HISTORIC SITES: TRANSFER TO DHAL - H.B. 4951 (H-1): FLOOR ANALYSIS

House Bill 4951 (Substitute H-1 as reported without amendment)

Sponsor: Representative Mickey Mortimer

House Committee: Commerce

Senate Committee: Government Operations


CONTENT


The bill would amend Public Act 69 of 1976, which provides for State historic sites, to transfer functions from the Secretary of State to the Department of History, Arts, and Libraries (DHAL) (which House Bill 4941 (S-1) would create).


Specifically, the bill would permit the DHAL, instead of the Secretary of State, to do the following:


-- Acquire and maintain historic sites for use by the public.

-- Take land or rights to land in the name of the State and for the benefit of the public by purchase or gift.

-- Enter into contracts for the purchase of historic sites listed on the State Register of Historic Sites, and accept a deed upon fulfillment of the terms and conditions in a contract.


The bill also would permit the DHAL, instead of the Secretary of State, to receive and hold in trust for the State a grant or devise of land or rights in land, and a gift or bequest of money or other nonhistorical personal property made for the purposes of the Act. Currently, if money or personal property is received, it must be turned over to the State Treasurer who, upon approval of the Secretary of State, must preserve and invest the funds in securities in which banks are permitted to invest. The bill would require the State Treasurer, instead, to preserve and invest all money and property received as provided by law.


Currently, invested funds must be used and spent under the direction of the Secretary of State to carry out the purposes of the Act. Under the bill, the DHAL would direct the use and expenditure of invested funds.


The Act permits any municipality to transfer the care and control of a historic site or property suitable as a historic site to the Secretary of State. Under the bill, a municipality could transfer a site or property to the DHAL.


The bill would take effect August 6, 2001, and is tie-barred to House Bill 4941.


MCL 399.111 et al. - Legislative Analyst: G. Towne


FISCAL IMPACT


Please see FISCAL IMPACT on House Bill 4941 (S-1).


Date Completed: 7-11-01 - Fiscal Analyst: M. Tyszkiewicz

- J. Runnels



floor\hb4951 - Analysis available @ http://www.michiganlegislature.org

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.