This rule was published in the May 15, 2011, issue (Vol. 2011, No. 10) of the Utah State Bulletin.
Governor, Economic Development
Motion Picture Incentive Fund
Notice of Proposed Rule
DAR File No.: 34762
Filed: 05/02/2011 10:56:02 AM
Purpose of the rule or reason for the change:
The purpose of this rule is to establish the standards that a motion picture company and/or a digital media company must meet to qualify to receive a post-performance incentive. This amendment is being filed to address H.B 99 from the 2011 General Session of the Utah State Legislature which changed certain parts of the Motion Picture Incentive Fund and added an incentive for digital media projects. (DAR NOTE: H.B. 99 is effective as of 05/10/2011.)
Summary of the rule or change:
This rule establishes the standards companies must meet to qualify to receive an incentive for a motion picture project and/or digital media project.
State statutory or constitutional authorization for this rule:
Anticipated cost or savings to:
the state budget:
There are no immediate anticipated costs or savings to the state budget due to this rule. However, should companies receive an incentive, a tax credit will be paid out based on the criteria outlined in the rule which can result in costs to the state. It is worth noting that this incentive is post-performance and the percentage paid out is less than a company actually pays in to the economy.
There are no immediate anticipated costs or savings to local government. However, should these companies receive an incentive and do a project in Utah, the local government(s) where they decide to do their projects should greatly benefit economically.
There are no direct anticipated costs or savings on small businesses. However, many small businesses will positively benefit from projects done by these companies due to increased wages, travel, dining, lodging, and other expenditures.
persons other than small businesses, businesses, or local governmental entities:
There are no direct anticipated costs or savings to persons other than small businesses. However, once projects are approved they could result in positive economic benefits for all persons in the state of Utah.
Compliance costs for affected persons:
There are no anticipated compliance costs.
Comments by the department head on the fiscal impact the rule may have on businesses:
The motion picture incentive fund is used by the State of Utah to attract motion picture and television productions as well as digital media projects to do business in the state. Having these productions and projects will result in positive impacts to Utah's economy. The previous five-year cumulative fiscal impact from productions of the Motion Picture Incentive, from 2005 to 2010, equaled $164,000,000 and 4,474 jobs. That was the result of 51 total productions and 1,687 production days.
Spencer P. Eccles, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
324 S State
SALT LAKE CITY, UT 84111
Direct questions regarding this rule to:
- Greg Hartley at the above address, by phone at 801-538-8743, by FAX at 801-538-8888, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
This rule may become effective on:
Spencer Eccles, Executive Director
R357. Governor, Economic Development.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.