OAR Chapter 951 — Oregon Film and Video Office

Division 1 PROCEDURAL RULES

Or. Admin. R. 951-001-0000 Procedure for Notice of Intended Rulemaking

(1) Definitions: For purposes of this chapter of administrative rules, unless the context demands otherwise:

(a) OFVO or Office means the Oregon Film and Video Office as organized under ORS 284.300 to 284.375;

(b) OFVO Board or Board means the Oregon Film and Video Office board as organized under ORS 284.315;

(c) Director means the Oregon Film and Video Office executive director appointed under ORS 284.325.

(2) Before permanently adopting, amending or repealing any rule, the Oregon Film and Video Office will give notice of the intended action:

(a) In the Secretary of State’s Bulletin, referred to in ORS 183.360 at least 21 days before the effective date of the rule;

(b) By mailing a copy of the notice to persons on the OFVO mailing list established pursuant to ORS 183.335(8), at least 28 days before the effective date of the rule;

(c) By mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule; and

(d) By mailing or furnishing a copy of the notice to:

(A) The Associated Press;

(B) Capitol Press Room;

(C) The following associations:

(i) Oregon Media Production Association;

(ii) Mid-Oregon Productions Arts Network;

(iii) Media Communications Association International;

(iv) Central Oregon Film and Video Association.

(D) The following state agencies:

(i) Oregon Economic and Community Development Department;

(ii) Oregon Tourism Commission;

(iii) Oregon Arts Commission.

History

• Statutory/Other Authority: ORS 284.300 - 284.315
• Statutes/Other Implemented: ORS 284.300 - 284.315
• FVO 3-2004, f. & cert. ef. 7-15-04
• FVO 1-2004(Temp), f. 3-12-04 cert. ef. 3-15-04 thru 9-11-04

Or. Admin. R. 951-001-0005 Model Rules of Procedure

The Uniform and Model Rules of Procedure, OAR 137-001-0007 through 137-001-0080; and 137-004-0010 through 137-004-0800 as adopted by the Attorney General of the State of Oregon under the Administrative Procedures Act, effective October 1, 2001, are adopted as the rules of procedure for rulemaking and declaratory rulings for the Oregon Film & Video Office.

History

• Statutory/Other Authority: ORS 284.300 - 284.315
• Statutes/Other Implemented: ORS 284.300 - 284.315
• FVO 2-2004, f. 3-12-04, cert. ef. 4-15-04

Division 2 OREGON PRODUCTION INVESTMENT FUND PRODUCTION SPENDING REBATES (OPIF)

Or. Admin. R. 951-002-0000 Purpose

The purpose of these rules is to provide guidance for the administration of the Oregon Production Investment Fund film and television production rebates as authorized by ORS 284.367 to 284.368. The Oregon Production Investment Fund was authorized by the 2003 legislature to encourage film and video production in Oregon, thereby increasing job opportunities for Oregonians in the film and video industry and bringing additional production spending into the state.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2017, f. & cert. ef. 5-2-17
• FVO 4-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 951-002-0001 Definitions

(1) “Qualifying film or television production” means a movie produced for release to theaters, video or the internet or a television movie or one or more episodes of a single television series, or a media production services project produced by a local media production services company, the production of which will result in the spending of at least $1 million directly to Oregon resident vendors or for work done in Oregon. “Qualifying film or television production” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(2) “OPIF” means Oregon Production Investment Fund created by ORS 284.367.

(3) “OFVO” means the Oregon Film & Video Office created by ORS 284.305.

(4) “Filmmaker” means a person who owns a television or film production company.

(5) “Local filmmaker” means a person who owns a television or film production company that has its principal place of business in this state.

(6) “Local media production services company” means a media production services company that has its principal place of business in this state.

(7) “Media production services” includes postproduction services and interactive video game development. “Media production services” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(8) “Media production services company” means a person who is engaged in media production services.

(9) "Principal place of business" means the office, in or out of this state, where the principal executive offices of a domestic or foreign corporation are located and where the company identifies as its singular “corporate headquarters.”

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2017, f. & cert. ef. 5-2-17
• FVO 4-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 951-002-0005 Program Application

A person proposing to produce a qualifying film or television production and wishing to receive a production spending rebate from the OPIF with respect to the production shall submit an application to the Oregon Film and Video Office for an eligibility determination. Unless otherwise permitted by the OFVO, the application must be submitted prior to the commencement of production. Incomplete applications will not be accepted.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2017, f. & cert. ef. 5-2-17
• FVO 1-2007, f. & cert. ef. 6-1-07
• FVO 4-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 951-002-0010 Eligibility Determination

(1) Except as set forth in sections (2), (3) and (4), the OFVO will approve the applications for eligibility for productions that satisfy the following requirements:

(a) The production satisfies the non-monetary portions of the “qualifying film or television production” definition.

(b) Projected spending in Oregon on the production is reasonably anticipated to equal or exceed US $1 million.

(c) The producer includes, with its application, a letter to the OFVO stating the producer’s intent to film the production in Oregon and its willingness and ability to enter into a contract with the OFVO setting forth the terms and conditions of the rebate.

(2) The following productions are not eligible:

(a) Productions of a producer that has, or whose principals have, a verifiable history of previous production problems that create significant doubt, as determined by the OFVO, regarding the producer’s ability to complete a production in Oregon successfully. The production problems may include, but are but not limited to:

(A) Unpaid financial obligations;

(B) Crew mistreatment; or

(C) Damage to locations that the producer did not repair upon completion of the production.

(b) Productions with respect to which the producer withdraws its application for eligibility determination.

(c) Productions whose applications for eligibility are filed at times when there are not sufficient funds available in the Oregon Production Investment Fund to pay the anticipated rebates.

(d) Productions that the OFVO determines are unlikely to further the purposes of the Oregon Production Investment Fund.

(e) Productions that pay any employee less than minimum wage as set forth in (Oregon minimum wage rule – ORS 653.025).

(f) Media production services projects (specifically, postproduction and interactive games) principally produced by media production services companies who’s principal place of business is not located within the state of Oregon.

(3) If the OFVO receives multiple relatively concurrent applications for eligibility determinations and there are not sufficient funds available in the Oregon Production Investment Fund to pay anticipated rebates with respect to all of the productions, the OFVO will determine which applications to approve and which to deny based on the following factors:

(a) Satisfaction of requirements of section (1)

(b) Chronological order of receipt of application

(c) Amount of production spending anticipated in Oregon

(d) Number of film workers expected to be hired

(e) Experience level of producer

(f) Reputation of the producer and its principals

(g) Estimated production start date

(h) Other benefits to Oregon, including but not limited to promotional value, long-term financial benefits, contribution to development of Oregon’s crew and talent base or production industry infrastructure.

(i) Whether the production company has contributed to the Oregon Production Investment Fund.

(j) Whether the production company intends to pay prevailing industry rates and provide health, retirement and other benefits.

(k) Whether receipt of a production rebate from the OPIF is a determining factor in bringing or keeping the production in Oregon.

(4) Upon approval of an application for eligibility with respect to a production, the producer must enter into a contract with OFVO stipulating the producer’s intent to film the production in Oregon and setting forth the terms and conditions of the rebate. If the producer and the OFVO have not entered into the contract within 30 days of the production’s eligibility approval, the production’s eligibility will be automatically revoked unless the OFVO, in its discretion, extends the deadline for contract execution.

(5) No single qualifying film or television production or filmmaker or local filmmaker or media production services company or local media production services company can be awarded more than 50% of the entire OPIF fund (net the annual allocations for iOPIF and rOPIF) in any given single fiscal year.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2017, f. & cert. ef. 5-2-17
• FVO 1-2008, f. & cert. ef. 6-27-08
• FVO 1-2007, f. & cert. ef. 6-1-07
• FVO 4-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 951-002-0020 Payment of rebates

(1) Regardless of whether the production is otherwise a qualifying film or television production or whether the OFVO determined the production eligible, rebates from the Oregon Production Investment Fund will only be paid pursuant to and upon the terms and conditions of a contract entered into between the OFVO and producer pursuant to OAR 951-002-0010(4). If no contract is entered into, no rebates will be paid. Amounts paid by the production to an individual or company in excess of $1 million are excluded and ineligible for a rebate.

(2) In addition to any other terms and conditions that the OFVO considers necessary or desirable, contracts for Oregon Production Investment Fund rebates will usually include the following:

(a) A requirement that the producer submit to the OFVO, after completion of the production work in Oregon, financial and other records sufficient to verify that the production satisfied the minimum expenditure requirement for a rebate.

(b) Authorization for the OFVO to deduct from the rebate the costs reasonably incurred by the OFVO in verifying the production expenditures in Oregon, including but not limited to, the costs incurred by OFVO in obtaining an outside accounting review, audit, or both, of the financial and other records evidencing the expenditures. The OFVO will usually submit the expenditure documentation to an outside accounting firm for a review after the OFVO has completed its review. Based on the advice of the outside accounting firm, the OFVO may require an audit of the production’s financial records.

(c) Provisions conditioning OFVO’s obligation to pay the rebate on the producer’s compliance with the terms of the contract and satisfactory verification of production spending in Oregon of at least US $1 million.

(d) Provisions conditioning OFVO’s obligation to pay the rebate on the production spending in Oregon after the date that OFVO approves the production’s eligibility, of at least US $1 million.

(e) Production to provide final crew and vendor lists with final accounting.

(f) Production to provide promotional materials (such as photos, trailers, electronic press kits) to OFVO. OFVO may use such materials strictly for non profit purposes such as for archival, governmental relations and marketing purposes. OFVO shall not grant usage to any other entity and shall request additional permission prior to any use other than those listed. OFVO understands that talent contracts may prohibit use of actors’ images without express permission and agrees to abide by such agreements when advised of the production company of said limitations.

(g) Productions receiving rebates will include the approved “Oregon Film” logo and/or the “Oregon Made” logo in the final end crawl or packaging of the project wherever allowed by Filmmaker’s contracts with its clients.

(h) Productions receiving rebates are required to have a written diversity, equity and inclusion policy to hire or contract with individuals from underrepresented groups as of the date on which the company submits an application for reimbursement. In accordance with that written policy, each company must actively engage in good faith efforts to hire or contract with individuals from underrepresented groups for the production. This written policy needs to be submitted during the application process and then adhered to during the hiring, prep and production periods.

(i) Productions receiving rebates are required to report diversity statistics for all employee hiring related to the production to OFVO during or after completion of the production.

(j) Productions receiving rebates are required to have a written process for addressing claims of harassment, discrimination and other misconduct related to the production (including, but not limited to, procedures for reporting and investigating harassment claims, a phone number for an individual who will be responsible for receiving harassment claims, and a statement that the company will not retaliate against an individual who reports harassment). This needs to be a specific "process" by which complaints and reports can be made and then followed up on in some form.

(3) Payment of OPIF reimbursements are subject to funds being available in the OPIF program.

(4) OFVO makes a recommendation on reimbursement to the Oregon Business Development Department (“OBDD”) with the final decision made, and funds released by, OBDD.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2021, amend filed 09/27/2021, effective 09/27/2021
• FVO 1-2017, f. & cert. ef. 5-2-17
• FVO 1-2007, f. & cert. ef. 6-1-07
• FVO 4-2004, f. & cert. ef. 11-26-04

Division 3 FILM PRODUCTION DEVELOPMENT CONTRIBUTION CREDIT (TAX CREDIT AUCTION)

Or. Admin. R. 951-003-0000 Purpose

(1) These rules specify the procedures for Oregon Film and Video Office certification of tax credits arising from contributions to the Oregon Production Investment Fund, as authorized by ORS 315.514.

(2) The Oregon Production Investment Fund tax credits were authorized by the 2003 legislature to:

(a) Encourage taxpayers to make contributions to the Oregon Production Investment Fund by providing a financial return for qualified contributions.

(b) Encourage film and television production in Oregon by providing incentives in the form of production spending rebates, from the Oregon Production Investment Fund, to qualifying productions.

(c) Strengthen Oregon’s film and video industry infrastructure by bringing in more production spending to this sector of the economy.

History

• Statutory/Other Authority: ORS 284.335 & 315.514
• Statutes/Other Implemented: ORS 315.514
• FVO 4-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 951-003-0001 Definitions

(1) “Tax credit” means certification of an amount for credit by the OFVO under ORS 315.514 and these administrative rules and arising from a qualifying contribution.

(2) “Oregon Production Investment Fund” means the fund created by ORS 284.367.

(3) “Qualifying contribution” means a contribution made by a taxpayer to the Oregon Production Investment Fund and for which an application, in the form designated by the OFVO, is submitted for a tax credit.

(4) “Tax credit certificate” means a certificate issued by the OFVO to a taxpayer evidencing a tax credit.

(5) “OFVO” means the Oregon Film and Video Office.

History

• Statutory/Other Authority: ORS 284.335 & 315.514
• Statutes/Other Implemented: ORS 315.514
• FVO 1-2019, amend filed 08/26/2019, effective 08/26/2019
• FVO 4-2004, f. & cert. ef. 11-26-04

Or. Admin. R. 951-003-0003 Program Description

(1) A credit against the taxes that are otherwise due under ORS chapter 316 or, if the taxpayer is a corporation, under ORS chapter 317 or 318, is allowed to a taxpayer for certified film production development contributions made by the taxpayer during the tax year to the Oregon Production Investment Fund established under ORS 284.367 (Oregon Production Investment Fund).

(2)(a) The Department of Revenue shall, in cooperation with OFVO, conduct an auction of tax credits under this section. The department may conduct the auction in the manner that it determines is best suited to maximize the return to the state on the sale of tax credit certifications and shall announce a reserve bid prior to conducting the auction. The reserve amount shall be at least 90 percent of the total amount of the tax credit. Moneys necessary to reimburse the department for the actual costs incurred by the department in administering an auction, not to exceed 0.25 percent of auction proceeds, are continuously appropriated to the department. The department shall deposit net receipts from the auction required under this section in the Oregon Production Investment Fund.

(b) OFVO shall adopt rules in order to achieve the following goals:

(A) Subject to paragraph (a) of this subsection, generate contributions for which tax credits of the maximum allowable under ORS 315.514 Sec. 2(b)(A) are certified for each fiscal year;

(B) Maximize income and excise tax revenues that are retained by the State of Oregon for state operations; and

(C) Provide the necessary financial incentives for taxpayers to make contributions, taking into consideration the impact of granting a credit upon a taxpayer’s federal income tax liability.

(3) Contributions made under this section shall be deposited in the Oregon Production Investment Fund.

(4)(a) Upon receipt of a contribution, OFVO shall, except as provided in ORS 315.516 (Funding in lieu of tax credit certification), issue to the taxpayer written certification of the amount certified for tax credit under this section to the extent the amount certified for tax credit, when added to all amounts previously certified for tax credit under this section, does not exceed the maximum allowable under ORS 315.514 Sec. 2(b)(A) for the fiscal year in which certification is made.

(b) OFVO and the department are not liable, and a refund of a contributed amount need not be made, if a taxpayer who has received tax credit certification is unable to use all or a portion of the tax credit to offset the tax liability of the taxpayer.

(5) To the extent OFVO does not certify contributed amounts as eligible for a tax credit under this section, the taxpayer may request a refund of the amount the taxpayer contributed, and the office shall refund that amount.

(6)(a) Except as provided in paragraph (b) of this subsection, a tax credit claimed under this section may not exceed the tax liability of the taxpayer and may not be carried over to another tax year.

(b) Any tax credit otherwise allowable under this section that is not used by the taxpayer in a particular tax year may be carried forward and offset against the taxpayer’s tax liability for the next succeeding tax year. Any credit remaining unused in the next succeeding tax year may be carried forward and used in the second succeeding tax year, and likewise, any credit not used in that second succeeding tax year may be carried forward and used in the third succeeding tax year but may not be carried forward for any tax year thereafter.

(7) If a tax credit is claimed under this section by a nonresident or part-year resident taxpayer, the amount shall be allowed without proration under ORS 316.117 (Proration between Oregon income and other income for nonresidents, part-year residents and trusts).

(8) If the amount of contribution for which a tax credit certification is made is allowed as a deduction for federal tax purposes, the amount of the contribution shall be added to federal taxable income for Oregon tax purposes.

History

• Statutory/Other Authority: ORS 284.335 & ORS 315.514
• Statutes/Other Implemented: ORS 315.514
• FVO 1-2019, adopt filed 08/26/2019, effective 08/26/2019

Or. Admin. R. 951-003-0010 Auctions

(1) OFVO will conduct at least one (1) auction of tax credits in any calendar year in coordination with the Department of Revenue and utilizing their system.

(2) The Oregon Film Office will publicize any auction via its emailed newsletter and online platforms, including but not limited to the OregonConfluence.com and @OregonFilm on Facebook.

(3) Auctions will be administered by the Department of Revenue and all bids and payments resulting from the auction will be sent to, collected and collated by the Department of Revenue. It is currently expected that all auctions will be carried out online utilizing the Department of Revenue’s online system.

(4) Questions specifically about the mechanics of the auction and bids made during the auction that are sent during the auction itself will be passed along to the Department of Revenue as administrator of the auction. OFVO will answer the questions it deems appropriate and aid in the administration of questions poised and other communications with clients participating in the auction.

(5) Auctions will have a specified time period from the official opening time for the acceptance of bids and the time at which the last bid will be accepted. Any bids tender outside of these specified times will not be accepted or allowed.

(6) All bidders must send, mail or personally deliver a money order, certified or cashier’s check made out to the Oregon Department of Revenue in the exact total amount of their bid to specified Department of Revenue offices throughout the state within a specified time period after the auction officially closes in order for their bid to be considered as final.

(7) If the sum of all the bids made during the auction exceed the amount of tax credits available for sale, then winning bids will be determined by the following criteria, in this order:

(a) Payment for full amount of bid is physically received by the Department of Revenue within the timeframe specified after the auction officially closes;

(b) Highest value bids;

(c) Earliest timestamped bids;

(8) Unsuccessful bidders will have their certified or cashier’s checks returned to them via US Mail after winning bids are determined via criteria in (7)(a) through (c).

History

• Statutory/Other Authority: ORS 284.335 & ORS 315.514
• Statutes/Other Implemented: ORS 315.514
• FVO 1-2019, adopt filed 08/26/2019, effective 08/26/2019

Or. Admin. R. 951-003-0020 Issuing of Certificates

(1) The final determination of the winning bids not exceeding the total amount of tax credits available for sale will be made by the Department of Revenue and delivered to OFVO within fourteen (14) calendar days of the official closing date of the auction.

(2) This list of winning bids shall include the following information:

(a) Winning bidder’s name;

(b) winning bidder’s mailing address;

(c) total amount of $500 tax credit increments purchased;

(d) total amount of winning bid paid via certified or cashier’s check;

(e) any other information that the Department of Revenue deems necessary for OFVO to issue certificates.

(3) Based on the list of winning bids, the Oregon Film & Video office will generate certificates for each qualified contributor.

(4) Certificates will include the following information:

(a) Purchaser’s name;

(b) Purchaser’s mailing address;

(c) Number of increments purchased;

(d) Amount bid per increment;

(e) Total qualified contribution amount;

(f) Total tax credit amount.

(5) The Oregon Film and Video office will send out certificates to all winning bidders via US Mail within thirty (30) days of receiving the final winning bidder list from the Department of Revenue.

(6) The Oregon Film and Video office will respond to questions about the tax credit certificates and record and replace any certificates that have gone missing or are reported as lost by the certificate holder.

History

• Statutory/Other Authority: ORS 284.335 & ORS 315.514
• Statutes/Other Implemented: ORS 315.514
• FVO 1-2019, adopt filed 08/26/2019, effective 08/26/2019

Division 4 GREENLIGHT OREGON LABOR REBATE APPLICATION, CERTIFICATION AND WITHHOLDING (GOLR)

Or. Admin. R. 951-004-0000 Purpose

The purpose of these rules is to provide guidance for the administration of the Greenlight Oregon Labor film and television production rebates as authorized by Oregon Laws 2005, chapter 559. The Greenlight Oregon Labor Rebate Program was authorized by the 2005 legislature to encourage film and video production in Oregon, thereby increasing job opportunities for Oregonians in the film and video industry and bringing additional production spending into the state.

History

• Statutory/Other Authority: ORS 284.335 & OL 2005 & ch 559
• Statutes/Other Implemented: OL 2005 & ch 559
• FVO 2-2006, f. & cert. ef. 11-17-06

Or. Admin. R. 951-004-0001 Definitions

(1) “Actual Expenses” means costs paid in Oregon for pre-production, principal photography, production or postproduction in Oregon of a Qualifying Film Production, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work done in Oregon.

(2) “OFVO” means the Oregon Film & Video Office created by ORS 284.305.

(3) “Qualifying Film Production” means a film or television production that occurs primarily in Oregon of: one or more commercials; one or more episodes of a television show; or a movie to be released in theatres, on video, on television, over the internet or over any other distribution channel.

(4) “Qualifying Compensation” means wages paid by an employer to an employee for services performed in Oregon in connection with a Qualifying Film Production.

History

• Statutory/Other Authority: ORS 284.335 & OL 2005 & ch 559
• Statutes/Other Implemented: OL 2005 & ch 559
• FVO 2-2006, f. & cert. ef. 11-17-06

Or. Admin. R. 951-004-0002 Application for Certification

A person proposing to produce a Qualifying Film Production and wishing to receive a labor rebate with respect to the production shall submit an application to the Oregon Film and Video Office for certification. The application must be in a form designated by OFVO and submitted within 10 business days of commencement of pre-production in Oregon.

History

• Statutory/Other Authority: ORS 284.335 & OL 2005 & ch 559
• Statutes/Other Implemented: OL 2005 & ch 559
• FVO 2-2006, f. & cert. ef. 11-17-06

Or. Admin. R. 951-004-0003 Greenlight Oregon Labor Rebate Certification

(1) After receipt of an application for certification, the OFVO will review the application to determine if the proposed Qualifying Film Production satisfies the following certification requirements:

(a) OFVO determines that it is reasonably likely that the applicant will incur Actual Expenses of at least $1 million that are related to the Qualifying Film Production proposed by the applicant;

(b) If the Qualifying Film Production proposed by the applicant consists of one or more episodes of a television series, the Actual Expenses are associated with production that comprises no more than a single season of episodes;

(c) If the Qualifying Film Production proposed by the applicant consists of one or more commercials, the Actual Expenses are to be incurred within a single year; and

(d) If the Qualifying Film Production proposed by the applicant consists of a movie or other film production not described in sections (1) or (2) above, the Actual Expenses are associated with that movie or other film production;

(e) The Qualifying Film Production meets the requirements of OAR 951-004-0004.

(2) If the OFVO determines that the Qualifying Film Production proposed by the applicant satisfies the certification requirements set forth in section (1) of this rule, the OFVO will pre-certify the rebate pending verification that the withholding required has been paid. The OFVO will send a written certificate evidencing the pre-certification to the applicant and a copy of the pre-certificationto the Oregon Department of Revenue.

(3) The Oregon Department of Revenue will verify that the taxes required under OAR 951-004-0004 have been paid and will inform the OFVO of the Qualifying Film Production’s compliance with the rule.

(4) Upon verification from the Department of Revenue that the Qualifying Film Production has paid the required taxes, the OFVO will finalize the certification and issue a final certificate to the Qualifying Film Production showing the amount of the Greenlight Oregon Labor Rebate. The Department of Revenue will issue payment for the Labor Rebate amount shown on the final certificate.

History

• Statutory/Other Authority: ORS 284.335 & 2005 OL Ch. 559
• Statutes/Other Implemented: 2005 OL Ch. 559
• FVO 1-2011, f. 12-15-11, cert. ef. 1-1-12
• FVO 2-2006, f. & cert. ef. 11-17-06

Or. Admin. R. 951-004-0004 Greenlight Oregon Labor Rebate: Withholding and Reporting

(1) A person issued a written pre-certification under OAR 951-004-003 must:

(a) Withhold from qualifying compensation and remit to the Oregon Department of Revenue a minimum aggregate withholding of 6.2% of the total qualifying compensation using payroll reporting procedures found in ORS 316.162 to 316.221 and related rules.

(b) Send a written report to the OFVO specifying:

(A) The total amount of Qualifying Compensation paid by the person for the period;

(B) The names, taxpayer identification numbers, amounts of qualifying compensation, and withholding made for each employee receiving Qualifying Compensation during which period the Qualifying Film Production was produced;

(C) Copies of the Oregon Form OQ and Oregon Form 132 reported for the Qualifying Film Production for the period;

(D) Copies of unemployment insurance tax returns for states other than Oregon if the employees upon which Oregon withholding was made are not included on the Oregon Form 132 for the period; and

(E) Any other information required by the OFVO.

(2) The written report required in subsection (1)(b) of this rule is due by the 31st of each month following regular quarterly payroll tax reporting periods, or within 30 days following the completion of the Qualifying Film Production, whichever is earlier.

(3) Notwithstanding subsection (1)(a) of this rule, a Qualifying Film Production may use a third-party payroll reporting service to pay the Qualifying Compensation and withhold appropriately on behalf of the Qualifying Film Production.

(a) If the Qualifying Film Production engages another company to pay the Qualifying Compensation and withhold the tax, the Qualifying Film Production must inform the OFVO of the name and tax identification numbers of the entity retained before any Qualifying Compensation is paid on behalf of the Qualifying Film Production.

(b) To use the compensation paid by the third-party payroll reporting service to qualify as Qualifying Compensation for the certificate holder, the Qualifying Film Production must provide copies of the payroll reports that reflect the same information as is required in subsection (1)(b) of this rule for the entity retained to pay the qualifying compensation and the tax on behalf of the Qualifying Film Production.

(c) If the third-party payroll reporting service retained by the Qualifying Film Production has not reported and remitted the tax in full, the Qualifying Film Production may not use the compensation paid to employees to qualify for the Greenlight Oregon Labor Rebate.

History

• Statutory/Other Authority: ORS 284.335 & 2005 OL Ch. 559
• Statutes/Other Implemented: 2005 OL Ch. 559
• FVO 1-2011, f. 12-15-11, cert. ef. 1-1-12
• FVO 2-2006, f. & cert. ef. 11-17-06

Division 5 GREENLIGHT OREGON LABOR REBATE PAYMENT OF REBATES (GOLR)

Or. Admin. R. 951-005-0000 Purpose

The purpose of these rules is to provide guidance for the payment of rebates from the Greenlight Oregon Labor Rebate Fund as authorized by Oregon Laws 2005, chapter 559. The Greenlight Oregon Labor Rebate Fund was authorized by the 2005 legislature to encourage film and video production in Oregon, thereby increasing job opportunities for Oregonians in the film and video industry and bringing additional production spending into the state.

History

• Statutory/Other Authority: ORS 284.335 & OL 2005 & ch 559
• Statutes/Other Implemented: OL 2005 & ch 559
• FVO 1-2006, f. & cert. ef. 11-17-06

Or. Admin. R. 951-005-0001 Definitions

(1) “Actual Expenses” means the costs paid in Oregon for principal photography, production or postproduction in Oregon of a Qualifying Film Production, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

(2) “Commercial” means a moving image production created to advertise a product or service.

(3) “Qualifying Compensation” means wages paid by an employer to an employee for services performed in Oregon in connection with a Qualifying Film Production.

(4) “Qualifying Film Production” means a production that occurs primarily in Oregon of: one or more commercials; one or more episodes of a television show; or a movie to be released in theatres, on video, on television, over the internet or over any other distribution channel. “Qualifying film or television production” does not include the production of one or more segments of a newscast or sporting event.

(5) “OFVO”, or “Oregon Film & Video Office” means the Oregon Film & Video Office created by ORS 284.305.

History

• Statutory/Other Authority: ORS 284.335 & OL 2005 & ch 559
• Statutes/Other Implemented: ORS 284.367 & OL 2005 & ch 559
• FVO 1-2006, f. & cert. ef. 11-17-06

Or. Admin. R. 951-005-0002 Payment of rebates

(1) Upon completion of the qualifying film production for which a certificate was issued the OFVO shall verify the actual expenses supporting a claim. The qualifying production must:

(a) Submit to the OFVO an appication for a rebate within the following time frames:

(A) A feature film or television episode or series — 30 days from completion work in Oregon on the qualifying film production;

(B) A commercial — on or before January 31 of the year following the year in which the commercials were produced.

(b) Submit to the OFVO, after completion of the work in Oregon on the qualifying film production, financial and other records sufficient to verify that the production satisfied the minimum expenditure requirement for a rebate;

(c) Authorization for the OFVO to deduct from the rebate the costs reasonably incurred by the OFVO in verifying the production expenditures in Oregon, including but not limited to, the costs incurred by OFVO in obtaining an outside accounting review, audit, or both, of the financial and other records evidencing the expenditures. The OFVO will usually submit the expenditure documentation to an outside accounting firm for a review after the OFVO has completed its review. Based on the advice of the outside accounting firm, the OFVO may require an audit of the production’s financial records.

(2) If the OFVO is unable to verify actual expenses of a minimum of $1 million, the office may decline to pay a labor rebate to the certificate holder.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2006, f. & cert. ef. 11-17-06

Division 6 OREGON PRODUCTION INVESTMENT FUND PRODUCTION SPENDING REIMBURSEMENTS FOR LOCALLY PRODUCED PRODUCTIONS (L-OPIF)

Or. Admin. R. 951-006-0000 Purpose

The purpose of these rules is to provide guidance for the administration of the portion of the Oregon Production Investment Fund that is to be used for film and television production expense reimbursement for local filmmakers and local media production services companies as authorized by ORS 284.368(3).

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.367 & 284.368
• FVO 1-2016, f. & cert. ef. 6-21-16
• FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10

Or. Admin. R. 951-006-0001 Definitions

(1) “Qualifying film or television production” means a movie produced for release to theaters, video or the Internet or a television movie or one or more episodes of a single television series, or a media production services project produced by a local media production services company, the production of which will result in the spending of at least $75,000.00 directly to Oregon resident vendors or for work done in Oregon. “Qualifying film or television production” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(2) “L-OPIF” means the part of the Oregon Production Investment Fund created by ORS 284.367 that is to be used to provide expense reimbursement for local film makers and local media production services companies pursuant to ORS 284.367(4).

(3) “Filmmaker” means a person who owns a television or film production company.

(4) “Local filmmaker” means a person who owns a television or film production company that has its principal place of business in this state.

(5) “Local media production services company” means a media production services company that has its principal place of business in this state.

(6) “Media production services” includes postproduction services and interactive video game development. “Media production services” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(7) “Media production services company” means a person who is engaged in media production services.

(8) “Resident of this state” has the meaning given that term in ORS 316.027.

(9) “OFVO” means the Oregon Film & Video Office created by ORS 284.305.

(10) "Principal place of business" means the office, in or out of this state, where the principal executive offices of a domestic or foreign corporation are located and where the company identifies as its singular “corporate headquarters.”

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.368
• FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022
• FVO 1-2016, f. & cert. ef. 6-21-16
• FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10

Or. Admin. R. 951-006-0005 Program Application

A local filmmaker proposing to produce a qualifying film or television production or a local media production services company that wishes to receive reimbursement for production spending from the iOPIF with respect to the production shall submit an application to the OFVO for an eligibility determination. Unless otherwise permitted by the OFVO, the application must be submitted prior to the commencement of production. Incomplete applications will not be accepted.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.368
• FVO 1-2016, f. & cert. ef. 6-21-16
• FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10

Or. Admin. R. 951-006-0010 Eligibility Determination

(1) Except as set forth in sections (2) and (3), the OFVO will approve the applications for eligibility for productions that satisfy the following requirements:

(a) The production satisfies the non-monetary portions of the “qualifying film or television production” definition.

(b) Projected spending in Oregon on the production is reasonably anticipated to equal not less than $75,000.

(c) The local filmmaker or local media production services company includes, with its application, a letter to the OFVO stating its intent for production to take place in Oregon and its willingness and ability to enter into a contract with the OFVO setting forth the terms and conditions of reimbursement.

(d) Upon request of the OFVO, provide proof of production insurance. The example below shows industry standards for an average live action film/television production. Varying coverage amounts may be approved by the OFVO based on industry standards for the specific type of project for which the reimbursement is requested.

(e) Name and contact information for payroll company.

(2) The following productions are not eligible:

(a) A production of a local filmmaker or local media production services company that has, or whose principals have, a verifiable history of previous production problems that create significant doubt, as determined by the OFVO, regarding the ability of the local filmmaker or local media production services company to complete a production in Oregon successfully. The production problems may include, but are but not limited to:

(A) Unpaid financial obligations;

(B) Crew mistreatment; or

(C) Damage to locations that the local filmmaker or local media production services company did not repair upon completion of the production.

(b) A production with respect to which the local filmmaker or local media production services company withdraws its application for eligibility determination.

(c) A production that the OFVO determines is unlikely to further the purposes of the L-OPIF.

(d) The production must pay its employees minimum wage as set forth in the Oregon minimum wage rule (ORS653.025) or meet the requirements of applicable union contracts the production has entered into.

(e) A production that employs any individual as an “intern” without that individual receiving academic credit. See the Oregon Bureau of Labor and Industries for additional information: www.boli.state.or.us/BOLI/TA/T_FAQ_Interns.shtml. A production determined to be ineligible may appeal to the Film and Video Board, upon written application.

(3) If the OFVO receives multiple relatively concurrent applications for eligibility determinations and there are not sufficient funds available in the iOPIF to pay the requested expense reimbursements with respect to all of the productions, the OFVO will determine which applications to approve and which to deny based on the following factors:

(a) Satisfaction of requirements of section (1)

(b) Chronological order of receipt of application

(c) Amount of production spending anticipated in Oregon

(d) Number of production workers expected to be hired

(e) Experience level of local filmmaker or local media production services company

(f) Reputation of the local filmmaker or local media production services company and its principals

(g) Estimated production start date

(h) Other benefits to Oregon, including but not limited to promotional value, long-term financial benefits, contribution to development of Oregon’s crew and talent base or production industry infrastructure.

(i) Whether the local filmmaker or local media production services company has contributed to the L-OPIF.

(j) Whether the local filmmaker or local media production services company intends to pay prevailing industry rates and provide health, retirement and other benefits.

(4) Upon approval of an application for eligibility with respect to a production, the local filmmaker or local media production services company must enter into a contract with OFVO stipulating its intent to make the production in Oregon and setting forth the terms and conditions of the reimbursement. If the local filmmaker or local media production services company and the OFVO have not entered into the contract within 30 days of its eligibility approval, the local filmmaker or local media production services company’s eligibility will be automatically revoked unless the OFVO, in its discretion, extends the deadline for contract execution.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.368
• FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022
• FVO 1-2016, f. & cert. ef. 6-21-16
• FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10

Or. Admin. R. 951-006-0020 Payment of Rebates

(1) Regardless of whether the production is otherwise a qualifying film or television production or a qualified local media production or whether the OFVO determined the production eligible, reimbursement of expenses from the L-OPIF will only be paid pursuant to and upon the terms and conditions of a contract entered into between the OFVO and the local filmmaker or local media production services company pursuant to OAR 951-006-0010(4). If the local filmmaker or local media production services company does not enter into a contract with OFVO, the local filmmaker or local media production services company will not receive any reimbursement of expenses from OFVO.

(2) In addition to any other terms and conditions that the OFVO considers necessary or desirable, contracts for L-OPIF reimbursements will usually include the following provisions:

(a) The local filmmaker or local media production services company must submit to the OFVO, after completion of the production work in Oregon, financial and other records sufficient to verify that the production satisfied the expenditure requirement for reimbursement.

(b) Authorization for the OFVO to deduct from the reimbursement the costs reasonably incurred by the OFVO in verifying the production expenditures in Oregon, including but not limited to, the costs incurred by OFVO in obtaining an outside accounting review, audit, or both, of the financial and other records evidencing the expenditures. The OFVO will usually submit the expenditure documentation to an outside accounting firm for a review after the OFVO has completed its review. Based on the advice of the outside accounting firm, the OFVO may require an audit of the production’s financial records.

(c) OFVO’s obligation to make any reimbursement of expenses is conditioned on (i) availability of funds in the L-OPIF to pay for the requested reimbursement and (ii) compliance by the local filmmaker or local media production services company with the terms of the contract and satisfactory verification of production spending in Oregon of at least US $75,000.

(d) The local filmmaker or local media production services company must provide to OFVO vendor lists with final accounting.

(e) The local filmmaker or local media production services company must provide promotional materials (such as photos, trailers, and electronic press kits) to OFVO. OFVO may use such materials strictly for its own archival, governmental relations and marketing purposes. OFVO shall not grant usage to any other entity or charge for any such usage and shall request additional permission prior to any use other than those listed. OFVO understands that talent contracts may prohibit use of actors’ images without express permission and agrees to abide by such limitations when advised in writing of said limitations.

(f) A minimum of 80 percent of the production’s employees and independent contractors must be residents of Oregon. Background performers may not be counted toward meeting this requirement.

(g) The local filmmaker or local media production services company must provide the final crew list along with proof of residency for each crew member. Proof of residency may include an Oregon driver’s license, or other legal documents approved by the Director of the OFVO, or may be provided through a payroll report that shows state of residency.

(h) The local filmmaker or local media production services company must employ or contract with a public accountant certified under ORS 673.040 for the provision of payroll services.

(i) The local filmmaker or local media production services company must provide OFVO proof of completion of the production in the form of a rough cut of the film/television/media production, or submission of a selection of dailies, either of which will demonstrate original script synopsis. Other proof of completion is subject to approval of the OFVO.

(j) The local filmmaker or local media production services company must provide a list, if utilized, of interns and the academic institutions, including contact information, from which such interns are receiving academic credit.

(k) Productions receiving rebates will include the approved “Oregon Film” logo and/or the “Oregon Made” logo in the final end crawl or packaging of the project wherever allowed by Filmmaker’s contracts with its clients.

(l) Productions receiving rebates are required to have a written diversity, equity and inclusion policy to hire or contract with individuals from underrepresented groups as of the date on which the company submits an application for reimbursement. In accordance with that written policy, each company must actively engage in good faith efforts to hire or contract with individuals from underrepresented groups for the production. This written policy needs to be submitted during the application process and then adhered to during the hiring, prep and production periods.

(m) Productions receiving rebates are required to report diversity statistics for all employee hiring related to the production to OFVO during or after completion of the production.

(n) Productions receiving rebates are required to have a written process for addressing claims of harassment, discrimination and other misconduct related to the production (including, but not limited to, procedures for reporting and investigating harassment claims, a phone number for an individual who will be responsible for receiving harassment claims, and a statement that the company will not retaliate against an individual who reports harassment). This needs to be a specific "process" by which complaints and reports can be made and then followed up on in some form.

(3) Payment of L-OPIF reimbursements are subject to funds being available for the L-OPIF program.

History

• Statutory/Other Authority: ORS 284.335 & 284.368
• Statutes/Other Implemented: ORS 284.368
• FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022
• FVO 1-2021, amend filed 09/27/2021, effective 09/27/2021
• FVO 1-2016, f. & cert. ef. 6-21-16
• FVO 2-2009, f. 11-12-09 cert. ef. 1-1-10

Division 7 OREGON PRODUCTION INVESTMENT FUND PRODUCTION SPENDING REIMBURSEMENTS FOR REGIONAL PRODUCTION (R-OPIF)

Or. Admin. R. 951-007-0000 Purpose

The purpose of these rules is to provide guidance for the administration of the portion of the Oregon Production Investment Fund that is to be used for film and television production expense reimbursement for regional production work as authorized by ORS284.368(4).

History

• Statutory/Other Authority: ORS284.368(4)
• Statutes/Other Implemented: ORS284.368(4)
• FVO 2-2017, f. & cert. ef. 5-2-17

Or. Admin. R. 951-007-0001 Definitions

(1) “Qualifying film or television production” means a movie produced for release to theaters, video or the Internet or a television movie or one or more episodes of a single television series, or a local media production services project produced by a local media production services company, the production of which will result in the spending of at least $75,000.00 of Actual Oregon Expenses (as defined in 951-007-0001(12) below). “Qualifying film or television production” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(2) “OPIF” means Oregon Production Investment Fund created by ORS 284.367.

(3) “L-OPIF” means the part of the Oregon Production Investment Fund created by ORS 284.367 that is to be used to provide expense reimbursement for local film makers and local media production services companies pursuant to ORS 284.367(4).

(4) “Portland Metropolitan Zone” means the area within a 30 mile circular radius drawn from the center of Burnside Bridge.

(5) “Overnight Location” means a production location which requires cast & crew to be housed on an overnight basis due to the distance from the filmmaker’s production office in the Portland Metropolitan Zone.

(6) “rOPIF” means the part of the Oregon Production Investment Fund created by ORS 284.368(4) that is to be used to provide expense reimbursement for filmmakers, local filmmakers and local media production services companies pursuant to ORS 284.368(4) used to provide expense reimbursement for a qualifying film or television production by a filmmaker or local filmmaker doing production work outside of the Portland Metropolitan Zone pursuant to ORS284.368(4).

(7) “Filmmaker” means a person who owns a television or film production company.

(8) “Local filmmaker” means a person who owns a television or film production company or a local media production services company that has its principal place of business in this state.

(9) “Local media production services company” means a media production services company that has its principal place of business in this state.

(10) “Media production services” includes postproduction services and interactive video game development. “Media production services” does not include the production of a commercial or one or more segments of a newscast or sporting event.

(11) “Production Office” means the filmmaker or local filmmaker’s principal coordinating office for all production activities within the state of Oregon.

(12) “Principal Shooting Unit” means the “first" or “main” production unit, crew, and actors of a filmmaker or local filmmaker’s qualifying film or television production (as opposed to a “second” or “additional" unit, as is understood in the industry) which includes, but is not limited to, the principal director and cast of the qualifying film or television production.

(13) “Actual Oregon Expenses” means costs paid in Oregon for principal photography, production or postproduction in Oregon of a film, or for media production services, including but not limited to the purchase or rental cost of equipment, food, lodging, real property and permits and payments made for salaries, wages and benefits for work in Oregon.

(14) “OFVO” means the Oregon Film & Video Office created by ORS 284.305.

History

• Statutory/Other Authority: ORS284.368(4)
• Statutes/Other Implemented: ORS284.368(4)
• FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022
• FVO 2-2017, f. & cert. ef. 5-2-17

Or. Admin. R. 951-007-0005 Program Application

A filmmaker or local filmmaker proposing to produce a qualifying film or television production or a local media production services company that wishes to receive reimbursement for production spending from rOPIF with respect to the production shall submit an application to the OFVO for an eligibility determination. Unless otherwise permitted by the OFVO, the application must be submitted prior to the commencement of production. Incomplete applications will not be accepted.

History

• Statutory/Other Authority: ORS284.368(4)
• Statutes/Other Implemented: ORS284.368(4)
• FVO 2-2017, f. & cert. ef. 5-2-17

Or. Admin. R. 951-007-0010 Eligibility Determination

(1) Except as set forth in sections (2), (3) and (4), the OFVO will approve the applications for eligibility for productions that satisfy the following requirements:

(a) The production satisfies the non-monetary portions of the “qualifying film or television production” definition.

(b) If Actual Oregon Expenses are reasonably anticipated to equal but not less than $75,000.

(c) The project is reasonably anticipated to be eligible for OPIF or L-OPIF funds per 951-002-0010 & 951-006-0010.

(d) The filmmaker or local filmmaker includes, with its application, a letter to the OFVO stating its intent for and details of a production or a portion of a production to take place in Oregon outside of the Portland Metropolitan Zone and its willingness and ability to enter into a contract with the OFVO setting forth the terms and conditions of reimbursement.

(e) For filmmakers or local filmmakers who’s production office is located within the Portland Metropolitan Zone all the following conditions must be satisfied in order to qualify for rOPIF funds:

(A) At least one full day of principal shooting unit production work (from principal shooting crew call time to principal shooting unit camera wrap) must be done completely outside of the Portland Metropolitan Zone.

(B) Qualifying film or television production work must occur in the state no earlier than July 1, 2017.

(f) For filmmakers or local filmmakers who’s production office is located outside of the Portland Metropolitan Zone all the following conditions must be satisfied in order to qualify for rOPIF funds:

(A) At least fifty percent (50%) plus one day of the principal shooting unit’s production work in the state of Oregon must be done completely outside of the Portland metropolitan zone.

(B) At least six (6) principal shooting unit production days must be shot within the state of Oregon.

(C) Qualifying film or television production work must occur in the state no earlier than July 1, 2017.

(2) The following productions are not eligible:

(a) A production with respect to which the filmmaker or local filmmaker withdraws its application for eligibility determination.

(b) A production which is otherwise ineligible for OPIF or L-OPIF funds per 951-002-0010 & 951-006-0010.

(3) If the OFVO receives multiple relatively concurrent applications for eligibility determinations and there are not sufficient funds available in the rOPIF to pay the anticipated reimbursements with respect to all of the productions, the OFVO will determine which applications to approve and which to deny based on the following factors:

(a) Satisfaction of requirements of section (1)

(b) Chronological order of receipt of application

(c) Amount of Actual Oregon Expenses

(d) Number of production workers expected to be hired

(e) Experience level of filmmaker or local filmmaker

(f) Reputation of the filmmaker or local filmmaker and its principals

(g) Estimated production start date

(h) Other benefits to Oregon, including but not limited to shooting location outside of the Portland metropolitan zone, promotional value, long-term financial benefits, contribution to development of Oregon’s crew and talent base or production industry infrastructure.

(i) Whether the filmmaker or local filmmaker intends to pay prevailing industry rates and provide health, retirement and other benefits.

(4) Upon approval of an application for eligibility with respect to a production, the filmmaker or local filmmaker must enter into a contract with OFVO stipulating its intent to undertake production spending entirely or in part outside of the Portland Metropolitan Zone, and setting forth the terms and conditions of the reimbursement. If the filmmaker or local filmmaker and the OFVO have not entered into the contract within 30 days of its eligibility approval, the filmmaker or local filmmaker’s eligibility will be automatically revoked unless the OFVO, in its discretion, extends the deadline for contract execution.

(5) rOPIF funds will not be available for reimbursement unless and until the later date of full funding of the FY 2017-2018 OPIF program or July 1, 2017.

History

• Statutory/Other Authority: ORS284.368(4)
• Statutes/Other Implemented: ORS284.368(4)
• FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022
• FVO 2-2017, f. & cert. ef. 5-2-17

Or. Admin. R. 951-007-0020 Payment of Reimbursements

(1) Regardless of whether the production is otherwise a qualifying film or television production or whether the OFVO determined the production eligible, reimbursement of expenses from the rOPIF will only be paid pursuant to and upon the terms and conditions of a contract entered into between the OFVO and the filmmaker or local filmmaker pursuant to OAR 951-007-0010(5). If the filmmaker or local filmmaker does not enter into a contract with OFVO, the filmmaker or local filmmaker will not receive any reimbursement of expenses from rOPIF or OFVO.

(2) In addition to any other terms and conditions that the OFVO considers necessary or desirable, contracts for rOPIF reimbursements will usually include the following provisions:

(a) The filmmaker or local filmmaker must submit to the OFVO, after completion of the production work in Oregon, financial and other records sufficient to verify that the production satisfied the expenditure requirement for rOPIF reimbursement.

(A) For productions qualifying for reimbursement under 951-007-0010(1)(e) above (i.e. productions who's production office is location within the Portland metropolitan zone) those financial and other records include, but are not limited to, call sheets, production reports, location agreements, additional overtime payments, additional per diem payments, additional mileage reports and overnight accommodation receipts pertaining to the work done on an overnight location.

(B) For productions qualifying for reimbursement under 951-007-0010(1)(f) above (i.e. production who's production office is location outside of the Portland metropolitan zone) those financial and other records include, but are not limited to, call sheets, production reports and location agreements pertaining to the work done outside of the Portland metropolitan zone.

(b) Authorization for the OFVO to deduct from the rOPIF reimbursement the costs reasonably incurred by the OFVO in verifying the production expenditures in Oregon, including but not limited to, the costs incurred by OFVO in obtaining an outside accounting review, audit, or both, of the financial and other records evidencing the expenditures. The OFVO will usually submit the expenditure documentation to an outside accounting firm for a review after the OFVO has completed its review. Based on the advice of the outside accounting firm, the OFVO may require an audit of the production’s financial records.

(c) OFVO’s obligation to make any reimbursement of expenses is conditioned on

(A) Availability of funds in the rOPIF to pay for the requested reimbursement and

(B) Compliance by the filmmaker or local filmmaker with the terms of the contract and satisfactory verification of production spending in Oregon of at least US $75,000 for the L-OPIF program and US $1million for the OPIF program.

(d) The filmmaker or local filmmaker must provide to OFVO vendor lists locations outside of the Portland metropolitan zone with final accounting.

History

• Statutory/Other Authority: ORS284.368(4)
• Statutes/Other Implemented: ORS284.368(4)
• FVO 1-2022, amend filed 03/28/2022, effective 03/28/2022
• FVO 2-2017, f. & cert. ef. 5-2-17

Division 8 OREGON PRODUCTION INVESTMENT FUND CREATIVE OPPORTUNITY PROGRAM

Or. Admin. R. 951-008-0000 Purpose

The purpose of these rules is to provide guidance for the administration of the portion of the Oregon Production Investment Fund that is to be used for the Creative Opportunity Program as authorized by HB4153 (2022).

History

• Statutory/Other Authority: ORS 284.300 to 284.385
• Statutes/Other Implemented: HB 4153, 2022; Chapter 75 (2022 Laws)
• FVO 2-2022, adopt filed 07/11/2022, effective 07/11/2022

Or. Admin. R. 951-008-0001 Definitions

(1) “OFVO” means the Oregon Film and Video Office created by ORS 284.305.

(2) “OPIF” means Oregon Production Investment Fund created by ORS 284.367.

(3) “Approved Program” means any program that is approved to be part of the Creative Opportunity Program by OFVO.

(4) “Eligible Projects” means projects that fall into at least one category as listed in 951-008-0005(1)to(12).

(5) “Advisory Committee” means a panel of at least 5 people with the background and experience to review projects & programs and make a recommendation as to their eligibility for funding.

(6) “Project Review Committee” means a panel of at least 3 people with the background and experience to review submissions and make a determination as to the projects & applicants that would receive funding per the Program Outline.

(7) “Program Outline” means the written outline of what the Approved Program seeks to do, asks for as submission materials, looks for as eligibility requirements and offers in the amount of funding, at a minimum, for each Approved Program. A Program Outline may also contain the timeline for applications to be submitted, a defined review and selection period and a list of Expected Outcomes, if applicable.

(8) “Expected Outcomes” means the specific materials or data points the Approved Program requires at the conclusion of the program.

(9) “Program Partners” means partner entities that are chosen to work with OFVO on Approved Programs. These may include local nonprofit organizations, public agencies, educational institutions, private partners, media production companies, small businesses and community organizations.

(10) “Program Participants” means those individuals or entities that receive funding or the benefit of funding from the Creative Opportunity Program.

(11) "OFVO Board of Directors” means the Board of Directors for OFVO as established in ORS284.315

History

• Statutory/Other Authority: ORS 284.300 to 284.385
• Statutes/Other Implemented: HB 4153, 2022; Chapter 75 (2022 Laws)
• FVO 2-2022, adopt filed 07/11/2022, effective 07/11/2022

Or. Admin. R. 951-008-0005 Program Application

OFVO is authorized to develop and implement a Creative Opportunity Program to make payments to entities for the creation and funding of various projects deigned to support, maintain and augment the film and media industry. The creation and funding of the following projects that are eligible for payments under the program are

(1) Grants for individuals and production projects;

(2) Fund matching;

(3) Investment in development and production;

(4) Mentorship programs;

(5) Project and talent incubation;

(6) Mutual aid;

(7) Creator and storyteller support;

(8) Diversity and inclusion initiatives;

(9) Educational programming;

(10) Workforce development;

(11) Regional production development; and

(12) Industry-related small business growth stimulus.

History

• Statutory/Other Authority: ORS 284.300 to 284.385
• Statutes/Other Implemented: HB 4153, 2022; Chapter 75 (2022 Laws)
• FVO 2-2022, adopt filed 07/11/2022, effective 07/11/2022

Or. Admin. R. 951-008-0010 Eligibility Determination and Application Process

(1)The Executive Director of the OFVO will establish a budget on an annual basis that determines the proposed spending for the program. This can include minimum percentages for specific categories as well as specific amounts for existing or new programs.

(2) The annual budget will be shared with the Advisory Committee at the beginning of each fiscal year (July 1 to June 30) in order to aid their review of Eligible Projects.

(3) OFVO will establish an Advisory Committee on an annual basis to review, discuss and recommend Eligible Projects and Program Partners to OFVO for approval. These Eligible Projects will fall under two categories:

(a) Projects that require a formal submission, review and selection process and therefore require a Project Review Committee to be established.

(b) Projects that do not require a formal submission, review and selection process and therefore do not require a Project Review Committee.

(4) Approved Programs will fall under at least one (1) of the categories listed in 951-008-0005(1)to(12).

(5) Approved Programs and Program Partners will be determined by the Executive Director of OFVO and the OFVO Board of Directors as selected from the recommended Eligible Programs reviewed and recommended by the Advisory Committee and subject to the necessary funds being available.

(6) Each Approved Program will have a Program Outline created and, if needed per 951-008-0010(1)(a) and 951-008-0010(1)(b), a specific Project Review Committee established that is representative of the community that the Approved Program seeks to serve and support.

(7) For Approved Projects requiring a Project Review Committee the Project Review Committee will determine, at a minimum, the application process, eligibility criteria, required documents, the submission and review timelines and the Program Participants.

(8) For Approved Projects that do not require a Project Review Committee to be established the Executive Director of OFVO will determine, at a minimum, the application process, eligibility criteria, required documents, the submission and review timelines and the Program Participants.

(9) OFVO will enter into a contract for each Approved Program with all Program Participants and/or Program Partners that includes, at a minimum, funding amounts, requirements for funding and Expected Outcomes.

(10) OFVO will enter into a contract with each of the Program Partners that includes, at a minimum, funding amounts, requirements for funding and Expected Outcomes.

(11) Application process and eligibility requirements for each Approved Program will be listed on OFVO’s website. They may also be listed on the websites of the Program Partners, if any.

(12) Approved Programs that are completed will also be listed on OFVO’s website as well as the websites of any Program Partners.

(13) The funding, purpose and outcomes for each Approved Program will be posted to OFVO’s Open Data (transparency) website on an annual basis.

(14) Creative Opportunity Program funds will not be available on an annual basis unless and until the full funding of each fiscal year’s Oregon Production Investment Fund occurs. In any event, the Creative Opportunity Program funding will not be available earlier than October 1, 2022.

History

• Statutory/Other Authority: ORS 284.300 to 284.385
• Statutes/Other Implemented: HB 4153, 2022; Chapter 75 (2022 Laws)
• FVO 2-2022, adopt filed 07/11/2022, effective 07/11/2022