SENATE BILL No. 1044

 

 

February 9, 2006, Introduced by Senators ALLEN, CROPSEY, GEORGE, GOSCHKA and HARDIMAN and referred to the Committee on Natural Resources and Environmental Affairs.

 

 

 

     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. The property shall be sold for fair

 

market value. However, 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

 

being 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. The commission shall not sell property under this

 

subdivision unless the commission determines that all of the

 

following apply:

 

     (i) That the property is not of current or potential value to

 

the purposes of the commission as set forth in this subchapter.

 


     (ii) That the sale of the property is in the best interests of

 

the state.

 

     (iii) That the sale of the property is not otherwise prohibited.