STATE CAPITOL SITE & COMMISSION S.B. 665 & 666:
SUMMARY AS ENACTED
Senate Bills 665 and 666 (as enacted) PUBLIC ACTS 240 & 241 of 2013
Sponsor: Senator Roger Kahn, M.D. (S.B. 665)
Senator Randy Richardville (S.B. 666)
Senate Committee: Government Operations
House Committee: Transportation and Infrastructure
CONTENT
Senate Bill 665 enacted the "Michigan State Capitol Historic Site Act" to:
-- Establish the Michigan State Capitol Historic Site, consisting of the Capitol building and grounds.
-- Create the Michigan State Capitol Commission.
-- Require the Commission to operate and manage the State Capitol Historic Site; maintain and restore the Capitol building; establish, maintain, and operate parking facilities in the State Capitol area; and perform other duties.
-- Create the "Michigan State Capitol Historic Site Fund", which the Commission may use to carry out its responsibilities.
-- Create the "State Capitol Parking Fund", which the Commission may use to operate and maintain the State Capitol parking lot.
-- Allow the Commission to collect a fee for use of parking facilities under its control, and require the fee revenue to be credited to the State Capitol Parking Fund.
-- State legislative findings and declarations.
Senate Bill 666 amended the Legislative Council Act to:
-- Require the Council Administrator to administer compensation, benefits, and other personnel support for employees of the Michigan State Capitol Commission, and provide technical support to them.
-- Require the Michigan Capitol Committee to make recommendations to the Commission, rather than the Governor and Senate and House leaders.
-- Delete a provision under which the Committee's recommendations took effect unless rejected.
-- Provide that the Committee may not make recommendations regarding the allocation of space in the State Capitol Building or the parking lot.
The bill also repealed Section 205 of the Act, which required the Legislative Council to maintain and operate parking facilities in the Capitol area, allowed the Council to collect parking fees, and required the fees to be credited to the Legislative Council Parking Fund. The bill provides that any money in the Fund is transferred to the new State Capitol Parking Fund.
The bills took effect on March 14, 2014.
Senate Bill 665
State Capitol Historic Site
The Michigan State Capitol Historic Site consists of the State Capitol Building in Lansing and the grounds of the building bounded by Ottawa Street on the north, Allegan Street on the south, Capitol Avenue on the east, and Walnut Street on the west.
Except as otherwise provided in the Michigan State Capitol Historic Site Act, the Michigan State Capitol Historic Site is under the exclusive control of the Michigan State Capitol Commission.
Commission
The Michigan State Capitol Commission must consist of the following individuals:
-- The Secretary of the Senate.
-- The Clerk of the House of Representatives.
-- Two individuals, jointly appointed by the Secretary of the Senate and the Clerk of the House, with expertise and experience in operations, maintenance, or restoration of historic structures.
-- Two individuals appointed by the Governor, including at least one who has expertise and experience in historic preservation.
Members of the Commission will serve without compensation but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties as Commission members.
The Commission is subject to the Open Meetings Act and the Freedom of Information Act.
Commission Responsibilities
The Commission is required to operate and manage the Michigan State Capitol Historic Site, maintain and restore the State Capitol Building, and maintain and improve the grounds of the site.
The Commission must appoint an individual to manage the day-to-day operations of the site. This person will be an at-will employee and serve at the pleasure of the Commission.
The Commission also must employ staff to carry out these responsibilities and as otherwise provided by law. Commission employees will be nontenured, at-will employees. The Commission may discipline, terminate, demote, suspend, or summarily discharge an employee.
The Commission must contract with any person for purposes of procuring goods or services or otherwise carrying out its responsibilities with regard to the Michigan State Capitol Historic Site.
In addition, the Commission must make recommendations to the Governor, the Senate, and the House of Representatives regarding funding for the site, including funding from the Michigan State Capitol Historic Site Fund.
The Commission does not have authority, and may not exercise control, over the internal decisions of the Senate or the House of Representatives related to the allocation of space in the State Capitol Building or its parking lot, including legislative or staff offices. All decisions concerning space in the building and the parking lot must be made according to the rules or practices of the Senate and the House.
Michigan State Capitol Historic Site Fund
The Fund is created in the State Treasury. The State Treasurer may receive money or other assets from any source for deposit in the Fund, including private gifts, bequests, and donations. The State Treasurer must direct the Fund's investment, and credit to it interest and earnings from investments.
The Commission will be the administrator of the Fund for auditing purposes, and may spend money from the Fund to carry out its responsibilities under the Act.
Money in the Fund at the close of the fiscal year is to remain in the Fund and not lapse to the General Fund.
Parking Facilities & Fund
The Commission is required to establish, maintain, and operate parking facilities in the State Capitol area. The Commission may establish and collect a fee from State employees, State officials, and the general public using parking facilities under its control. Parking fees must be deposited with the State Treasurer and credited to the State Capitol Parking Fund.
In implementing these requirements, the Commission may provide for the assessment of penalties and fines, the removal of vehicles, and a grievance process.
The State Capitol Parking Fund is created within the State Treasury. The Commission may spend money from the Fund, upon appropriation, only for operations and maintenance of the State Capitol parking lot.
The State Treasurer may receive money or other assets from any source for deposit in the Fund. The State Treasurer must direct the Fund's investment, and credit to it interest and earnings from investments. Money in the Fund at the close of the fiscal year is to remain in the Fund and not lapse to the General Fund.
Senate Bill 666
Council Administrator Responsibilities
The Legislative Council consists of six members appointed by the Senate Majority Leader and six appointed by the Speaker of the House of Representatives. Two of the members appointed by the each leader must be members of the minority party. The Council must appoint a Council Administrator, who is the chief executive officer of all Legislative Council agencies.
The bill requires the Council Administrator, in addition to his or her other responsibilities, to do both of the following at the direction of the Michigan State Capitol Commission:
-- Administer compensation, benefits, and other personnel support for employees of the Commission.
-- Administer computer, telephone, and technical support for Commission employees.
Michigan Capitol Committee
The Michigan Capitol Committee consists of four members of the Senate appointed by the Senate Majority Leader, four members of the House appointed by the Speaker of the House, and four members appointed by the Governor from the executive branch. One of the appointed Senators and one of the appointed Representatives must from the minority party.
Previously, the Legislative Council Act required the Committee to advise and make recommendations to the Governor, the Senate Majority Leader, and the Speaker of the House regarding the restoration and preservation of the State Capitol Building and the management, operation, development, construction, renovation, maintenance, and repair of the State Capitol Building and grounds. The bill requires the Committee to make these recommendations, instead, to the Michigan State Capitol Commission.
The bill deleted a provision under which the recommendations took effect 15 days after being submitted unless they were rejected by the Governor, Senator Majority Leader, or Speaker of the House.
The Act also required the Committee to make recommendations to the Governor, Senate Majority Leader, and Speak of the House regarding the following:
-- Implementation of permanent physical changes to be made in or on the Capitol building and all physical changes to be made on the grounds.
-- Implementation of a State Capitol Building master plan.
-- Public and private financial support for the development, construction, renovation, and preservation of the State Capitol Building and grounds.
-- Selection, design, and placement of statues, memorials, trees, and plants on the grounds.
The bill requires the Committee to make these recommendations, instead, to the Michigan State Capitol Commission. The bill also refers to the grounds of the Michigan State Capitol Historic Site, rather than the Capitol building.
The bill deleted a provision that gave the Michigan Capitol Committee the powers necessary or appropriate to perform its duties and the authority to contract with the Department of Management, Budget, and Technology or any other private or public entity.
Previously, the Act provided that the Committee did not have authority over the internal decisions of the Senate or the House related to the allocation of space in the State Capitol Building and the grounds, including legislative or staff offices. Under the bill, the Committee may not make recommendations regarding the internal decisions of the Senate or the House as they relate to the allocation of space in the State Capitol Building or the State Capitol Building parking lot, including legislative and staff offices.
MCL 4.1941-4.1949 (S.B. 665) Legislative Analyst: Suzanne Lowe
4.1104a & 4.1702 (S.B. 666)
FISCAL IMPACT
Senate Bill 665
The bill will have no fiscal impact on State resources. Members of the new Commission will serve voluntarily and costs associated with reimbursing members will be minimal and absorbed through current appropriations for the Legislature and the Legislative Council. Any costs associated with renovations or restoration may be paid from additional legislative appropriations. The amount of these additional appropriations is indeterminate and will depend on the number of projects and the costs of those projects at that time.
The bill will have no fiscal impact on local government.
Senate Bill 666
The bill will have no fiscal impact on State government resources. According to the Legislative Council, the required responsibilities under the bill were already being performed by the Legislative Council and its staff. The related costs are paid for through current annual appropriations. The Council does not anticipate that the bill will result in any additional costs to it.
The bill will have no fiscal impact on local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.