Act No. 489

Public Acts of 2004

Approved by the Governor

December 27, 2004

Filed with the Secretary of State

December 28, 2004

EFFECTIVE DATE: December 28, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Kuipers, Sikkema, Hammerstrom, Bishop, Garcia, Van Woerkom, Allen, Cassis, George, Sanborn, Gilbert, Patterson, Cropsey, Brown, McManus, Jelinek, Hardiman, Stamas, Birkholz and Goschka

ENROLLED SENATE BILL No. 1317

AN ACT to create the Ronald Wilson Reagan memorial monument fund commission to govern the Ronald Wilson Reagan memorial monument fund; to prescribe the powers and duties of the commission and certain state departments and officers; to provide for penalties; and to provide for dissolution of the commission.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the "Ronald Wilson Reagan memorial monument fund commission act".

Sec. 2. As used in this act:

(a) "Commission" means the Ronald Wilson Reagan memorial monument fund commission created in section 3.

(b) "Monument fund" means the Ronald Wilson Reagan memorial monument fund created in the Ronald Wilson Reagan memorial monument fund act.

Sec. 3. (1) The Ronald Wilson Reagan memorial monument fund commission is created in the department of management and budget. The commission is the governing body of the monument fund. The commission shall consist of all of the following:

(a) The state treasurer or his or her designee.

(b) The attorney general or his or her designee.

(c) The secretary of state or his or her designee.

(d) Seven members appointed by the governor as follows:

(i) Two members selected by the governor.

(ii) Two members recommended by the senate majority leader.

(iii) Two members recommended by the speaker of the house of representatives.

(iv) One member recommended by the Ronald Reagan presidential foundation.

(2) Members of the commission shall serve for terms of 4 years or until a successor is appointed, whichever is later. If a vacancy occurs on the commission, the vacancy shall be filled in the same manner as the original appointment.

(3) The commission shall initially convene within 6 months after the first deposit of money in the monument fund. The commission shall meet often enough to expedite the completion of the monument as prescribed in section 4. A majority of the members of the commission constitute a quorum for conducting business.

(4) The commission shall conduct its business at public meetings held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 4. The commission shall oversee the financing, design, site location, and construction of a memorial monument dedicated to President Ronald Wilson Reagan. The commission shall solicit designs for the monument and shall select the final design.

Sec. 5. (1) The commission may accept on behalf of the monument fund grants or gifts from the federal government, an individual, a public or private corporation, organization, or foundation, or any other source. The acceptance and use of federal funds by the commission does not commit state money and does not obligate the legislature to continue the purposes for which federal money is made available. The commission shall transmit money received under this section to the state treasurer for deposit in the monument fund.

(2) A person shall not solicit or collect money for the monument fund through the use of telemarketing.

(3) A person shall not conduct any fund-raising activities in the name of the Ronald Wilson Reagan memorial monument fund without prior written approval from the Ronald Wilson Reagan memorial monument fund commission.

(4) A person shall not use the name or logo of the Ronald Wilson Reagan memorial monument fund or commission in any fund-raising activity without prior written approval of the commission.

(5) A person who violates subsection (2), (3), or (4) is guilty of a misdemeanor for each separate violation, punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

Sec. 6. After the completion of construction of the monument pursuant to section 4 and payment of all amounts due in connection with the monument, the commission is dissolved.

Enacting section 1. This act does not take effect unless House Bill No. 6033 of the 92nd Legislature is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor