TITLE 5 POST-SECONDARY EDUCATION
CHAPTER 5 POST-SECONDARY EDUCATIONAL PROGRAMS
PART 51 DEVELOPMENT EMPLOYMENT FUNDING
FOR FILM AND MULTIMEDIA
PRODUCTION
COMPANIES
5.5.51.1 ISSUING AGENCY: New Mexico Economic Development
Department
[5.5.51.1
NMAC - Rp, 5.5.51.1 NMAC, 6-30-2016]
5.5.51.2 SCOPE: Film and multimedia production companies and
New Mexico residents in film and multimedia crew professions.
[5.5.51.2
NMAC - Rp, 5.5.51.2 NMAC, 6-30-2016]
5.5.51.3 STATUTORY AUTHORITY: Section 21-19-7.1 NMSA 1978,
established in 2003, directs the industrial training board, also referred to as
the job training incentive program (JTIP) board, to consult with the New Mexico
film division of the New
Mexico economic development department to create and adopt rules for
development funding for film and multimedia production companies. The program is administered by the New Mexico
film division of the New
Mexico economic development department and the training reimbursement
of fifty percent of salaries (wages) of qualified participants shall be made by
the New Mexico film division without further action or approval of the
industrial training board.
[5.5.51.3
NMAC - Rp, 5.5.51.3 NMAC, 6-30-2016]
5.5.51.4 DURATION: Permanent.
[5.5.51.4
NMAC - Rp, 5.5.51.4 NMAC, 6-30-2016]
5.5.51.5 EFFECTIVE DATE: June
30, 2016, unless a later date is cited at the end of a section.
[5.5.51.5
NMAC - Rp, 5.5.51.5 NMAC, 6-30-2016]
5.5.51.6 OBJECTIVE: The object of this rule is to establish
standards for an on-the-job development training programs for film and multimedia
companies in New Mexico. These training programs are divided into three sub-programs
which include: the film crew advancement program (FCAP) for physical production, intended to provide reimbursement
funds to film and television production companies for the training of New
Mexico residents working primarily in below-the-line job positions for the
preparation and advancement of continual employment in the industry; and for FCAP for qualifying permanent companies,
intended to provide reimbursement funds to
film and multimedia production companies creating new jobs as a result of
expansion, startup or relocation to New Mexico.
To the extent possible, training shall be technical and directly
contribute to the creation of a production as determined by the New Mexico film
office (NMFO) and shall not relate to distribution of end product(s); and FCAP for qualifying permanent emerging
media and digital media companies, intended to provide reimbursement funds
to emerging and digital media companies creating new jobs, similar to
internships, as a result of expansion, startup or relocation to New Mexico by
providing training opportunities. To the
extent possible, training shall be technical and directly contribute to the
creation of a production as determined by the NMFO and shall not relate to
distribution of end product(s).
[5.5.51.6
NMAC - Rp, 5.5.51.6 NMAC, 6-30-2016]
5.5.51.7 DEFINITIONS: For use in this part, the following
definitions apply.
A. “Above-the-line” is a film and television industry
term derived from where the money is budgeted for creative talent, writers,
directors and producers. This term means
job positions that are associated with the creative or financial control of a
film or multimedia project, generally not the technical aspects.
B. “Below-the-line” is a film and television industry
term derived from where the money is budgeted for technical crew that shall
work on a film or multimedia project as well as for costs related to the
studio, equipment, travel, and location.
In regards to job positions, this term means technical crew that does
not have direct creative or financial control of the project nor receive
residuals.
C. “Company” means the company that either is or
creates a temporary film, multimedia and digital media production company to produce one film,
multimedia and digital media product,
as it applies to FCAP for physical production or a company that is permanently
based in New Mexico with full-time employees and creates film,
multimedia and digital media production products.
D. “Craft” means the specialized area or department in which a film
technician works.
E. “Crew” means the employees hired by a company to complete a film
or multimedia project(s).
F. “Deal memo” means the film industry contract
that defines the exact terms of a crew member’s employment including but not
limited to position title and pay rate.
G. “Digital media company” refers to a company
engaged in the business of producing digital media intended for: (i.) film,
special effects, holography, computer vision, virtual reality, television, and
online web based production; (ii.) video game production and immersive or
augmented reality industries; (iii.) aiding in education, defense, disaster
relief, medical, health care, or scientific visualization.
H. “Emerging media” includes, but is not limited to: (i.)
video game industries that develop technology and content intended for online‑multiplayer,
console, mobile, and social environments; (ii.) immersive and augmented reality
industries focused on the display of imagery and information in three
dimensional and holographic form, video‑mapping, multi‑touch
surfaces, and other forms of advanced visualization; (iii.) the design of new
platforms and display environments for data and information visualization of social,
medical, scientific and industrial information through the use of creative
computing; and (iv.) the production of images using special effects, and
software developed for the exclusive use of a special effects production
company, as approved by the New Mexico film division. Emerging media does not include: software development designed and developed
primarily for internal or operational purposes of the digital media production
company; however, this exclusion does not apply to software developed for the
exclusive use of a New Mexico company producing images using special effects
where the software makes the company uniquely competitive; nor (v.) largely
static Internet sites designed to provide information about a person, business,
company, or firm.
I. “FCAP” means film crew advancement program.
J. “Film” for this program means work on a film or television
production.
K. “Film or television credit” for this program means work on a
film or television production for more than one week which was not a student
film, internship, unpaid position, documentary, commercial, nor on a project
where the budget was under five hundred thousand dollars ($500,000.00) and the
company did not participate in this program.
L. “Film technician” means a crew member working in a
below-the-line job position who often is a member of an international alliance
of theater and stage employee (IATSE) film union or guild.
M. “General safety certified” means a crew member has completed a
class or course that meets Occupational Safety and Health Administration
standards for general safety associated with working on a film and multimedia
project.
N. “JTIP” means job training incentive program.
O. “Intern” means a trainee who is enrolled in, or has graduated within
the past twelve months from a post-secondary training or academic program as it
relates to the film, television and emerging media and meets the FCAP
for qualifying permanent emerging media and digital media company eligibility requirements. The intern is a
student or trainee who is
supervised and monitored in order to learn a new skill set or while investing
practical applications of academically learned skill sets.
P. “Non-union” means the job position is not in
the contractual jurisdiction of a film union or film guild.
Q. “Mentor” means the go-to person for questions
and direction or the supervisor of a program participant and has a stronger skill
set in relation to the job position in which that participant was hired.
R. “NM” means New Mexico.
S. “Open hours” means a trainee that qualified for
FCAP during a production did not use all 1,040 hours available. Hours that remain are considered “open” and
may be used for that job position on another production upon qualification.
T. “On-the-job training” means gaining experience in a hired
position increasing job opportunities for continual employment in the film and
multimedia industry.
U. “Payroll report” means the report generated from a
payroll company hired by the company to act as the crew’s payment agent for the
film and multimedia project.
V. “Physical production” means companies that produce a
project or series on location or at a temporary location.
W. “Principal photography” means the cameras have started
filming and the majority of preparation for a film and multimedia project has
been completed; call sheets are now issued to crew members and production
reports are completed daily.
X. “Production” means the film or multimedia
project preparation, principal photography and set break down periods while
creating a film or television project.
Y. “Reserve component members” refers to a New Mexico member who
served in the army, naval, marine corps, air force and coast guard reserves and
the national and air national guard of the United States.
Z. “Resident” means an individual who is domiciled
in New Mexico. This domicile is the
individual's permanent home; it is a place to which the individual intends to
return after any temporary absence. An
individual shall have only one domicile.
A change in domicile is established only by establishing a physical
presence in a new location with intent to abandon the old domicile and make a
home in the new location permanently or indefinitely.
AA. “Salaries” means wages or the hourly pay rate for hours physically
worked by trainee during a production.
BB. “Trainee” means an applicant that shall be learning a new skill set
or graduating to a higher job classification through FCAP and is synonymous
with the term “program participant” or “crew member”.
CC. “Veterans” means a New Mexico resident who is registered with the New
Mexico workforce connection, and who served in the active military, naval, or
air service and who was discharged or released under conditions other than
dishonorable.
DD. “Wages” means the hourly pay rate for hours physically worked by
trainee during production. It does not
include film payments to trainees such as kit rental, holiday pay, travel time,
mileage reimbursements, or any payment to employee due to penalties incurred by
company during production of the project.
[5.5.51.7
NMAC - Rp, 5.5.51.7 NMAC, 6-30-2016]
5.5.51.8 PROGRAM OUTLINE:
A. The following
shall apply for FCAP for physical
production:
(1) The
applicable hours of the qualifying trainees shall only be for the hired
position as approved by the New Mexico film division and as noted on the FCAP
application and the responsibilities for the qualifying position shall meet the
industry standards for that position.
(2) Trainee’s
pay rate shall be consistent with the trainee’s job position per this crew
member’s contract with company, and trainee’s pay rate shall be higher than the
positions in the lower tier of positions under trainee per union contractual
agreement where applicable.
(3) Any
requests for a different job position or mentor to qualify for the program
shall be considered by the New Mexico film division and if approve, noted in
file.
(4) Each
trainee qualifies for a maximum of 1,040 hours.
As the trainee works on a film or television project, the hours shall be
deducted accordingly.
(5) Trainees
shall work at least 80 hours in their hired position in order to qualify.
(6) Trainees
may qualify for an additional 1,040 hours if the training received through this
program is used to progress from their current job to a higher job
classification or to move laterally into a new skill set and the individual
meets program qualifications.
(7) Qualifying
participants may apply any unused hours to future on-the-job training work
opportunities in the specified job position until the 1,040 hours are
exhausted.
(8) Unused
training hours in a lower level position are forfeited once a trainee moves to
a higher level within that skill set and department.
(9) Qualifying
trainees shall work in standard industry job positions as listed in the New
Mexico film division FCAP job titles list for individual projects produced by
companies.
(10) The
number of film and television production credits and the amount of experience
required for a participant to qualify shall be determined by the New Mexico
film division based on the total budget of the project and the extent to which
the participant is adding to their skill set.
(11) The
number of trainees allowed to participate in each craft department shall be
determined by the New Mexico film division based on the total budget of the
project, department crew size and the company location.
B. The following shall apply to FCAP
for qualifying permanent companies:
(1) The
applicable hours of the qualifying trainees shall only be for the hired
position as approved by the New Mexico film division and as noted on the FCAP
application and the responsibilities for the qualifying position shall meet the
industry standards for that position.
(2) Trainee’s
pay rate shall be consistent with trainee’s job position per this crew member’s
contract with company, and trainee’s pay rate shall be higher than the
positions in the lower tier of positions under trainee per contractual
agreement where applicable.
(3) Any
requests for a different job position or mentor to qualify for the program
shall be considered by the New Mexico film division and if approved, noted in
file.
(4) Trainees
shall complete a minimum of 80 hours and up to 1,040 hours to qualify.
(5) Qualifying
job positions shall be technical and directly contribute to the creation of a
product as determined by the New Mexico film division and shall not relate to
distribution of end product(s).
(6) Qualifying
trainees shall work in standard industry job positions as determined by New
Mexico film division for permanent companies creating products.
(7) Qualifying
participants may only participate one time in the program as an employee of
this company; however, where the trainee has completed all 1,040 hours in the
original hired position, requests to participate again will be considered upon
written documentation submitted by the company and by the trainee that verifies
the trainee will be advancing to a higher job classification.
C. The following shall apply for FCAP
for qualifying permanent emerging media and digital media companies:
(1) The
applicable hours of the qualifying trainees shall only be for the hired
position as approved by the New Mexico film division and as noted on the FCAP
application and the responsibilities for the qualifying position shall meet the
industry standards for that position.
(2) Trainee’s
pay rate shall be consistent with trainee’s job position per this crew member’s
contract with company, and trainee’s pay rate shall be higher than the
positions in the lower tier of positions under trainee per union contractual
agreement where applicable.
(3) Any
requests for a different job position or mentor to qualify for the program shall
be considered by the New Mexico film division and if approved, noted in file.
(4) Trainees
shall complete a minimum of 80 hours and up 640 hours to qualify.
(5) Qualifying
job positions shall be technical and directly contribute to the creation of a
product as determined by the New Mexico film division and shall not relate to
distribution of end product(s).
(6) Qualifying
trainees shall work in standard industry job positions as determined by New
Mexico film division for permanent companies creating products.
(7) Qualifying
participants may only participate one time in the program as an intern of this
company; however, where the trainee has completed all 640 hours in the original
hired position, requests to participate again will be considered upon written
documentation submitted by the company and by the trainee that verifies the
trainee will be advancing to a higher job classification.
(8) The
New Mexico film division shall contract qualified companies to provide training
opportunities, similar to internships, to students currently enrolled in a
higher education institution or a graduate who has recently graduated within
one year from a higher education institution that relates to digital or
post-production technology (emerging or digital media) for the multi-media and
entertainment-related industries as approved by the New Mexico film division.
[5.5.51.8
NMAC - Rp, 5.5.51.8 NMAC, 6-30-2016]
5.5.51.9 TRAINEE ELIGIBILITY:
A. The following shall apply for FCAP for physical production:
(1) Training
applicants shall be certified as a film and multimedia trainee by the New
Mexico film division.
(2) Trainee
applicants shall be at least 18 years of age.
(3) Qualifying
trainees shall not be permitted to participate in JTIP manufacturing.
(4) Trainee
applicants shall be New Mexico residents.
(5) Trainee
applicants shall raise their film or television position to a higher
classification or add a completely new skill set.
(6) Applicants
shall not have a film or television credit as defined by this program in a
higher position in that department to qualify for a maximum 1,040 training
hours for that position. However, exceptions may be considered by the New
Mexico film division if the participant’s credits are from a project’s budget
that did not exceed two million dollars ($2,000,000.00) and the participant is
applying to the program again on a qualifying production with a larger total
budget and a higher degree of complexity.
(7) Trainee
shall not be a mentor simultaneously.
(8) Additional
positions are available for veterans and or reserve component members.
(9) Qualifying
trainees shall be approved as such by the New Mexico film division.
B. The following shall apply to FCAP
for qualifying permanent companies:
(1) Training
applicants shall be certified as a film and multimedia trainee by the New
Mexico film division.
(2) Trainee
applicants shall be at least 18 years of age.
(3) Trainee
applicants shall be New Mexico residents.
(4) Qualifying
trainees shall be approved as such by the New Mexico film division.
C. The following shall apply for FCAP
for qualifying permanent emerging media and digital media companies:
(1) Training
applicants shall be certified as a film, multimedia and digital
media trainee by the New Mexico film
division.
(2) Trainee
applicants shall be at least 18 years of age.
(3) Company
shall ensure all trainees have resided in the state of New Mexico for a minimum
of one continuous year at any time before beginning training or qualified for
in-state tuition by their higher educational institution during at least two of
their most recent semesters in which they were enrolled in the emerging/digital
media-related program.
(4) Qualifying
trainees shall be approved as such by the New Mexico film division.
[5.5.51.9
NMAC - Rp, 5.5.51.9 NMAC, 6-30-2016]
5.5.51.10 MENTOR ELIGIBILITY AND QUALIFICATIONS:
A. Mentors shall be certified as a film or television and
multimedia mentor by the New Mexico film division.
B. A mentor shall not be a trainee simultaneously during a
production on projects produced by temporary companies.
C. Mentors shall
work in the same or directly related department with the trainees that they
supervise for this program.
[5.5.51.10
NMAC - Rp, 5.5.51.10 NMAC, 6-30-2016]
5.5.51.11 COMPANY ELIGIBILITY AND ADMINISTRATIVE REQUIREMENTS:
A. The following
shall apply for FCAP for physical
production:
(1) Company
shall submit the JTIP for film and multimedia application part one for FCAP
prior to when training begins.
(2) Company
shall enter into a contract as outlined by the New Mexico film
division; the term of the contract shall be
based on a time period which shall allow the contractor (company) to complete
its obligation to hire and provide on-the-job training opportunities for the
qualified individuals and complete paperwork involved.
(3) The
approval of this contractual agreement from the New Mexico film division and
the chairperson of the job training incentive program (JTIP) board shall grant
funding to the contractor for the purpose of conducting this training.
(4) Company
shall have a local office where claims and paperwork shall be processed or a
designee shall be available to conduct the appropriate paperwork.
(5) The
company shall provide a proposal and application to the New Mexico film
division and the documents noted within to be considered for the training
reimbursement.
(6) Company
entering into a contractual agreement with the New Mexico
film division shall return the program
contractual agreement and program application to the New Mexico film
division. This contract will be
requested by the New Mexico film division prior to principal photography.
(7) Completed
FCAP trainee applications shall be submitted to the New Mexico film division by
the company.
(8) Company
is subject to compliance reviews throughout the term of the contract; the
compliance review shall consist of program and fiscal surveys.
(9) Company
reimbursement shall not exceed fifty percent of the trainees’ rates for up to 1,040
hours per participant.
(10) Company
shall submit time records and reimbursement invoices as established by the New
Mexico film division, which is the payment agent.
(11) The
participating company shall submit forms and reports as established by the New
Mexico film division which may include:
(a) JTIP
for film & multimedia application part one for FCAP;
(b) department
of finance and administration (DFA) tax information form or federal tax
information form;
(c) JTIP
for film & multimedia application part two for FCAP;
(d) JTIP
for film & multimedia agreement for FCAP;
(e) industry
top sheet of budget;
(f) FCAP
participant applications and resumes;
(g) a
production’s crew list or production report or equivalent as determined by the
New Mexico film division;
(h) a
minimum of one call sheet or production report or equivalent as determined by the
New Mexico film division;
(i) payroll
reports for each qualified trainee that verify hours worked and all rates per
hours; and
(j) a
claim or invoice.
(12) All
paperwork and forms shall be submitted to the development training program
administrator or manager of the New Mexico film division.
(13) Companies
that fail to comply with all established operating requirements and closeout
procedures are not eligible for funding and may not be eligible to apply for
future participation.
(14) The
company shall submit paperwork including the claim or invoice to the
development training program administrator or manager of the New Mexico film
division.
(15) Total
project budget shall be equal to or greater than two-hundred thousand dollars
($200,000.00), but shall not exceed two million dollars ($2,000,000.00); or
(16) Where
the total project budget exceeds two million dollars ($2,000,000.00), companies
shall employ eight New Mexico residents in standard first level or key job
positions or higher level job positions in a minimum of six different craft
departments as determined by the New Mexico film division.
B. The following shall apply to FCAP
for qualifying permanent companies:
(1) Company
shall submit the JTIP for film & multimedia application part one for FCAP
prior to when training begins.
(2) Company
shall enter into a contract as outlined by the New Mexico film
division of the New Mexico
economic development department; the term of the contract shall be based on a
time period which shall allow the contractor (company) to complete its
obligation to hire and provide on-the-job training opportunities for the
qualified individuals and complete paperwork involved.
(3) The
approval of this contractual agreement from the New Mexico film division and
the chairperson of the job training incentive program (JTIP) board shall grant
funding to the contractor for the purpose of conducting this training.
(4) Company
shall have a local office where claims and paperwork shall be processed or a
designee shall be available to conduct the appropriate paperwork.
(5) The
company shall provide a proposal and application to the New Mexico film division
and the documents noted within to be considered for the training reimbursement.
(6) Company
entering into a contractual agreement with the New Mexico
film division shall return
the program contractual agreement and program application to the New Mexico
film division. This contract will be
requested by the New Mexico film division prior to training begins.
(7) Completed
FCAP trainee applications shall be submitted to the New Mexico film division by
the company.
(8) Company
is subject to compliance reviews throughout the term of the contract; the
compliance review shall consist of program and fiscal surveys.
(9) Company
reimbursement shall not exceed fifty percent of the trainees’ rates for up to
1,040 hours per participant.
(10) Company
shall submit time records and reimbursement invoices as established by the New
Mexico film division, which is the payment agent.
(11) The
participating company shall submit forms and reports as established by the New
Mexico film division, which may include:
(a) JTIP
for film & multimedia application part one for FCAP;
(b) department
of finance and administration (DFA) tax information form or federal tax
information form;
(c) JTIP
for film & multimedia application part two for FCAP;
(d) JTIP
for film & multimedia agreement for FCAP;
(e) industry
top sheet of budget;
(f) FCAP
participant applications and resumes;
(g) a
production’s crew list or production report or equivalent as determined by the
New Mexico film division;
(h) a
minimum of one call sheet or production report or equivalent as determined by the
New Mexico film division;
(i) payroll
reports for each qualified trainee that verify hours worked and all rates per
hours;
(j) a
claim or invoice;
(k) company
shall submit financials for the period for which they are available to include:
company business plan, pro forma financial statements, tax returns, evidence of
operating capital and investment funding, evidence of signed contracts, and
sales projections which would substantiate their business expansion and
sustainability;
(l) company
shall submit overview documents to include: background/history, target markets,
NM operations summary, equal employment statement and supplemental information;
and
(m) a
training plan, job description of duties and responsibilities for each
applicant and estimated job wage per JTIP manufacturing job zone and job
description.
(12) All
paperwork and forms shall be submitted to the development training program
administrator or manager of the New Mexico film division.
(13) Companies
that fail to comply with all established operating requirements and closeout
procedures are not eligible for funding and may not be eligible to apply for
future participation.
(14) The
company shall submit paperwork including the claim or invoice to the
development training program administrator or manager of the New Mexico film
division.
(15) Each
trainee shall complete 1,040 hours to qualify.
C. The following shall apply for FCAP
for qualifying permanent emerging media and digital media companies:
(1) Company
shall submit the JTIP for film & multimedia application part one for FCAP
prior to when training begins.
(2) Company
shall enter into a contract as outlined by the New Mexico film
division of the New Mexico
economic development department; the term of the contract shall be based on a
time period which shall allow the contractor (company) to complete its
obligation to hire and provide on-the-job training opportunities for the
qualified individuals and complete paperwork involved.
(3) The
approval of this contractual agreement from the New Mexico film division and
the chairperson of the job training incentive program (JTIP) board shall grant
funding to the contractor for the purpose of conducting this training.
(4) Company
shall have a local office where claims and paperwork shall be processed or a
designee shall be available to conduct the appropriate paperwork.
(5) The
company shall provide a proposal and application to the New Mexico film
division and the documents noted within to be considered for the training
reimbursement.
(6) Company
entering into a contractual agreement with the New Mexico
film division of the New
Mexico economic development department shall return the program contractual
agreement and program application to the New Mexico film division. This contract will be requested by the New
Mexico film division prior to principal photography.
(7) Completed
FCAP trainee applications shall be submitted to the New Mexico film division by
the company.
(8) Company
is subject to compliance reviews throughout the term of the contract; the
compliance review shall consist of program and fiscal surveys.
(9) Company
reimbursement shall not exceed fifty percent of the trainees’ rates for up to 640
hours per participant.
(10) Company
shall submit time records and reimbursement invoices as established by the New
Mexico film division of the New Mexico economic development department, which
is the payment agent.
(11) The
participating company shall submit forms and reports as established by the New
Mexico film division of the New Mexico economic development department which
may include:
(a) JTIP
for film & multimedia application part one for FCAP;
(b) department
of finance and administration (DFA) tax information form or federal tax
information form;
(c) JTIP
for film & multimedia application part two for FCAP;
(d) JTIP
for film & multimedia agreement for FCAP;
(e) industry
top sheet of budget;
(f) FCAP
participant applications and resumes;
(g) a
production’s crew list or production report or equivalent as determined by the
New Mexico film division;
(h) a
minimum of one call sheet or production report or equivalent as determined by the
New Mexico film division;
(i) payroll
reports for each qualified trainee that verify hours worked and all rates per
hours;
(j) a
claim or invoice;
(k) company
shall submit financials for the period for which they are available to include:
company business plan, pro forma financial statements, tax returns, evidence of
operating capital and investment funding, evidence of signed contracts, and
sales projections which would substantiate their business expansion and
sustainability;
(l) company
shall submit overview documents to include: background/history, target markets,
NM operations summary, equal employment statement and supplemental information;
and
(m) a
training plan, job description of duties and responsibilities for each
applicant and estimated job wage per JTIP manufacturing job zone and job
description.
(12) All
paperwork and forms shall be submitted to the development training program
administrator or manager of the New Mexico film division.
(13) Companies
that fail to comply with all established operating requirements and closeout
procedures are not eligible for funding and may not be eligible to apply for
future participation.
(14) The
company shall submit paperwork including the claim or invoice to the
development training program administrator or manager of the New Mexico film
division.
(15) Each trainee shall complete up to 640
hours to qualify.
(16) Qualifying
companies must be creating new jobs as a result of expansion, startup or
relocation to the state of New Mexico.
The company shall be financially stable to ensure training opportunities
as determined by the New Mexico film division.
(17) An
approved company may participate more than once in this program if the company
is able to show expansion of employees or has hired a recent participating
trainee.
(18) Company
shall ensure that the trainee’s pay rate shall be consistent throughout
training and meet applicable minimum wage ordinances per JTIP job zone and job
descriptions.
(19) Company
shall qualify trainees based on additional criteria required by the company.
(20) Number
of trainees permissible:
(a) Companies
with five or fewer full-time employees at a given time may train two
participants for up to 640 hours.
(b) Companies
with five or more full-time employees at a given time may train four
participants for up to 640 hours.
(21) Training
of each participant shall not exceed one semester or 16 weeks.
(22) Company
shall only allow a trainee to participate one time in the program. A trainee who has participated in the program
previously for any company shall not be approved unless the company and trainee
can demonstrate to the satisfaction of the New Mexico film division, which the
training applies to a new skill set and a new job position.
(23) Companies
approved for reimbursement though this program shall not be approved for any
other JTIP for film and multimedia programs; however, they may apply to JTIP
manufacturing if they meet that program’s requirements.
[5.5.51.11
NMAC - Rp, 5.5.51.11 NMAC, 6-30-2016]
5.5.51.12 REIMBURSEMENT OF TRAINING COSTS:
A. Reimbursement shall be made to the participating company in
accordance with the terms of JTIP for film and multimedia agreement for FCAP.
B. Failure to fully and accurately complete administrative
requirements may delay reimbursement payment.
C. The claim or invoice for reimbursement may be submitted
during the agreement period, when trainees complete the number of agreement
hours.
D. Trainee wages shall be reimbursed upon completion of the
training project, not to exceed 1,040 hours for (FCAP) for
physical production and FCAP for qualifying permanent companies and not to
exceed 640 for FCAP for
qualifying permanent emerging media and digital media companies, at the conclusion of the
production in New Mexico.
E. Reimbursement from the state shall be based on the FCAP
agreement.
F. Reimbursements shall be based upon the number of trainees
who have qualified for the training program.
G. Reimbursement shall not exceed fifty percent of the
trainees’ rates.
H. Training costs shall be reimbursed to the company based on
the number of qualified participants and their wages from hours physically
worked.
I. The agreement amount established shall remain the same for
the length of the agreement.
J. Trainee wages shall be reimbursed upon completion of
training with the company which shall not exceed 1,040 hours per approved
trainee application at the conclusion of training in New Mexico and when
company qualifications and requirements have been met.
K. The New Mexico film division shall make arrangements to have
an audit at the end of the agreement that may be facilitated by and completed
at the New Mexico film division to verify program compliance by either an
independent accountant or a representative of the New Mexico film division.
L. In
the case where overpayment has been made by the state of New Mexico to the
company, the company shall refund the department the difference of the correct
reimbursement payment from the paid reimbursement amount.
M. The
New Mexico film division may not issue reimbursement payment until all
obligations the company has incurred have been paid in New Mexico as related to
the New Mexico film credit program.
[5.5.51.12
NMAC - Rp, 5.5.51.12 NMAC, 6-30-2016]
HISTORY OF
5.5.51 NMAC:
History of Repealed
Material:
5.5.51
NMAC, Development Employment Funding for Film and Multimedia Production
Companies, filed 5-28-2008 is repealed effective 4-30-2009.
5.5.51
NMAC, Development Employment Funding for Film and Multimedia Production
Companies, filed 4-30-2009 - Repealed effective 6-30-2014.
5.5.51
NMAC, Development Employment Funding for Film and Multimedia Production
Companies, filed 6-16-2014 - Repealed effective 6-30-2016.