Bill Text: MI HB5955 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Recreation; state parks; Michigan capitol state park; establish. Amends sec. 74101 of 1994 PA 451 (MCL 324.74101) & adds secs, 74127, 74128 & 74129. TIE BAR WITH: HB 5956'12, HB 5957'12, HB 5958'12
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-10-17 - Printed Bill Filed 09/28/2012 [HB5955 Detail]
Download: Michigan-2011-HB5955-Introduced.html
HOUSE BILL No. 5955
September 27, 2012, Introduced by Rep. Bumstead 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 74101 (MCL 324.74101), as amended by 2010 PA
33, and by adding sections 74127, 74128, and 74129.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74101. As used in this part:
(a) "Commercial motor vehicle" means a commercial vehicle as
defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL
257.7.
(b) "Improvement program" means the construction,
reconstruction, development, improvement, bettering, operating,
maintaining, and extending a facility at a state park, including a
site improvement, impoundment, road and parking lot, toilet
building, concession building, shelter building, bathhouse,
utility, outdoor center, visitor service facility, ski area, ski
tow, ski shelter, and administration unit.
(c) "Motor vehicle" means a vehicle that is self-propelled.
(d) "Nonresident motor vehicle" means a motor vehicle other
than a commercial motor vehicle that is not registered as a motor
vehicle in this state.
(e) "Recreation passport fee" means that term as defined in
section 2001.
(f) "Resident motor vehicle" means a motor vehicle other than
a commercial motor vehicle that is registered as a motor vehicle in
this state.
(g) "State park" means a state park or state recreation area
provided for in this part or as otherwise designated by the
director.
(h) "State park improvement account" means the state park
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2030.
(i) "State park revenues" means all revenues collected for
state parks, including but not limited to, revenue from recreation
passport fees, motor vehicle permits, concession fees, nonmotorized
trail permits, fees, leases, camping fees, sale of farm animals
from Maybury state park, donations, and gifts.
Sec. 74127. (1) The Michigan capitol state park is
established.
(2) The Michigan capitol state park consists of the state
capitol building in Lansing and the grounds of the state capitol
building bounded by Ottawa street on the north, Allegan street on
the south, Capitol avenue on the east, and Walnut street on the
west.
(3) Notwithstanding any other provision of this act, the
Michigan capitol state park shall be under the exclusive control of
the Michigan capitol state park commission created in section
74128.
Sec. 74128. (1) The Michigan capitol state park commission is
established.
(2) The Michigan capitol state park commission shall consist
of the following members:
(a) The secretary of the senate.
(b) The clerk of the house of representatives.
(c) An individual, jointly appointed by the secretary of the
senate and the clerk of the house of representatives, who has
expertise and experience in fund-raising for the restoration and
maintenance of historic structures.
(d) The capitol architect appointed under subsection (3).
(3) The governor shall appoint an individual with knowledge
and expertise in historic architecture to serve as the capitol
architect. The capitol architect shall serve at the pleasure of the
governor. The governor shall appoint a capitol architect under this
subsection within 60 days after the effective date of the
amendatory act that added this section.
(4) Members of the Michigan capitol state park commission
shall serve without compensation. However, members of the Michigan
capitol state park commission may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the Michigan capitol state park
commission.
(5) A majority of the members of the Michigan capitol state
park commission constitute a quorum for the transaction of business
at a meeting of the Michigan capitol state park commission. An
affirmative vote of a majority of the members of the Michigan
capitol state park commission is required for official action of
the Michigan capitol state park commission.
(6) The business that the Michigan capitol state park
commission may perform shall be conducted at a public meeting of
the Michigan capitol state park commission held in compliance with
the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(7) A writing prepared, owned, used, in the possession of, or
retained by the Michigan capitol state park commission in the
performance of an official function is subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(8) Notwithstanding any other provision of this act, the
Michigan capitol state park commission shall do all of the
following:
(a) Operate and manage the Michigan capitol state park.
(b) Maintain and restore the capitol building.
(c) Maintain and improve the grounds of the Michigan capitol
state park.
(d) Contract with any person for purposes of procuring goods
or services or otherwise carrying out its responsibilities with
regard to the Michigan capitol state park.
(e) Make recommendations to the governor, the senate, and the
house of representatives regarding funding for the Michigan capitol
state park, including funding from the Michigan state parks
endowment fund created under section 35a of article IX of the state
constitution of 1963 and provided for in section 74119 and the
Michigan capitol restoration fund created in section 74129.
(9) The Michigan capitol state park commission does not have
authority and shall not exercise control over the internal
decisions of the senate or the house of representatives as they
relate to the allocation of space in the capitol building or the
capitol building parking lot, including legislative or staff
offices. All decisions concerning space in the capitol building and
the capitol building parking lot shall be made according to the
rules or practices of the senate and the house of representatives.
(10) Notwithstanding any other provision of this part, a motor
vehicle park permit or recreation passport fee is not required for
entry into the Michigan capitol state park. Entry into the Michigan
capitol state park is under the exclusive control of the Michigan
capitol state park commission.
Sec. 74129. (1) The Michigan capitol restoration fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the Michigan capitol restoration fund,
including private gifts, bequests, and donations. The state
treasurer shall direct the investment of the Michigan capitol
restoration fund. The state treasurer shall credit to the Michigan
capitol restoration fund interest and earnings from fund
investments.
(3) Money in the Michigan capitol restoration fund at the
close of the fiscal year shall remain in the fund and shall not
lapse to the general fund.
(4) The Michigan capitol state park commission shall be the
administrator of the Michigan capitol restoration fund for auditing
purposes.
(5) The Michigan capitol state park commission shall expend
money from the Michigan capitol restoration fund, upon
appropriation, only for the operation, maintenance, and restoration
of the Michigan capitol state park.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5958(request no.
02399'11).
(b) Senate Bill No.____ or House Bill No. 5957(request no.
02400'11).
(c) Senate Bill No.____ or House Bill No. 5956(request no.
02400'11 a).
