R357-5-3. 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 all of the following requirements are met in addition to those listed throughout 63N-8:

  (a) The motion picture company is making all or a portion of a motion picture in the state of 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 screen shot 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 (e) for the life of the contract with the State.

  (g) The motion picture company intends to report at least $500,000 dollars left in state if applying for a film incentive pursuant to R357-5-5(1) or a maximum of under $500,000 if applying for an incentive pursuant to R357-5-5(2);

  (h) If a production has initiated principal photography prior to the Office's receipt of a completed application or will not commence principal photography for more than 90 days from date of application, the application for incentive may be denied.

  (2) The motion picture incentive application shall not be construed as a property right and neither the Office nor the Board is required to approve an application.

  (3) In order to receive state approval for an incentive application, a production must, in the State's sole discretion, reflect positively on the image of state of Utah.

  (a) In determining whether or not a production reflects positively on the image of the state of Utah, the Office and Board may take into consideration:

  (i) Whether and to what extent the motion picture promotes Utah as a tourist destination;

  (ii) the overall strength and viability of the script of the production;

  (iii) the industry reputation of the production or motion picture company;

  (iv) the record of the motion picture company in matters of safety and responsible filmmaking; and

  (v) the existence of any legal action or the likelihood of any legal action in relation to either the production or the motion picture company;

  (vi) general standards of decency and respect for the diverse beliefs and values of Utahns; and

  (vii) any other factors related to the production or the motion picture company that may reasonably affect the image of the state of Utah.

  (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 will be weighted by a point system available on the Utah Film Commission's website and include, but are not limited to:

  (i) Number of anticipated jobs in Utah;

  (ii) Number of production days in Utah;

  (iii) Length of employment for Utah cast and crew;

  (iv) Local cast and crew wages;

  (v) Other economic development that the film contributes in the State of 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.

  (1) A treatment may only be submitted where a script for a project type is not possible for example, because 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.

  (a) If the applicant fails to submit a completed application prior to the submission deadline, the application may be considered with the next round of submissions.

  (7) Submitting an application does not guarantee approval of a film incentive.

  (a) All film incentives are subject to and contingent upon the amount of available funding and/or tax credit allocation available in the Motion Picture Restricted account;

  (b) Lack of state approval shall not be construed as prohibiting a production or prohibiting a motion picture company from filming in Utah.