Act No. 249

Public Acts of 2023

Approved by the Governor

November 29, 2023

Filed with the Secretary of State

November 30, 2023

EFFECTIVE DATE:  February 13, 2024

state of michigan

102nd Legislature

Regular session of 2023

Introduced by Reps. Dievendorf, Byrnes, Wegela, Rheingans, O’Neal and Shannon

ENROLLED HOUSE BILL No. 4942

AN ACT to authorize the state administrative board to convey state-owned property in Ingham County to the house of representatives; to prescribe conditions for the conveyance; to provide for powers and duties of state agencies and departments concerning the property and the conveyance; and to provide for disposition of revenue derived from the conveyance.

The People of the State of Michigan enact:

Sec. 1. Not later than 1 year after the effective date of this act, the state administrative board, on behalf of this state, may convey by quitclaim deed to the house of representatives, for $1.00, a parcel of state-owned land in the city of Lansing, Ingham County, Michigan, under the jurisdiction of the department of technology, management, and budget, more specifically described as follows:

Parcel 1: Lots #10, #11 & #12 and the north 3.00 feet of lot #9, Block 95, Original Plat of the City of Lansing, Ingham County, Michigan and more particularly described as beginning at the northwest corner of said lot #12; thence N89°41'45"E 165.00 feet, on the north line of said lot #12 to the northeast corner of said lot #12; thence S00°18'15"E 201.00 feet, on the east line of said lots #12, #11, #10 & #9 to a point 3.00 feet south of the northeast corner of said lot #9; thence S89°41'45"W 165.00 feet, parallel with the north line of said lot #9 to the west line of said lot #9; thence N00°18'15"W 201.00 feet, on the west line of said lots #9, #10, #11 & #12 to the point of beginning. Subject to all agreements, covenants, easements, right-of-ways, reservations and restrictions of record, if any.

Parcel 2: The south 10.00 feet of the north 13.00 feet of the east 85.00 feet of lot #9, Block 95, Original Plat of the City of Lansing, Ingham County, Michigan and more particularly described as commencing at the northeast corner of said lot #9; thence S00°18'15"E 3.00 feet, on the east line of said lot #9 to the point of beginning of this description; thence S00°18'15"E 10.00 feet, on the east line of said lot #9; thence S89°41'45"W 85.00 feet; thence N00°18'15"W 10.00 feet; thence N89°41'45"E 85.00 feet, to the point of beginning, containing 850.00 square feet.

 

Sec. 2. The property descriptions in section 1 are approximate and may be adjusted as the state administrative board or the department of the attorney general considers necessary because of a survey or another legal description.

 

Sec. 3. The conveyance under this act must be subject to all of the following restrictions:

(a) The Roosevelt parking ramp on the property described in section 1 must be used exclusively to facilitate the automobile parking needs of the house of representatives for its members, staff, and guests as determined by the house of representatives, except that nonlegislative employees of this state must be afforded ingress and egress to and use of 29 common automobile parking spaces in the Roosevelt parking ramp, as requested by the nonlegislative employees to the house of representatives in writing, for as long as the Roosevelt parking ramp is owned by the house of representatives. The parking spaces provided to the nonlegislative employees must be provided at the same monthly or pro rata rate the house of representatives charges its own members for similar parking spaces. Four of the 29 parking spaces provided to the nonlegislative employees will be relinquished to the house of representatives on each of the first 4 separations from employment by the nonlegislative employees who are allocated space in the garage on the date of the conveyance, or voluntarily before those separations, leaving a total of 25 spaces remaining to be allocated for nonlegislative employees of this state, the allocations to be determined by the department of technology, management, and budget. If the property described in section 1 is ever not used exclusively for the specific purposes stated in this subdivision, this state may reenter and repossess the property, terminating the house of representatives’ or any successor’s estate in the property.

(b) If the house of representatives or any successor to the house of representatives disputes this state’s exercise of its right of reentry under subdivision (a) and fails to promptly deliver possession of the property to this state, the attorney general, on behalf of this state, may bring an action to quiet title to, and regain possession of, the property.

(c) If this state reenters and repossesses the property under subdivision (b), this state will not be liable to reimburse any person for any improvements made on the property.

(d) On written request of this state, the house of representatives will, not later than 60 days after the request, reimburse this state for all costs demonstrably incurred by this state in preparing the property for conveyance to the house of representatives and implementing the conveyance.

(e) If the house of representatives ever intends to convey the property to a third party, the house of representatives will provide written notice to the director of the department of technology, management, and budget of its intent to offer the property for sale. This state retains a right to first purchase the property at the original sale price not later than 180 days after the date of the notice. If this state waives its right to purchase, the house of representatives will pay to this state 100% of the difference between the sale price of the conveyance from this state and the sale price of any subsequent sale to a third party.

 

Sec. 4. The department of technology, management, and budget shall not convey property under this act unless the conveyance and the terms of the conveyance have been approved by the state administrative board.

 

Sec. 5. A deed authorized by this act must be approved as to legal form by the department of the attorney general.

 

Sec. 6. The property described in this act includes all improvements made on the land and all surplus, salvage, and scrap property or equipment remaining on the property on the date of the conveyance.

 

Sec. 7. This state shall not reserve oil, gas, or mineral rights to the property conveyed under this act. However, a conveyance authorized under this act must provide that, if the house of representatives or any subsequent purchaser develops any oil, gas, or minerals found on, within, or under the conveyed property, the house of representatives or subsequent purchaser will pay this state 1/2 of the gross revenue generated from the development of the oil, gas, or minerals. This payment must be deposited in the state treasury in the general fund.

 

Sec. 8. The conveyance authorized under this act must reserve to this state all aboriginal antiquities, including mounds, earthworks, forts, burial and village sites, mines, or other relics, lying on, in, or under the property, with power to this state and all others acting under this state’s authority to enter the property for any purpose related to exploring, excavating, and taking away the aboriginal antiquities.

 

Sec. 9. The conveyance authorized under this act must reserve to this state sole ownership of all future naming and name licensing rights to the Roosevelt parking ramp, including, but not limited to, the sole right to display the facility name on electric or nonelectric signage affixed to any part of the parking ramp structure or its grounds in compliance with applicable ordinances. This state, through the department of technology, management, and budget, must be solely responsible for keeping physical facility name signage in good repair and must be afforded access to the property conveyed as needed to perform that task. Any revenue earned by this state from licensing the facility name must be deposited into the general fund, less reimbursement to the department of technology, management, and budget for its associated incurred expenses, including, but not limited to, metered electricity costs for electrified facility name signage.

Sec. 10. The state administrative board shall deposit the net revenue received from the sale of property under this act in the state treasury. The state treasurer shall credit the money deposited to the general fund. As used in this section, “net revenue” means the proceeds from the sale of the property less reimbursement to the department of technology, management, and budget for any demonstrable costs it incurs in implementing this act, including, but not limited to, costs for employee wages, salaries, and benefits; costs of reports and studies and other materials necessary to the preparation of sale; environmental remediation; legal fees; and any litigation related to the conveyance of the property.

Clerk of the House of Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor