(1) Definitions. As used in this section, unless the context otherwise requires:
"Arts, culture, and entertainment artist or crew member" means an individual involved in the music, theater, motion picture, television, dance, or visual arts industry.
"Arts, culture, and entertainment organization" means a nonprofit or for-profit organization involved in the music, theater, motion picture, television, dance, or visual arts industry.
"COVID-19" means the coronavirus disease caused by the severe acute respiratorysyndrome coronavirus 2, also known as SARS-CoV-2.
(2) Arts relief program. (a) (I) The division shall administer or contract with a third party to administer an arts relief program to provide relief payments to arts, culture, and entertainment artists, crew members, and organizations that meet eligibility criteria developed by the division. When determining eligibility for and the size of an arts relief payment, the division shall:
Consider the type of arts, culture, and entertainment artist, crew member, or organization that is applying for an arts relief payment, the impact of the COVID-19 pandemic on the artist's, crew member's, or organization's business model, if applicable, the size of the organization, if the applicant is an organization, and the availability of and the artist's, crew member's, or organization's access to other relief or grant funding; and
Prioritize arts, culture, and entertainment organizations whose venues are determinedto be at the highest risk of permanent closure.
The division shall not distribute relief payments based on the order in which applications are submitted or received.
The division shall collect sufficient information from applicants to enable the division to issue an internal revenue service form 1099 to an applicant that receives a relief payment pursuant to this section. When issuing a relief payment to an applicant, the division shall provide the internal revenue service form 1099 to the applicant.
(b) Notwithstanding any provision of law to the contrary, an arts, culture, and entertainment artist, crew member, or organization that receives an arts relief payment pursuant to this section is not eligible for any other relief payments from the small business relief program created in section 24-32-129, enacted by Senate Bill 20B-001, enacted in the first extraordinary session of the seventy-second general assembly. An organization that applies for an arts relief payment pursuant to this section shall certify that the organization neither applied for nor received any other relief payments from the small business relief program created in section 2432-129, enacted by Senate Bill 20B-001, enacted in the first extraordinary session of the seventy-second general assembly.
Funding. For the 2020-21 state fiscal year, the general assembly shall appropriate seven million five hundred thousand dollars from the general fund to the creative industries cash fund created in section 24-48.5-301 (2) for the arts relief program. The division may use up to five percent of the amount appropriated pursuant to this section for its administrative costs in administering or contracting with a third party to administer the arts relief program.
Report. By November 1, 2021, the division shall submit a report to the governor, the business, labor, and technology committee of the senate or its successor committee, and the business affairs and labor committee of the house of representatives or its successor committee detailing how the money was allocated through the arts relief program, including:
The list of arts relief payment recipients and the amount allocated to each recipient;
The types of arts, culture, and entertainment artists, crew members, and organizationsthat received arts relief payments; and
Any other information deemed pertinent by the division.
(5) Repeal. This section is repealed, effective December 31, 2022.
Source: L. 2020, 1st Ex. Sess.: Entire section added, (SB 20B-001), ch. 2, p. 14, § 5, effective December 7.
Cross references: For the legislative declaration in SB 20B-001, see section 1 of chapter 2, Session Laws of Colorado 2020, First Extraordinary Session.