SB-0665, As Passed House, December 11, 2013SB-0665, As Passed Senate, November 14, 2013

SUBSTITUTE FOR

SENATE BILL NO. 665

     A bill to designate the state capitol and the grounds of the

state capitol as a state historic site; and to prescribe the powers

and duties of certain state agencies and officials.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. This act shall be known and may be cited as the

"Michigan state capitol historic site act".

     Sec. 2. As used in this act:

     (a) "Commission" means the Michigan state capitol commission

established in section 5.

     (b) "Fund" means the Michigan state capitol historic site fund

created in section 7.

     (c) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

     Sec. 3. The legislature finds and declares all of the

following:

     (a) That the state capitol, which was designed by renowned

architect Elijah Myers, remains 1 of the most impressive state

capitols in the United States. Construction of the state capitol

took 6 years, from 1872 to 1878, and it was dedicated to the people

of the state of Michigan in 1879, at a cost of $1,500,000.00. From

1989 to 1992, the state capitol underwent a thorough restoration

designed to return it to its former beauty and ensure that it

continues to serve as the seat of Michigan state government. The

restoration was designed to preserve an irreplaceable piece of

Michigan history, art, and architecture, while preparing it for

another 100 years of service.

     (b) That the grounds of the state capitol contain monuments

that commemorate some of the most important events of the

nineteenth and twentieth centuries, and that serve as dramatic

reminders of the sacrifices made by many generations to preserve

the freedoms enjoyed by those in the twenty-first century,

including all of the following:

     (i) The Grand Army of the Republic Memorial, the First Michigan

Sharpshooters Monument, the Engineers Monument, and the statue of

Governor Austin Blair, which honor individuals and units involved

in the American Civil War.

     (ii) The Hiker Memorial, which recognizes veterans of the

Spanish-American War, the Philippine Insurrection, and the China

Relief Expedition.

     (iii) The Michigan Veterans Memorial, which recognizes the

contributions and sacrifices of Michigan veterans in World War I,

World War II, Korea, and Vietnam.

     (iv) The Freedom Tree, which honors all those captured and made

prisoners of war or missing in action.

     (c) That, in 1992, the state capitol was awarded a National

Preservation Honor Award from the National Trust for Historic

Preservation, the highest such award in the country, recognizing

both the challenge and the success of its magnificent restoration.

The state capitol has also been designated as a National Historic

Landmark by the National Park Service, a distinction granted only

to the most historically important and significant national sites.

     Sec. 4. (1) The Michigan state capitol historic site is

established.

     (2) The Michigan state capitol historic site 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) Except as otherwise provided in this act, the Michigan

state capitol historic site shall be under the exclusive control of

the commission.

     Sec. 5. (1) The Michigan state capitol commission is

established.

     (2) The commission shall consist of the following members:

     (a) The secretary of the senate.

     (b) The clerk of the house of representatives.

     (c) Two individuals, jointly appointed by the secretary of the

senate and the clerk of the house of representatives, who have

Senate Bill No. 665 (S-1) as amended December 10, 2013

expertise and experience in operations, maintenance, or restoration

of historic structures.

[(d) Two individuals, appointed by the governor, at least 1 of whom

 has expertise and experience in historic preservation.]

     (3) Members of the commission shall serve without

compensation. However, members of the commission may be reimbursed

for their actual and necessary expenses incurred in the performance

of their official duties as members of the commission.

     (4) A majority of the members of the commission constitute a

quorum for the transaction of business at a meeting of the

commission. An affirmative vote of a majority of the members of the

commission is required for official action of the commission.

     (5) The business that 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.

     (6) A writing prepared, owned, used, in the possession of, or

retained by the 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.

     Sec. 6. (1) The commission shall do all of the following:

     (a) Subject to subsection (2), operate and manage the Michigan

state capitol historic site.

     (b) Maintain and restore the state capitol building.

     (c) Maintain and improve the grounds of the Michigan state

capitol historic site.

     (d) Appoint an individual to manage the day-to-day operations

of the Michigan state capitol historic site. The individual

appointed under this subdivision is an at-will employee and shall

serve at the pleasure of the commission.

     (e) Employ staff to carry out the commission's

responsibilities under subsection (1) and as otherwise provided by

law. All individuals employed by the commission are nontenured, at-

will employees. The commission may discipline, transfer, demote,

suspend, or summarily discharge an employee.

     (f) Contract with any person for purposes of procuring goods

or services or otherwise carrying out the commission's

responsibilities with regard to the Michigan state capitol historic

site.

     (g) Make recommendations to the governor, the senate, and the

house of representatives regarding funding for the Michigan state

capitol historic site, including, but not limited to, funding from

the fund.

     (h) Carry out other responsibilities as provided by law.

     (2) The commission does not have authority and shall 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 the state capitol building parking lot,

including legislative or staff offices. All decisions concerning

space in the state capitol building and the state capitol building

parking lot shall be made according to the rules or practices of

the senate and the house of representatives.

     Sec. 7. (1) The Michigan state capitol historic site fund is

created within the state treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the fund, including private gifts,

bequests, and donations. The state treasurer shall direct the

investment of the fund. The state treasurer shall credit to the

fund interest and earnings from fund investments.

     (3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

     (4) The commission shall be the administrator of the fund for

auditing purposes.

(5) The commission shall expend money from the fund to carry

out its responsibilities under this act.

     Sec. 8. (1) The commission shall establish, maintain, and

operate parking facilities in the state capitol area.

     (2) The commission may establish and collect a fee from state

employees, state officials, and the general public using parking

facilities under the control of the commission.

     (3) Parking fees collected by the commission pursuant to

subsection (2) shall be deposited with the state treasurer and

credited to the state capitol parking fund created in section 9.

     (4) In implementing this section, the commission may provide

for the assessment of penalties and fines, for the removal of

vehicles, and for a grievance process.

     Sec. 9. (1) The state capitol parking fund is created within

the state treasury.

     (2) The state treasurer may receive money or other assets from

any source for deposit into the state capitol parking fund. The

state treasurer shall direct the investment of the state capitol

parking fund. The state treasurer shall credit to the state capitol

parking fund interest and earnings from fund investments.

     (3) Money in the state capitol parking fund at the close of

the fiscal year shall remain in the state capitol parking fund and

shall not lapse to the general fund.

     (4) The commission shall be the administrator of the state

capitol parking fund for auditing purposes.

     (5) The commission shall expend money from the state capitol

parking fund, upon appropriation, only for operations and

maintenance of the state capitol parking lot.