Bill Text: MI SB0526 | 2009-2010 | 95th Legislature | Engrossed


Bill Title: History and arts; other; department of history, arts, and libraries; abolish, and transfer responsibilities to department of state. Amends sec. 1a of 1970 PA 169 (MCL 399.201a). TIE BAR WITH: SB 0503'09

Spectrum: Partisan Bill (Republican 4-0)

Status: (Engrossed - Dead) 2009-09-02 - Referred To Committee On Judiciary [SB0526 Detail]

Download: Michigan-2009-SB0526-Engrossed.html

SB-0526, As Passed Senate, August 27, 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 526

 

 

April 30, 2009, Introduced by Senators JANSEN, ALLEN, BROWN and JELINEK and referred to the Committee on Commerce and Tourism.

 

 

 

     A bill to amend 1970 PA 169, entitled

 

"Local historic districts act,"

 

by amending section 1a (MCL 399.201a), as amended by 2004 PA 67.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1a. As used in this act:

 

     (a) "Alteration" means work that changes the detail of a

 

resource but does not change its basic size or shape.

 

     (b) "Certificate of appropriateness" means the written

 

approval of a permit application for work that is appropriate and

 

that does not adversely affect a resource.

 

     (c) "Commission" means a historic district commission created

 

by the legislative body of a local unit under section 4.

 


     (d) "Committee" means a historic district study committee

 

appointed by the legislative body of a local unit under section 3

 

or 14.

 

     (e) "Demolition" means the razing or destruction, whether

 

entirely or in part, of a resource and includes, but is not limited

 

to, demolition by neglect.

 

     (f) "Demolition by neglect" means neglect in maintaining,

 

repairing, or securing a resource that results in deterioration of

 

an exterior feature of the resource or the loss of structural

 

integrity of the resource.

 

     (g) "Denial" means the written rejection of a permit

 

application for work that is inappropriate and that adversely

 

affects a resource.

 

     (h) "Department" means the department of history, arts, and

 

libraries state.

 

     (i) "Fire alarm system" means a system designed to detect and

 

annunciate the presence of fire or by-products of fire. Fire alarm

 

system includes smoke alarms.

 

     (j) "Historic district" means an area, or group of areas not

 

necessarily having contiguous boundaries, that contains 1 resource

 

or a group of resources that are related by history, architecture,

 

archaeology, engineering, or culture.

 

     (k) "Historic preservation" means the identification,

 

evaluation, establishment, and protection of resources significant

 

in history, architecture, archaeology, engineering, or culture.

 

     (l) "Historic resource" means a publicly or privately owned

 

building, structure, site, object, feature, or open space that is

 


significant in the history, architecture, archaeology, engineering,

 

or culture of this state or a community within this state, or of

 

the United States.

 

     (m) "Local unit" means a county, city, village, or township.

 

     (n) "Notice to proceed" means the written permission to issue

 

a permit for work that is inappropriate and that adversely affects

 

a resource, pursuant to a finding under section 5(6).

 

     (o) "Open space" means undeveloped land, a naturally

 

landscaped area, or a formal or man-made landscaped area that

 

provides a connective link or a buffer between other resources.

 

     (p) "Ordinary maintenance" means keeping a resource unimpaired

 

and in good condition through ongoing minor intervention,

 

undertaken from time to time, in its exterior condition. Ordinary

 

maintenance does not change the external appearance of the resource

 

except through the elimination of the usual and expected effects of

 

weathering. Ordinary maintenance does not constitute work for

 

purposes of this act.

 

     (q) "Proposed historic district" means an area, or group of

 

areas not necessarily having contiguous boundaries, that has

 

delineated boundaries and that is under review by a committee or a

 

standing committee for the purpose of making a recommendation as to

 

whether it should be established as a historic district or added to

 

an established historic district.

 

     (r) "Repair" means to restore a decayed or damaged resource to

 

a good or sound condition by any process. A repair that changes the

 

external appearance of a resource constitutes work for purposes of

 

this act.

 


     (s) "Resource" means 1 or more publicly or privately owned

 

historic or nonhistoric buildings, structures, sites, objects,

 

features, or open spaces located within a historic district.

 

     (t) "Smoke alarm" means a single-station or multiple-station

 

alarm responsive to smoke and not connected to a system. As used in

 

this subdivision, "single-station alarm" means an assembly

 

incorporating a detector, the control equipment, and the alarm

 

sounding device into a single unit, operated from a power supply

 

either in the unit or obtained at the point of installation.

 

"Multiple-station alarm" means 2 or more single-station alarms that

 

are capable of interconnection such that actuation of 1 alarm

 

causes all integrated separate audible alarms to operate.

 

     (u) "Standing committee" means a permanent body established by

 

the legislative body of a local unit under section 14 to conduct

 

the activities of a historic district study committee on a

 

continuing basis.

 

     (v) "Work" means construction, addition, alteration, repair,

 

moving, excavation, or demolition.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 503                                    

 

          of the 95th Legislature is enacted into law.

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