June 8, 2006, Introduced by Reps. Tobocman, Amos, Proos, Donigan, Byrnes, Clemente, Mayes, Kolb, Lipsey, Kahn, Murphy, Hunter, Alma Smith, Kathleen Law, Accavitti, David Law, Ball, Palmer, Espinoza, McDowell, Gonzales, Polidori, Cushingberry, Sak, Anderson, Stewart, Kooiman and Gaffney and referred to the Committee on Commerce.


     A bill to create the cultural redevelopment authority; to


create and operate certain cultural redevelopment districts; to


foster economic opportunities in this state; to facilitate economic


development; to stimulate cultural, industrial, commercial, and


residential improvements; to prevent physical and infrastructure


deterioration of geographic areas in this state; to authorize


expenditures; to provide exemptions and credits from certain taxes;


to create certain obligations of this state and local governmental


units; to provide for appropriations; and to prescribe the powers


and duties of certain state and local departments, agencies, and






     Sec. 1. This act shall be known and may be cited as the


"cultural redevelopment district authority act".


     Sec. 2. The legislature of this state finds and declares that


there exists in this state continuing need for programs to assist


certain local governmental units in encouraging cultural


development, cultural redevelopment, economic development, the


consequent job creation and retention, and ancillary economic


growth in this state. To achieve these purposes, the legislature


determines it is necessary to assist and encourage the creation of


cultural redevelopment districts and provide temporary relief from


certain taxes within those districts.


     Sec. 3. As used in this act:


     (a) "Artist" means a person who creates or executes an


artistic work.


     (b) "Artist materials" means materials used directly in the


creation of artistic work that are for sale or purchased within the




     (c) "Artistic work" means an original and creative work,


whether written, composed, created, or executed for one-of-a-kind


or limited production, which is 1 of the following:


     (i) A book or other writing.


     (ii) A play or the performance of a play.


     (iii) A musical composition or the performance of the




     (iv) A painting or other like picture.


     (v) A sculpture.


     (vi) A traditional and fine craft.


     (vii) The creation of a film, the acting of a film, or




     (viii) The creation of a dance or the performance of the dance.


     (ix) A design art.


     (d) "Authority" means the cultural redevelopment district


authority created in section 4.


     (e) "Board" means the board of directors of the cultural


redevelopment authority board created in section 5.


     (f) "Department" means the department of labor and economic




     (g) "Development plan" means a written plan that addresses the


criteria in section 7 and includes all of the following:


     (i) A map of the proposed cultural redevelopment district that


indicates the geographic boundaries, the total area, and the


present use and conditions generally of the land and structures


within those boundaries.


     (ii) Evidence of community support and commitment from


cultural, residential, and business interests.


     (iii) A description of the methods proposed to increase economic


opportunity and expansion, facilitate infrastructure improvement,


and identify job opportunities.


     (iv) Current and anticipated improvements in infrastructure and


social, economic, and demographic characteristics of the proposed




     (v) Any other information required by the board.


     (h) "District" means a cultural redevelopment district created


under section 6.


     (i) "Local governmental unit" means a county, city, village,


or township.


     (j) "Person" means an individual, partnership, corporation,


association, limited liability company, governmental entity, or


other legal entity.


     (k) "Qualified business" means a person who creates an


artistic work or assists others in the creation, display, or sale


of an artistic work.


     (l) "Qualified local governmental unit" means a city, village,


or township.


     Sec. 4. (1) The cultural redevelopment district authority is


created as a public body corporate and politic within the




     (2) The authority shall exercise its duties independently of


the department. However, the budgeting, procurement, and related


administrative functions of the authority shall be conducted by the




     Sec. 5. (1) The authority shall exercise its duties through


its board of directors.


     (2) The board shall be made up of 13 members as follows:


     (a) The director of the department of labor and economic




     (b) The director of the department of history, arts, and




     (c) The director of the Michigan council for arts and cultural




     (d) The chief executive officer of the Michigan economic


development corporation.


     (e) The director of the state historic preservation office of


the Michigan historical center of the department of history, arts,


and libraries.


     (f) The state librarian.


     (g) The director of the Michigan state housing development




     (h) Four members with knowledge, skill, or experience in


private development or local arts or cultural organizations


appointed by the governor with the advice and consent of the




     (i) One member appointed by the governor from a list of 2 or


more individuals selected by the majority leader of the senate,


with knowledge, skill, or experience in private development or


local arts or cultural organizations.


     (j) One member appointed by the governor from a list of 2 or


more individuals selected by the speaker of the house of


representatives, with knowledge, skill, or experience in private


development or local arts or cultural organizations.


     (3) The appointed members shall serve for terms of 4 years. Of


the 2 members first appointed, 1 shall be appointed for an initial


term of 1 year and 1 shall be appointed for an initial term of 2


years. The appointed members shall serve until a successor is


appointed. A vacancy shall be filled for the balance of the


unexpired term in the same manner as the original appointment.


     (4) The chief executive officer or director of any state


department or agency who is a designated member of the board may


appoint a representative to serve in his or her absence.


     (5) Members of the board shall serve without compensation but


may receive reasonable reimbursement for necessary travel and


expenses incurred in the discharge of their duties.


     (6) The board shall select a board member to serve as


chairperson of the board.


     (7) A majority of the appointed and serving members of the


board shall constitute a quorum of the board for the transaction of


business. A member may participate in a meeting by the use of


amplified telephonic or video conferencing equipment. A member


participating by the use of telephonic or video conferencing


equipment shall be considered to be present for purposes of a


quorum and for purposes of voting. Actions of the board shall be


approved by a majority vote of the members present at a meeting.


     (8) The members of the board and officers and employees of the


authority are subject to 1968 PA 317, MCL 15.321 to 15.330, or 1968


PA 318, MCL 15.301 to 15.310.


     (9) A member of the board or officer, employee, or agent of


the authority shall discharge the duties of his or her position in


a nonpartisan manner, with good faith, and with that degree of


diligence, care, and skill that an ordinarily prudent person would


exercise under similar circumstances in a like position.


     Sec. 6. (1) One or more qualified local governmental units may


apply to the board to designate a portion of the qualified local


governmental unit or units as a district if all of the following


criteria are met:


     (a) The geographic area of the proposed district is located


within the boundaries of the qualified local governmental unit or


units that apply.


     (b) The application includes a development plan.


     (c) The application includes the proposed duration of district


status, not to exceed 10 years, except as otherwise provided in


this section.


     (d) If the qualified local governmental unit is a city, that


city's mayor's written approval of the application.


     (2) A qualified local governmental unit may submit not more


than 1 application to the board for designation as a district.


     Sec. 7. (1) The board shall review all applications submitted


by qualified local governmental units and determine which


applications meet the criteria contained in section 6.


     (2) The board shall do all of the following:


     (a) Designate districts.


     (b) Subject to subsection (3), approve or reject the duration


of district status.


     (c) Subject to subsection (3), approve or reject the


geographic boundaries and the total area of the district as


submitted in the application.


     (d) Approve or reject each exemption, deduction, or credit as


described in section 9.


     (3) The board shall not alter the geographic boundaries of the


district or the duration of district status described in the


application unless the qualified local governmental unit or units


and the local governmental unit or units in which the district is


to be located consent by resolution to the alteration.


     (4) The designation of a district under this act shall take


effect on January 1 in the year following designation.


     Sec. 8. The board shall consider the following criteria in


designating a district:


     (a) Giving priority to applications that include new business




     (b) Evidence of adverse economic and socioeconomic conditions


within the proposed district.


     (c) The viability of the development plan.


     (d) Whether the development plan is creative and innovative.


     (e) Public and private commitment to and other resources


available for the proposed district.


     (f) How district designation would relate to a broader plan


for the community as a whole.


     (g) The level of demonstrated cooperation from artists and the


local arts community.


     (h) Any other information required by the board.


     Sec. 9. An artist who is a resident of or conducts business in


a district or a qualified business that is located and conducts


business activity within a district shall receive the exemption,


deduction, or credit as determined by the board as provided in the


following for the period provided under section 6(2)(b):


     (a) Sections 36f and 36g of the single business tax act, 1975


PA 228, MCL 208.36f and 208.36g.


     (b) Sections 272 and 275 of the income tax act of 1967, 1967


PA 281, MCL 206.272 and 206.275.


     (c) Section 4cc of the general sales tax act, 1933 PA 167, MCL




     Sec. 10. The form of the application for a district


designation shall be as specified by the department. The board may


request any information from an applicant, in addition to that


contained in an application, as may be needed to permit the board


to discharge its responsibilities under this act.


     Sec. 11. This state shall reimburse the school aid fund for


all revenues lost as the result of the establishment of a district.


Foundation allowances calculated under section 20 of the state


school aid act of 1979, 1979 PA 94, MCL 388.1620, shall not be


reduced as a result of lost revenues arising from this act.


     Sec. 12. (1) The board shall conduct all business at public


meetings held in compliance with the open meetings act, 1976 PA


267, MCL 15.261 to 15.275. Public notice of the time, date, and


place of each meeting shall be given in the manner required by the


open meetings act, 1976 PA 267, MCL 15.261 to 15.275.


     (2) A record or a portion of a record, material, application,


or other data received, prepared, used, or retained by the board is


subject to the freedom of information act, 1976 PA 442, MCL 15.231


to 15.246.


     Sec. 13. This act shall be construed liberally to effectuate


the legislative intent and the purposes of this act and as complete


and independent authority for the performance of each and every act


and thing authorized by this act, and all powers granted by this


act shall be broadly interpreted to effectuate the intent and


purposes of this act and not as a limitation of powers.


     Sec. 14. The department shall annually report to the


legislature on the economic effects of this act in each district.


The report shall include, but is not limited to, all of the


following for each district:


     (a) Number of new jobs created.


     (b) Percentage change in aggregate taxable value and state


equalized value.


     (c) Average wage of new jobs created.


     (d) Percentage change of adjusted gross income of residents.


     (e) The estimated change in the population from the


immediately preceding year.