(a) There is hereby established the Delaware Motion Picture and Television Development Commission (the “Commission” ) which consists of 11 members. Membership is composed as follows:

(1) Director of the Division of Small Business or the Director’s designee.

(2) One member representing the Delaware tourism industry, appointed by the Governor.

(3) One member representing the Delaware Prosperity Partnership, appointed by the Governor.

(4) Three members representing working film and television production professionals, appointed by the Governor from a list of nominees submitted by relevant national film and television trade organizations.

(5) Three members representing postproduction, commercial, and new media industry professionals, appointed by the Governor from a list of nominees submitted by organizations representing postproduction, commercial production, and new media professionals operating in this State.

(6) One member representing higher education with a film or media program, appointed by the Governor.

(7) One member from a labor organization representing motion picture and television production workers, appointed by the Governor from a list of nominees submitted by International Alliance of Theatrical Stage Employees, Local 52.

(b) In making appointments to the Commission under subsection (a) of this section, the Governor shall endeavor to ensure that the membership reflects the racial, gender, and geographic diversity of this State.

(c) Members serve at the pleasure of the appointing authority. A member serving by virtue of position may appoint a designee to serve in their stead and at their pleasure. A member must provide the designation to the chair in writing. A designee has the same duties and rights as the member the designee represents.

(d) An appointed member serves for a term of up to 3 years and is eligible for reappointment. The Governor shall appoint members for staggered terms so that no more than 4 members’ terms expire in any 1 calendar year.

(e) If an appointed member fails to attend 3 successive meetings of the Commission without just cause, that member’s position may be deemed vacant and the Governor may appoint a replacement.

(f) Members of the Commission serve without compensation, except that the Commission may reimburse members for reasonable and necessary mileage and tolls incident to duties as members of the Commission.

(g) The Commission is formed under the Division of Small Business.

(h) The Commission may create subcommittees, which may consist of nonmembers, to facilitate its work.

(i) The Commission shall elect a chair from among its members.

(j) A majority of the voting members must be present at a commission meeting in order to have a quorum and conduct official business. A vacancy on the Commission is not counted for quorum.

(k) The Commission shall have the following powers:

(1) To adopt such rules and regulations as it deems advisable with respect to the conduct of its own affairs.

(2) To hold hearings, and to do or perform any acts which may be necessary, desirable or proper to carry out the purposes of this Commission.

(3) To request and obtain from any department, division, board, bureau, commission, or other agency of this State or of any county, municipality, authority or other political subdivision within this State such assistance and data as will enable it to carry out its powers and duties.

(4) To accept any federal funds granted, by act of Congress, or by executive order, for all or any of the purposes of this Commission.

(5) To accept any gifts, donations, bequests or grants of funds from private and public agencies for all or any of the purposes of this Commission.

(6) To coordinate the activities of similar councils or boards appointed by any city or county within this State for all or any of the purposes of this Commission.

(7) To create advisory councils necessary for the performance of responsibilities pursuant to this Commission and to appoint members.

(8) To assist productions in navigating the permitting process by coordinating with relevant departments, divisions, boards, bureaus, commissions, or other agencies of this State, or any county, municipality, authority, or other political subdivision on behalf of applicants and by developing and maintaining a standardized statewide permit application that the Commission may submit to permitting authorities on behalf of applicants, to advocate before those authorities to facilitate timely permit approvals, and to make recommendations to those authorities for model permitting language and process.

(l) The Commission shall prepare and implement programs to promote a motion picture and television industry within this State, which include any of the following:

(1) The preparation and distribution of promotional and informational materials pointing out desirable locations within this State, explaining the benefits and advantages of producing within this State, and detailing the services available at the state and local level and within the industry.

(2) Facilitating cooperation from local, state and federal government agencies and private-sector groups in regard to applications, locations, production and ancillary facilities.

(3) Cooperating with all sections of management and labor engaged in the motion picture and television industry.

(4) Appearing on its own behalf before boards, commissions, departments, or other agencies of municipal, county or state government, or the federal government.

(5) Coordinating with the Delaware Prosperity Partnership for business attraction functions.

(6) Developing a comprehensive film-ready database of shooting locations.

(7) Providing assistance to productions with hiring local crews, vendors, and other production support.

(8) Defining a commission scope that extends beyond traditional film and television to include the broader new media and digital landscape, including podcasts, documentaries, streaming, visual effects, extended reality, animation, and video games.

(m) The Division shall be responsible for administrative support.

(n) A member of the Commission may not participate in any decision, vote, or recommendation concerning a matter in which the member, or a close relative of the member, has a direct or indirect financial interest. For purposes of this subsection, “close relative” means a member’s parents, spouse, children (natural or adopted), and siblings of the whole and half-blood.

(o) By December 15 of each year, the Commission shall submit a report to the Governor, the General Assembly, and the Director and the Librarian of the Division of Legislative Services. At a minimum, the report must include the following:

(1) The number of productions supported, and location shoots facilitated.

(2) Estimated local expenditure generated and the number of jobs created or sustained.

(3) A summary of grants or incentives awarded.

(4) A summary of the demographic composition of the commission membership, including race, gender, and geographic representation within this State.

80 Del. Laws, c. 369, §  1;  81 Del. Laws, c. 49, §  2;  81 Del. Laws, c. 374, § 12;  85 Del. Laws, c. 335, § 1;