Bill Text: MI SB0804 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Property; state buildings; certain buildings on Mackinac Island; authorize official residences commission to operate and maintain. Amends sec. 76504 of 1994 PA 451 (MCL 324.76504). TIE BAR WITH: SB 0803'14

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2014-02-20 - Referred To Committee On Government Operations [SB0804 Detail]

Download: Michigan-2013-SB0804-Introduced.html

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SENATE BILL No. 804

 

 

February 20, 2014, Introduced by Senators KAHN and BOOHER and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 76504 (MCL 324.76504), as amended by 2004 PA

 

325.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 76504. (1) The Subject to subsection (3), the Mackinac

 

Island state park shall be under the control and management of the

 

commission, and a majority of the members of the commission

 

constitutes a quorum for the transaction of business. The business

 

which the commission may perform shall be conducted at a public

 

meeting of the commission 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 the meeting shall be given in the manner

 

required by the open meetings act, 1976 PA 267, MCL 15.261 to

 

15.275.

 

     (2) The Subject to subsection (3), the commission shall have

 

the exclusive right to do either or both of the following:

 

     (a) Lay out, manage, and maintain the park and preserve the

 

old fort and other property held by the commission on or acquired

 

by the commission after August 6, 2001.

 

     (b) Promulgate and enforce rules not inconsistent with the

 

laws of this state and necessary to implement the commission's

 

duties.

 

     (3) The following properties within the Mackinac Island state

 

park shall be under this exclusive control of the official

 

residences commission established in section 4 of the official

 

residences act:

 

     (a) The Mackinac residence as defined in section 2 of the

 

official residences act.

 

     (b) The captain's and major's quarters as defined in section 2

 

of the official residences act.

 

     (4) (3) The commission may do 1 or more of the following:

 

     (a) Enter into leases and establish prices for rentals or

 

privileges upon property controlled by the commission.

 

     (b) Sell or lease as personal property buildings or structures

 

acquired by the commission in settlement of delinquent land

 

rentals.

 

     (c) Employ a director and other persons as may be needed.

 

     (5) (4) The rules of the commission shall apply to all roads

 

situated on Mackinac Island state park lands. The commission shall

 

not make a rule permitting the use of motor vehicles except motor

 

vehicles owned by the state, a political subdivision of the state,

 

or by a public utility, and used in the exercise of its franchise.

 

The commission may provide by rule for the issuance of temporary

 

permits for the operation of motor vehicles over roads situated on

 

state park lands. The commission may grant permits pursuant to part

 

13 for the use of lands for the expansion of existing cemeteries,

 

under terms and conditions as the commission prescribes. The

 

commission may also grant privileges and franchises for waterworks,

 

sewerage, transportation, and lighting, for a period of not more

 

than 40 years. The commission shall prescribe by rule the maximum

 

number of horse drawn vehicles for hire that may be licensed by the

 

commission for operation within the park.

 

     (6) (5) The sheriff of the county of Mackinac, upon the

 

application of the commission, shall appoint 1 or more persons who

 

shall be designated by the commission as deputy sheriffs in and for

 

the county, and who shall be employees of the commission but who

 

shall not receive fees or emoluments for services as deputy

 

sheriffs. The commission may establish the compensation of the

 

persons employed by the commission, but a debt or obligation shall

 

not be created by the commission exceeding the amount of money at

 

its disposal at the time.

 

     (7) (6) All money received from rentals or privileges shall be

 

paid promptly into the state treasury to be credited to the general

 

fund and to be disbursed as appropriated by the legislature. The

 

commission, in consideration of the furnishing of fire protection,

 

street service, sewerage service, and other public service agreed

 

upon, may remit reasonable rentals as the commission determines

 

from leases of property acquired by the state under the general

 

property tax act, 1893 PA 206, MCL 211.1 to 211.157, 211.155, and

 

deeded to the commission, to the several tax assessing units in

 

which the property is situated as provided in that act, in

 

proportion to the delinquent taxes and special assessments of the

 

units canceled against the description of land.

 

     (8) (7) A writing prepared, owned, used, in the possession of,

 

or retained by the commission in the performance of an official

 

function shall be made available to the public in compliance with

 

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

 

The commission shall provide to the governor an annual report and

 

statement of receipts and expenditures, and recommendations and

 

suggestions as the commission considers proper.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 803                                    

 

          of the 97th Legislature is enacted into law.