HB-5855, As Passed Senate, March 20, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5855

     A bill to authorize local units of government to provide free

use of local government property for film production.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

government filming location access act".

     Sec. 3. As used in this act:

     (a) "Film" means single media or multimedia entertainment

content for distribution or exhibition to the general public by any

means and media in any digital media format, film, or videotape,

including, but not limited to, a motion picture, documentary, a

television series, a television miniseries, a television special,

interstitial television programming, long-form television,

interactive television, music videos, interactive games, video

games, commercials, internet programming, an internet video, a

sound recording, a video, digital animation, or an interactive

website.

     (b) "Local unit of government" means a political subdivision

of this state, including, but not limited to, a county, city,

village, township, district, local authority, intergovernmental

authority, or intergovernmental entity.

     (c) "Michigan film office" or "film office" means the office

created under chapter 2A of the Michigan strategic fund act, 1984

PA 270, MCL 125.2029 to 125.2029g.

     (d) "Obscene matter or an obscene performance" means matter

described in 1984 PA 343, MCL 752.361 to 752.374.

     Sec. 5. (1) Except as provided under subsection (2), a local

unit of government may authorize a person engaged in the production

of a film in this state to use, without charge, property owned by

or under the control of the local unit of government for the

purpose of producing a film under the terms and conditions

established by the local unit of government. The economic and other

benefits to the local unit of government and this state of film

production located in the local unit of government or this state

shall be considered the value received by the local unit of

government and this state in exchange for the use of the property

owned by or occupied by the local unit of government under this

act.

     (2) A local unit of government shall not authorize the use of

property owned by or under the control of the local unit of

government for the production of a film that includes obscene

matter or an obscene performance or that requires that individually

identifiable records be created and maintained for every performer

as provided in 18 USC 2257.

     (3) A local unit of government shall cooperate with the

Michigan film office by providing the film office with information

about potential film locations within the local unit of government

and the use of property owned by or under the control of the local

unit of government.