Utah Admin. Code R357-5-103 - Motion Picture Incentive Applications: Procedures and Minimum Requirements for a Motion Picture Company
(1) A
motion picture company's application may be approved for a motion picture
incentive award only if each of the following requirements are met in addition
to those listed throughout Title 63N, Motion Picture Incentives:
(a) the motion picture company is producing
any of a motion picture in Utah;
(b) the motion picture is a state-approved
production;
(c) the motion picture
company guarantees UFC access to production's behind the scenes footage,
interviews and still photography or allow the Office to produce its
own;
(d) the motion picture company
guarantees the production will display the Utah logo as outlined in the
incentive agreement and provide a screenshot of the logo as it appears in the
credits;
(e) the motion picture
company has obtained financing for 100% of the anticipated dollars left in
state for the project, and the applicant provides proof of financing in a form
specified in the application documents;
(f) the motion picture company must retain
financing as set forth in Subsection (1)(e) for the life of the contract with
the state;
(g) the motion picture
company intends to report at least $500,000 left in state if applying for a
film incentive under Subsection R357-5-5(1) or a maximum of under $500,000 if
applying for an incentive under Subsection R357-5-5(2); and
(h) if a production has initiated principal
photography before the Office's receipt of a completed application or will not
start principal photography for more than 90 days from date of application, the
application for incentive may be denied.
(2) The motion picture incentive application
may not be construed as a property right and neither the Office nor the Board
is required to approve an application.
(3) To receive state approval for an
incentive application, a production must, in the state's sole discretion,
reflect positively on the image of Utah. In determining whether or not a
production reflects positively on the image of the state, the Office and Board
may take into consideration:
(a) whether and
to what extent the motion picture promotes Utah as a tourist
destination;
(b) general standards
of decency and respect for the diverse beliefs and values of Utahns;
and
(c) any other factors related
to the production or the motion picture company that may reasonably affect the
image of the state.
(4)
The Office and Board may consider the relative merit of applications, and the
need to reserve its allocations for future applications.
(a) Factors that contribute to the relative
merit include:
(i) the overall strength and
viability of the script of the production;
(ii) the industry reputation of the
production or motion picture company;
(iii) the record of the motion picture
company in matters of safety and responsible filmmaking;
(iv) the existence of any legal action or the
likelihood of any legal action in relation to either the production or the
motion picture company; and
(v)
anticipated:
(A) number of jobs in
Utah;
(B) number of production days
in Utah;
(C) dollars left in
state;
(D) local cast and crew
wages; and
(E) new state revenue
that the film contributes in Utah.
(b) Applications shall be made in the form
prescribed by the Office, including required attachments or additional
information.
(i) Incomplete applications will
not be considered received until the application is deemed complete by the
UFC.
(ii) A script is required as
part of the application.
(iii) A
treatment may only be submitted where a script for a project type is not
possible, for example when the project is a documentary. The Utah Film
Commission will determine in its sole discretion if a treatment can be
substituted for a script.
(5) A production company may file more than
one application if it has more than one production in the state, but a separate
application must be filed for each production.
(6) Applications will be subject to
submission deadlines, which will be posted on the Utah Film Commission Website
and are available in other formats upon request.
(7) If the applicant fails to submit a
completed application before the submission deadline, the application may be
considered with the next round of submissions.
(8) Submitting an application does not
guarantee approval of a film incentive.
(9) Film incentives are subject to and
contingent upon the amount of available funding and tax credit allocation
available in the Motion Picture Restricted account.
(10) Lack of state approval may not be
construed as prohibiting a production or prohibiting a motion picture company
from filming in Utah.
(11) A
production's eligibility for an incentive ends upon approval or denial by the
Office. A production may reapply, subject to compliance with program statutes
and rules.
Notes
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