of the
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13 fund are hereby appropriated and may be budgeted and expended by the
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14 Tax Commission for the purpose of paying rebates as provided in this
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15 act. Expenditures from the fund shall be made upon warrants issued
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16 by the State Treasurer against claims filed as prescribed by law
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17 with the Director of the Office of Management and Enterprise
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18 Services for approval and payment.
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19 B. Funds from the Filmed in Oklahoma Live Studio Audience
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20 Episodic TV Program Revolving Fund shall only be used for the
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21 purpose of episodic television filmed in Oklahoma with a live studio
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22 audience.
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23 C. Any unencumbered funds remaining in the Filmed in Oklahoma
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24 Live Studio Audience Program Revolving Fund upon the expiration of
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 1 this act as provided in Section 3641 of this title shall be
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2 transferred to the State Treasurer for deposit in the General
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3 Revenue Fund.
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4 SECTION 3. AMENDATORY 68 O.S. 2021, Section 3633, is
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5 amended to read as follows:
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6 Section 3633. A. There is hereby created an incentive rebate
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7 program for certain film projects and eligible television series
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8 projects filmed or produced in Oklahoma who meet the requirements of
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9 this act.
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10 B. The rebate program shall be administered by the Oklahoma
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11 Department of Commerce and the Oklahoma Tax Commission.
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12 C. By October 1 of each year, the Oklahoma Department of
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13 Commerce shall submit an annual report to the Speaker of the
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14 Oklahoma House of Representatives, the President Pro Tempore of the
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15 Oklahoma State Senate, the Chair of the Appropriations and Budget
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16 Committee of the House of Representatives, the Chair of the
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17 Appropriations Committee of the Senate and the Director of the
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18 Legislative Office of Fiscal Transparency detailing the program and
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19 incentive rebate payments.
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20 D. The Oklahoma Department of Commerce and the Oklahoma Tax
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21 Commission may promulgate rules to implement the provisions of this
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22 act.
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23 E. To be eligible for a rebate payment a production company
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24 shall:
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 1 1. Submit an application and documentation to the Oklahoma
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2 Department of Commerce as required by the Department;
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3 2. Have filed any Oklahoma tax returns and tax documents
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4 required by law;
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5 3. Provide evidence that all Oklahoma crew and local vendors
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6 have been paid and that there are no pending liens against the
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7 production company in this state;
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8 4. Provide evidence of financing for production prior to the
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9 commencement of principal photography;
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10 5. Provide evidence of a certificate of general liability
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11 insurance with a minimum coverage of One Million Dollars
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12 ($1,000,000.00) and a workers' compensation policy in compliance
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13 with law, which shall include coverage of employer's liability; and
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14 6. Provide evidence, as required by the Department, that the
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15 projects pursuant to this act are completed.
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16 F. A production company shall not be eligible to receive both a
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17 rebate payment pursuant to the provisions of this act and an
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18 exemption from sales tax pursuant to the provisions of paragraph 23
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19 of section 1357 of Title 68 of the Oklahoma Statutes. If a
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20 production company has received the exemption from sales taxes and
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21 submits a claim for rebate pursuant to the provisions of this act,
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22 the company shall be required to fully repay the amount of the
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23 exemption to the Tax Commission. A claim for a rebate shall include
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24 documentation from the Tax Commission that repayment has been made
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 1 as required in this subsection or shall include an affidavit from
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2 the production company that the company has not received an
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3 exemption from sales tax pursuant to the provisions of paragraph 23
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4 of Section 1357 of Title 68 of the Oklahoma Statutes.
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5 G. The Department of Commerce shall approve or disapprove all
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6 claims for rebate and shall notify the Tax Commission subject to the
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7 limitations set forth in Section 4 of this act 3634 of this title.
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8 Upon notification of approval from the Department, the Commission
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9 shall issue payment for all approved claims from funds held in the
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10 Filmed in Oklahoma Program Revolving Fund created pursuant to
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11 Section 9 of this act 3639 of this title and the Filmed in Oklahoma
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12 Live Studio Audience Episodic TV Program Revolving Fund created
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13 pursuant to section 2 of this act, and subject to the limitations
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14 set forth in Section 4 of this act 3634 of this title. If the
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15 amount of approved claims exceeds the balance of the revolving fund,
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16 payments shall be made in the order the claims are approved by the
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17 Department. If an approved claim is not paid in whole, the unpaid
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18 claim or unpaid portion of the claim shall be paid upon the
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19 availability of funds.
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20 SECTION 4. This act shall become effective July 1, 2024.
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21 SECTION 5. It being immediately necessary for the preservation
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22 of the public peace, health or safety, an emergency is hereby
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23 declared to exist, by reason whereof this act shall take effect and
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 1 be in full force from and after its passage and approval.
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3 59-2-9490 JL 01/18/24
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