November 6, 2013, Introduced by Senators KAHN, SCHUITMAKER, MEEKHOF, BOOHER, PAPPAGEORGE, RICHARDVILLE, ANDERSON and BIEDA and referred to the Committee on Government Operations.
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
expertise and experience in operations, maintenance, or restoration
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 this act.
(4) 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.
(5) 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.
(6) 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.
(7) 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.