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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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OREGON FILM AND VIDEO OFFICE

 

DIVISION 5

GREENLIGHT OREGON LABOR REBATE
PAYMENT OF REBATES

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.

Stat. Auth.: ORS 284.335 & OL 2005, ch 559
Stats. Implemented: OL 2005, ch 559
Hist.: FVO 1-2006, f. & cert. ef. 11-17-06

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.

Stat. Auth.: ORS 284.335 & OL 2005, ch 559
Stats. Implemented: ORS 284.367 & OL 2005, ch 559
Hist.: FVO 1-2006, f. & cert. ef. 11-17-06

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.

Stat. Auth.: ORS 284.335 & 284.368
Stats. Implemented: ORS 284.367 & 284.368
Hist.: FVO 1-2006, f. & cert. ef. 11-17-06

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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