Bill Text: MI SB0509 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: State financing and management; funds; department of history, arts, and libraries; eliminate references. Amends secs. 29a & 88j of 1984 PA 270 (MCL 125.2029a & 125.2088j). TIE BAR WITH: SB 0503'09
Spectrum: Partisan Bill (Republican 5-0)
Status: (Engrossed - Dead) 2009-09-02 - Referred To Committee On Judiciary [SB0509 Detail]
Download: Michigan-2009-SB0509-Engrossed.html
SB-0509, As Passed Senate, August 27, 2009
SENATE BILL No. 509
April 30, 2009, Introduced by Senators ALLEN, BROWN, BIRKHOLZ, KUIPERS and JELINEK and referred to the Committee on Commerce and Tourism.
A bill to amend 1984 PA 270, entitled
"Michigan strategic fund act,"
by amending sections 29a and 88j (MCL 125.2029a and 125.2088j),
section 29a as added by 2008 PA 75 and section 88j as added by 2005
PA 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 29a. (1) The Michigan film office is created in the fund.
The
office shall be the successor to any authority, powers, duties,
functions,
or responsibilities of the Michigan film office under
section
21 of the history, arts, and libraries act, 2001 PA 63, MCL
399.721.
(2) The office may do all of the following:
(a) Promote and market locations, talent, crews, facilities,
and technical production and other services related to film,
digital media, and television production in this state.
(b) Provide to interested persons descriptive and pertinent
information on locations, talent, crews, facilities, and technical
production and other services related to film, digital media, and
television production in this state.
(c) Provide technical assistance to the film, television, and
digital media industry in locating and securing the use of
locations, talent, crews, facilities, and services in this state.
(d) Encourage community and Michigan film, digital media, and
television production industry participation in, and coordination
with, state and local efforts to attract film, digital media, and
television production in this state.
(e) Serve as this state's chief liaison with the film, digital
media, and television production industry and with other
governmental units and agencies for the purpose of promoting,
encouraging, and facilitating film, digital media, and television
production in this state.
(f) Explain the benefits and advantages of producing films,
digital media, and television productions in this state.
(g) Assist film, digital media, and television producers with
securing location authorization and other appropriate services
connected with film, digital media, and television production in
this state.
(h) Scout potential film locations for national and
international film, digital media, and television prospects.
(i) Escort film, digital media, and television producers on
location scouting trips.
(j) Serve as a liaison between film, digital media, and
television producers, state agencies, local agencies, federal
agencies, community organizations and leaders, and the film,
digital media, and television industry in this state.
(k) Assist film, digital media, and television producers in
securing permits to film at specific locations in this state and in
obtaining needed services related to the production of a film,
digital media, or a television program.
(l) Represent this state at film, digital media, and television
industry trade shows and film festivals.
(m) Sponsor workshops or conferences on topics relating to
filmmaking, including, but not limited to, screenwriting, film
financing, and the preparation of communities to attract and assist
film, digital media, and television productions in this state.
(n) Encourage cooperation between local, state, and federal
government agencies and local film offices in the location and
production of films, digital media, and television programming in
this state.
(o) Coordinate activities with local film offices.
(p) Facilitate cooperation from state departments and
agencies, local governments, local film offices, federal agencies,
and private sector entities in the location and production of
films, digital media, and television programming in this state.
(q) Prepare, maintain, and distribute a directory of persons,
firms, and governmental agencies available to assist in the
production of films, digital media, and television programming in
this state.
(r) Prepare, maintain, and distribute a digital library
depicting the variety and extent of the locations within this state
for film, digital media, and television productions.
(s) Prepare and distribute appropriate promotional and
informational materials that do all of the following:
(i) Describe desirable locations in this state for film,
digital media, and television production.
(ii) Explain the benefits and advantages of producing films,
digital media, and television productions in this state.
(iii) Detail services and assistance available from state
government, from local film offices, and from the film, digital
media, and television industry in this state.
(t) Solicit and accept gifts, grants, labor, loans, and other
aid from any person, government, or entity.
(u) Employ technical experts, other officers, agents, or
employees, permanent or temporary, paid from the funds of the
office. The office shall determine the qualifications, duties, and
compensation of those the office employs.
(v) Contract for goods and services and engage personnel as
necessary to perform the duties of the office under this chapter.
(w) Study, develop, and prepare reports or plans the office
considers necessary to assist the office in the exercise of its
powers under this chapter and to monitor and evaluate progress
under this chapter.
(x) Exercise the duties and responsibilities vested in the
office under this chapter and all of the following:
(i) Section 88d.
(ii) Section 88j(3)(e).
(iii) Section 4cc of the general sales tax act, 1933 PA 167, MCL
205.54cc.
(iv) Sections 455 to 459 of the Michigan business tax act, 2007
PA 36, MCL 208.1455 to 208.1459.
(y) All other things necessary or convenient to achieve the
objectives and purposes of the office, this chapter, or other laws
that relate to the purposes and responsibilities of the office.
(3) The enumeration of a power in this chapter shall not be
construed as a limitation upon the general powers of the office.
The powers granted under this chapter are in addition to those
powers granted by any other law.
(4) The commissioner and the president of the fund shall
cooperate in administering the budget, procurement, and related
management functions of the office. The fund may provide the office
with staff support and other services to assist the office in
performing the functions and duties of the office.
(5) State departments, agencies, boards, commissions, and
officers and local film offices shall cooperate with the office in
the performance of the office's duties under this chapter.
Sec. 88j. (1) Upon request from the fund board, the state
treasurer shall transfer appropriated funds from the 21st century
jobs trust fund to the fund in the amounts designated by the fund
board at the time and as necessary to fund disbursements or
reserves required for programs or activities authorized under this
chapter or to fund investments authorized by the fund board from
the investment fund. Funds appropriated or transferred to the fund
shall not be transferred to another governmental entity or a
separate legal entity and public body corporate established under
the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501
to 124.512, except as authorized under this chapter.
(2) For the fiscal year ending September 30, 2006, there is
appropriated and transferred from the 21st century jobs trust fund
to the fund $400,000,000.00 for the purposes of carrying out the
purposes of this chapter.
(3) From the funds appropriated and transferred in subsection
(2), the fund shall make the following commitments, dispersible as
provided in subsection (1):
(a) $26,000,000.00 as a grant to the Michigan forest finance
authority for purposes under part 505 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.50501 to
324.50522. The money shall be spent only as provided by the
Michigan forest finance authority.
(b) $10,000,000.00, up to 1/2 in loans, to support the
development and creation of a defense contract coordination center
program to assist Michigan companies in securing more federal
defense and homeland security procurement contracts. This program
shall include, but is not limited to, providing low-interest rate
loans to support the expansion of manufacturing operations in order
to fulfill federal procurement contracts. The loan repayments shall
return to the investment fund.
(c) $4,000,000.00 as follows:
(i) $3,000,000.00 for a private research institute that has
received a specific federal appropriation prior to 2005 for the
creation of a good manufacturing facility. The facility shall be
used for the production of drugs approved for use in clinical
trials, as approved by the United States food and drug
administration, and shall work to market the core technology
alliance for the purposes of commercialization and providing access
to advanced technologies to researchers affiliated with
universities, private research institutes, and biotech and
pharmaceutical firms.
(d) $6,000,000.00 for an automotive technology business
accelerator to provide for the research, development, and
commercialization of innovative technologies and products. The
funds shall be used to support international business development,
encourage development of competitive edge technologies through the
creation of early stage seed funds, and support the outreach and
growth of technology based businesses and professionals.
(e) $2,000,000.00 for the Michigan film office to promote the
filming of motion pictures in this state. No funds may be used to
promote the filming of a motion picture that depicts obscene matter
or an obscene performance. As used in this subdivision, "obscene
matter or an obscene performance" means obscene material, the
dissemination of which is a violation of 1984 PA 343, MCL 752.361
to
752.374. The Michigan film office created under section 21 of
the
history, arts, and libraries act, 2001 PA 63, MCL 399.721, 29a
shall use the funds in the following manner:
(i) To hire an independent firm to conduct a baseline study
that will accurately demonstrate Michigan's status within the film
industry and include recommendations of necessary improvements for
Michigan to attract motion pictures.
(ii) To market and promote Michigan as a premiere location for
filming motion pictures, commercials, and documentaries. Marketing
and promoting include, but are not limited to, website development,
promotional and research expenses, event and festival sponsorship,
and advertising.
(iii) Assist in workforce development within the film industry
by supporting on-the-job training of qualified crew members. Job
training of film and media technicians includes, but is not limited
to, technical training, practical training, and internship
opportunities.
(f) $2,000,000.00 to implement the transfer of competitive
edge technology research from institutions of higher education to
the private sector as provided in this chapter.
(g) $15,000,000.00 for a Michigan promotion program to enhance
funding beyond that included in the annual appropriation for travel
Michigan to attract additional tourism expenditures in this state.
No funds may be used for any tourism marketing effort that includes
the image of an elected state officer or a candidate for elective
state office that is targeted to a media market in Michigan.
(h) $10,000,000.00 to the agricultural development fund
created in section 2 of the Julian-Stille value-added act, 2000 PA
322, MCL 285.302, for grants and loans. The money shall not be
spent until after April 1, 2006. As used in this subdivision,
"specialty crop" means any agricultural crop, except wheat, feed
grains, oilseeds, cotton, rice, peanuts, and tobacco.
(i) $3,500,000.00 to implement the capital access program.
(j) $90,000,000.00 for life sciences technology as provided in
this chapter.
(4) $16,000,000.00 of the appropriation made in subsection (2)
may be expended for administrative costs related to the
administration of programs or activities authorized under this
chapter. However, the fund and the fund board shall not expend more
than $12,000,000.00 for administration of programs or activities
authorized under this chapter unless the fund board by a 2/3 vote
authorizes the additional $4,000,000.00 for administration.
(5) $20,000,000.00 of the appropriation made in subsection (2)
may be expended for business development and business marketing
costs. Not less than 80% of the funds committed for business
development and business marketing costs shall be targeted to
persons or entities outside of this state. No funds shall be used
for any business development and business marketing effort that
includes a reference to or the image or voice of an elected state
officer or a candidate for elective state office and that is
targeted to a media market in this state. The fund board shall
select all vendors for all marketing expenditures under this
chapter by issuing a request for proposal. At a minimum, the
request for proposal shall require the responding entities to
disclose any conflict of interest, disclose any criminal
convictions, disclose any investigations by the internal revenue
service or any other federal or state taxing body or court,
disclose any pertinent litigation regarding the conduct of the
entity, and maintain records and evidence pertaining to work
performed. The fund board shall establish a standard process to
evaluate proposals submitted as a result of a request for proposal
and appoint a committee to review the proposals.
(6) Following the disbursements described in subsections (3),
(4), and (5), the remaining money shall be allocated pursuant to
section 88b(1).
(7) The appropriation authorized in subsection (2) is a work
project appropriation and any unencumbered or unallotted funds are
carried forward into the following fiscal year. The following is in
compliance with section 451a(1) of the management and budget act,
1984 PA 431, MCL 18.1451a:
(a) The purpose of the project is to provide substantial
economic benefits and job creation within this state and to create
incentives for the diversification of the economy of this state
through 21st century investments, grants and loans approved by the
commercialization board under section 88k, and other programs or
activities authorized under this chapter.
(b) The work project will be accomplished through the use of
interagency agreements, grants, loans, investments, state
employees, and contracts.
(c) The total estimated completion cost of the work project is
$400,000,000.00.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 503
of the 95th Legislature is enacted into law.
