Report Title:
Hawaii Television and Film Board; Membership; Appropriation
Description:
Increases Hawaii television and film board membership from 9 to 11 members. Enables the board to delegate certain administrative functions to subcommittees. Authorizes the board to not have to meet if no money is in its special fund or no grants are being managed. Appropriates funds to the board's special fund. (SD2)
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THE SENATE |
S.B. NO. |
1304 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to television and film industry development.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 201-112, Hawaii Revised Statutes, is amended to read as follows:
"[[]§201-112[]] Hawaii television and film development board. (a) There is established the Hawaii television and film development board. The board shall be attached to the department of business, economic development, and tourism for administrative purposes only. The board shall administer the grant and venture capital investment programs and the Hawaii television and film development special fund established under this part. The board shall also assess and consider the overall viability and development of the television and film industries and make recommendations to appropriate state or county agencies.
(b) The board shall be composed of [nine] eleven members, [four] six of whom shall be appointed by the governor pursuant to section 26-34, and all of whom shall serve four-year staggered terms. [One] Two of the governor's appointments shall be made from a list of nominees submitted by the president of the senate [and another appointment], two shall be made from a list of nominees submitted by the speaker of the house of representatives[.], and one appointment shall be a current member of the University of Hawaii's faculty or administration. The [four] six appointed members shall possess a current working knowledge of the film, television, or entertainment industry. The director of business, economic development, and tourism, and the chairs of the four county film commissions or [its] their equivalent, shall serve as ex officio voting members, who may be represented on the board by designees.
The chairperson and vice chairperson of the board shall be selected by the board by majority vote. [Five] Seven members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the board. The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
(c) The film industry branch development manager shall serve as the executive secretary of the board.
(d) The board may establish subcommittees to administer specific programs and activities for which the board has responsibility, including but not limited to the disbursement of grants and loans. The subcommittees shall be composed of board members and selected by the board by majority vote. The subcommittees may make recommendations to the board.
(e) The board shall convene only if there is a balance in the special fund established under section 201-113 or if any grant, loan, or investment program of the board remains outstanding. In the absence of either of these conditions, the board, by its own decision, may choose not to convene.
[(d)] (f) The board may adopt rules pursuant to chapter 91 to effectuate the purposes of this part."
SECTION 2. Section 201-113, Hawaii Revised Statutes, is amended to read as follows:
"[[]§201-113[]] Hawaii television and film development special fund. (a) There is established in the state treasury the Hawaii television and film development special fund into which shall be deposited:
(1) Appropriations by the legislature;
(2) Donations and contributions made by private individuals or organizations for deposit into the fund;
(3) Grants provided by governmental agencies or any other source[; and], including those related to television and film development and production; and
(4) Any profits, interest, or other amounts received from venture capital investments[.] or loans.
(b) The fund shall be used by the board to assist in, and provide incentives for, the production of eligible Hawaii projects that are in compliance with criteria and standards established by the board in accordance with rules adopted by the board pursuant to chapter 91. In particular, the board shall adopt rules to provide for the implementation of the following programs:
(1) A grant program[.] through which funds shall be disbursed for the furtherance of a sustainable local television and film industry and exposure and publicity for the State. The board, by majority vote, shall establish a subcommittee composed of five board members to review grant applications and recommend grant recipients to the board. Two of the subcommittee members shall be from government and three shall be from the private sector. All subcommittee members shall declare any personal relationships or affiliations that may affect their ability to make objective recommendations. The board shall adopt rules pursuant to chapter 91 to provide conditions and qualifications for grants. Applications for grants shall be made to the board and shall contain such information as the board shall require by rules adopted pursuant to chapter 91. At a minimum, the applicant shall agree to the following conditions:
(A) The grant shall be used exclusively for eligible Hawaii projects;
(B) The applicant shall have applied for or received all applicable licenses and permits;
(C) The applicant shall comply with applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, or physical handicap;
(D) The applicant shall comply with other requirements as the board may prescribe;
(E) All activities undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances;
(F) The applicant shall indemnify and save harmless the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder, and procure sufficient insurance to provide this indemnification if requested to do so by the department;
(G) The applicant shall make available to the board all records the applicant may have relating to the project, to allow the board to monitor the applicant's compliance with the purpose of this chapter; and
(H) The applicant, to the satisfaction of the board, shall establish that sufficient funds are available for the completion of the project for the purpose for which the grant is awarded; and
(2) A venture capital program. The board, by majority vote, shall establish a subcommittee composed of board members from both government and private sector board members to administer any venture capital, investment, or loan program and to make recommendations. All subcommittee members shall declare any personal relationships or affiliations that may affect their ability to make objective recommendations. The board shall adopt rules pursuant to chapter 91 to provide conditions and qualifications for venture capital investments in eligible Hawaii projects. The program may include a written agreement between the borrower and the board, as the representative of the State, that as consideration for the venture capital investment made under this part, the borrower shall share any royalties, licenses, titles, rights, or any other monetary benefits that may accrue to the borrower pursuant to terms and conditions established by the board by rule pursuant to chapter 91. Venture capital investments may be made on such terms and conditions as the board shall determine to be reasonable, appropriate, and consistent with the purposes and objectives of this part.
(c) Up to ten per cent of any amounts in the special fund may be used by the board to support the operations of the board and the administration of the special fund and any grant, venture capital, or loan program established by the board."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2005-2006, and the same sum, or so much thereof as may be necessary for fiscal year 2006-2007, to be deposited into the Hawaii television and film development special fund established pursuant to section 201-113, Hawaii Revised Statutes, for the purposes of this Act.
SECTION 4. The sums appropriated shall be expended by the department of business, economic development, and tourism for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2005.