Bill Text: MI HB5423 | 2009-2010 | 95th Legislature | Introduced
Bill Title: History and arts; other; department of history, arts, and libraries; abolish, and transfer responsibilities to department of state. Amends title & secs. 1, 2, 5, 9 & 11 of 2001 PA 63 (MCL 399.701 et seq.) & repeals secs. 3, 4, 6 & 7 of 2001 PA 63 (MCL 399.703 et seq.).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-09-23 - Printed Bill Filed 09/23/2009 [HB5423 Detail]
Download: Michigan-2009-HB5423-Introduced.html
HOUSE BILL No. 5423
September 22, 2009, Introduced by Rep. Cushingberry and referred to the Committee on Appropriations.
A bill to amend 2001 PA 63, entitled
"History, arts, and libraries act,"
by amending the title and sections 1, 2, 5, 9, and 11 (MCL 399.701,
399.702, 399.705, 399.709, and 399.711), the title and section 2 as
amended and section 9 as added by 2008 PA 559; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to create a department of history, arts, and libraries
Michigan
council for cultural affairs; to
provide for its
administration;
to provide for its powers, duties, functions, and
responsibilities;
and to establish the Michigan
council for the
arts fund; and to prescribe the powers and duties of certain state
agencies and officials.
Sec. 1. This act shall be known and may be cited as the
"history,
arts, and libraries act" "council
for arts and cultural
affairs act".
Sec. 2. As used in this act:
(a) "Council" means the Michigan council for arts and cultural
affairs
established by Executive Order No. 1991-21 created in
section 11.
(b)
"Department" means the department of history, arts, and
libraries
created in section 3 state.
(c)
"Director" means the director of the department.
(c) (d)
"Fund" means the Michigan
council for the arts fund
created in section 9.
(d) (e)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(f)
"Type II transfer" means that term as it is defined in
section
3 of the executive organization act of 1965, 1965 PA 380,
MCL
16.103.
Sec.
5. The department shall carry out the powers, duties,
functions,
and responsibilities as provided in this act and as
otherwise
provided by law. The
department of history, arts, and
libraries is abolished. All powers, duties, functions, and
responsibilities of the former department of history, arts, and
libraries provided for in this act are transferred to the
department of state as a type III transfer as described in section
3 of the executive organization act of 1965, 1965 PA 380, MCL
16.103.
Sec. 9. (1) The Michigan council for the arts fund is created
in
the department within the
state treasury. The fund shall be
administered by the department, and money in the fund shall be
expended only to fund grants administered by the council.
(2) The department shall credit to the fund all amounts
appropriated to the fund under this act and any money received as
contributions for purposes under this act, including money credited
to the fund pursuant to section 435 of the income tax act of 1967,
1967 PA 281, MCL 206.435, any interest and earnings accruing from
the saving and investment of that money, and any other
appropriations, money, or other things of value received by the
fund.
(3) The state treasurer shall direct the investment of the
fund.
(4) Money appropriated or money received as a contribution to
the fund shall be available for disbursement upon appropriation.
(5) Money in the fund at the close of the year shall remain in
the fund and shall not lapse to the general fund.
(6) The department shall be the administrator of the fund for
auditing purposes.
(7) (6)
By November 1 of each year, the
department shall
provide a report to the senate and house of representatives
appropriations
subcommittees on history, arts, and libraries
committees of all revenues to and expenditures from the fund. The
report shall include an estimated fund balance for the fiscal year.
Sec. 11. (1) The Michigan council for arts and cultural
affairs
is transferred by a type II transfer to created within the
department. The council shall consist of 15 members appointed by
the governor.
(2) The term of office of each member of the council shall be
3 years. A member appointed to fill a vacancy occurring other than
by expiration of a term shall be appointed for the unexpired term.
(3) The governor shall appoint 1 member of the council as
chairperson. The council shall elect other officers as it considers
necessary.
(4) Members of the council shall not receive compensation, but
may be reimbursed for the actual and necessary expenses, including
mileage, incurred in carrying out their functions.
(5) The council may appoint subcommittees and advisory
committees.
The director secretary of
state may assign staff, if
requested by the chairperson of the council, to assist the council
in performing its functions.
(6) The council shall do all of the following:
(a) Advise the governor and the director on matters relating
to arts and cultural affairs.
(b) Disburse, fund, and make grants to public and private arts
and cultural entities.
(c) Accept gifts, grants, loans, appropriations, or other aid
from any person and agree and comply with conditions attached to
such gifts, grants, loans, appropriations, or other aid.
(d) Make and execute contracts and other instruments with any
person, necessary or convenient to the proper exercise of its
function.
(e) Develop and implement a long-range plan to accomplish its
objectives.
Enacting section 1. Sections 3, 4, 6, and 7 of 2001 PA 63, MCL
399.703, 399.704, 399.706, and 399.707, are repealed.
