Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Statutory/Other Authority: ORS284.368(4)
Statutes/Other Implemented:
ORS284.368(4)
