SB-1044, As Passed Senate, March 22, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1044

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 76702 (MCL 324.76702), as added by 1995 PA 58.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 76702. The Mackinac Island state park commission  is

authorized and empowered  may, in addition to the powers already

conferred on it by law,  to exercise the following powers:  ,

rights, and privileges:

     (a) To acquire, construct,  develop,  improve,  better,

extend, repair, maintain, restore, equip, furnish, use, and

operate all property, real or personal, necessary or convenient to

the exercise of the powers  , rights, privileges, and functions  or

the performance of the duties conferred upon it by law,  and this

part  including, but not limited to,  the power to acquire,

construct, develop, improve, better, extend, restore, reconstruct,

renovate, refurbish, repair, equip, furnish, maintain, use, and

operate, and to provide landscaping, driveways, streets, and

walkways for, buildings, structures, areas (any and all), and

facilities of all kinds  property that in the judgment of the

commission will increase the beauty and utility of the state park

facilities and provide recreational, historical, or other

facilities for the benefit and enjoyment of the public  , or that

are necessary or convenient to the exercise of the powers of the

commission  and landscaping, driveways, streets, or walkways for

such property.

     (b) To employ consulting architects, engineers, museum

technicians, landscape architects, supervisors, managers, lawyers,

fiscal agents, and other agents and employees as it considers

necessary, and to establish their compensation.

     (c) To enlist the guidance, assistance, and cooperation of the

Michigan historical commission.

     (d) To establish charges for admission to the facilities under

its jurisdiction, to establish other charges for the use of any

facilities, including fees or charges to be imposed on

concessionaires, and to charge rentals for the lease or use of any

of its facilities as the commission determines proper and as will

assure the prompt and full carrying out of all covenants contained

in the proceedings authorizing any bonds pursuant to this part.

     (e) To accept gifts, grants, and donations.

(f)  (e) To acquire, construct, develop, improve, repair,

maintain, and operate, but not to extend the runway beyond 3,600

feet, an airport or landing field on property under its

jurisdiction, and to lease to any governmental unit any real or

personal property under its jurisdiction for use as an airport or

landing field on the terms and conditions approved by the

commission and the department of management and budget. The

exercise of any power granted by this  subsection  subdivision is

subject to determination by the proper federal authority that such

exercise will not affect the title of the state to the land

involved. All rules and regulations established by any lessee shall

reflect written approval by the commission before the rules or

regulations are in effect.

     (g) To sell real or personal property that is under the

control of the commission if all of the following requirements are

met:

     (i) The property is sold for fair market value. The

determination of fair market value may take into account a

commitment by the buyer to keep the property open or accessible to

the public. Furthermore, if the property is sold to a person who

donated labor or materials for the improvement, repair,

maintenance, or restoration of the property, the price may be

reduced by an amount not greater than the portion of the fair

market value attributable to the donation of labor or materials.

     (ii) The commission determines that the property is not of

current or potential value to the purposes of the commission as set

forth in this subchapter.

     (iii) The commission determines that the sale of the property is

in the best interests of the state.

     (iv) The sale of the property is not otherwise prohibited by

law.

     (v) If the property is real property, the property is zoned

residential or commercial and is not contiguous to state park land.