Section 41-7A-22

Procedure and qualification standards for approval of film project applications. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER. THIS SECTION HAS NOT BEEN CODIFIED BY THE LEGISLATURE.

(a) The Alabama Film Office shall establish a procedure and qualification standards, based upon industry standards and competition with other states and locations, for a company to apply for approval for each film project to qualify for any of the incentives provided by this article. The office may certify a company as an approved company and authorize the undertaking of a project by entering a written agreement with the company regarding the project. The agreement with the office and an approved company for a project and the approval of certain costs by the office shall be required for the Department of Revenue to consider it for the incentives offered by this article.

(b) With respect to each company applying and each project described in the application, the office shall make inquiries and request materials of the applicant that shall include, but shall not be limited to, marketing plans for the project; a description and desired location of the project; capital and other anticipated expenditures for the project that indicate the total cost of the project and the sources of funding therefor; the anticipated employment and wages to be paid to employees and contractors for the project; plans which indicate the approximate number of days in a year in which the project will be in operation; and the anticipated revenues and expenses generated by the project.

(c) The office shall analyze the application data supplied and collect and analyze additional information as necessary to determine that the project complies with all of the following:

(1) It shall have a significant and positive economic impact on the state.

(2) It shall produce sufficient revenues and public demand to cover the costs of production in Alabama.

(3) It shall utilize to the extent reasonable under the circumstances, Alabama resources, including, but not limited to, employees, contractors, equipment, materials, and supplies.

(4) The film project will further the purposes of this article.

(d) The agreement between the office and the company shall not be a binding contract of the State of Alabama agreeing to make provisions for the company, including incentives. The agreement may contain language regarding the expectation of the parties in regard to a specifically identified project.

(Act 2001-975, 2001 3rd Sp. Sess., p. 908, §3.)