February 3, 2005, Introduced by Rep. Virgil Smith and referred to the Committee on Agriculture.
A bill to amend 1978 PA 361, entitled
"Michigan exposition and fairgrounds act,"
by amending sections 6 and 9 (MCL 285.166 and 285.169), as amended
by 2004 PA 468.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) The authority shall do all of the following:
(a) Conduct an annual state fair and other exhibits or events
for the purpose of promoting all phases of the economy of this
state. This fair and the exhibits or events shall encourage and
demonstrate agricultural, industrial, commercial, educational,
entertainment, tourism, technological, cultural, and recreational
pursuits.
(b) Lease the state exposition and fairgrounds, a portion of
the state exposition and fairgrounds, or a building on the state
exposition and fairgrounds for purposes considered by the
authority to be consistent with the staging of the state fair and
other exhibits or events. The authority may determine and impose
rental charges and other fees for the use or lease of the buildings
and grounds or a portion of the buildings and grounds. The
authority may lease properties to private and public organizations
for a period not to exceed 30 years for consideration established
by the authority. The authority may grant leases for all or a
portion of the state exposition and fairgrounds to private and
public organizations, conditional upon construction and
improvements according to plans approved by the authority to be
financed by the lessees, for terms not to exceed 30 years. The
authority may grant an extension of the lease term for not more
than an additional 20 years. The use of the state exposition and
fairgrounds, a portion of the state exposition and fairgrounds, or
a building on the state exposition and fairgrounds shall not
interfere with the preparation for or holding of the state fair and
other exhibits or events. Land, a building, or other property that
is leased under this subdivision to a for-profit business shall be
leased at fair market value. All leases and contracts entered into
under this act remain valid until the expiration of the term of the
lease or contract.
(c) Enter into contracts, subject to the requirements of the
management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, to
conduct the annual state fair, exhibits, or other events, at the
state exposition and fairgrounds that enhance agricultural,
industrial, commercial, recreational, educational, entertainment,
tourism, technological, or cultural pursuits or government services
to citizens.
(2) The authority may enter into cooperative agreements,
contracts, or other agreements with 1 or more governmental entities
to use the personnel, services, or facilities of the governmental
entity to assist the authority with carrying out its duties under
this act and as otherwise provided by law.
(3) In the time period during which the annual state fair is
not being conducted, the authority is prohibited from conducting or
allowing either of the following activities:
(a) Except as may otherwise be allowed under sections 12 and
13, gaming as defined in section 2 of the Initiated Law of 1996,
MCL 432.202, and racing and pari-mutuel wagering conducted under
the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
(b) Outdoor automobile or other motorized vehicle racing.
Sec. 9. (1) A state exposition and fairgrounds authority shall
be governed by the 11-member authority board appointed under this
section. The authority board shall consist of the following
members:
(a) The director or a designated representative as an ex
officio voting member.
(b) The director of the department of agriculture or a
designated representative as an ex officio voting member.
(c) Nine members, not more than 5 of whom shall be members of
the same political party, appointed by the governor by and with the
consent of the senate. The term of office of each member in this
subdivision shall be 3 years except that, of the members first
appointed, 3 shall serve for 1 year, 3 shall serve for 2 years, and
3 shall serve for 3 years. The former state exposition and
fairgrounds council existing before March 1, 2005 is abolished. The
governor shall appoint the 9 appointed members to serve on the
authority board, and the terms of those members shall begin on
March 1, 2005. Members of the former council are eligible for
appointment to the authority board if otherwise qualified. It is
the intent of the legislature that the members of the authority
board represent all geographic areas of the state. The 9 appointed
members shall be chosen from the following categories:
(i) Three members representing agricultural interests.
(ii) One member representing the tourism industry in Michigan.
(iii) Two members of the general public.
(iv) One member representing organized labor.
(v) One member representing the business community.
(vi) One member representing county fairs.
(2) Of the 9 appointed members meeting the criteria of the
categories described in subsection (1)(c)(i) through (vi), at least 1
member from any category shall be a resident of each of the
following:
(a) Detroit.
(b) Ferndale.
(c) Hazel Park.
(3) (2)
Upon appointment to the authority board under
subsection (1), and upon the taking and filing of the
constitutional oath of office, a member of the authority board
shall enter the office and exercise the duties of the office.
(4) (3)
Regardless of the cause of a vacancy on the
authority board, the governor shall fill a vacancy in the office of
a member of the authority board by appointment by and with the
advice and consent of the senate. A vacancy shall be filled for the
balance of the unexpired term. A member of the authority board
shall hold office until a successor has been appointed and has
qualified.
(5) (4)
Members of the authority board and officers and
employees of the authority are subject to 1968 PA 317, MCL 15.321
to 15.330. A member of the authority board or an officer, employee,
or agent of the authority board shall discharge the duties of his
or her position in a nonpartisan manner, with good faith, and with
that degree of diligence, care, and skill that an ordinarily
prudent person would exercise under similar circumstances in a like
position. In discharging his or her duties, a member of the
authority board or an officer, employee, or agent of the authority
board, when acting in good faith, may rely upon the opinion of
counsel for the authority, upon the report of an independent
appraiser selected with reasonable care by the authority board, or
upon financial statements of the authority represented to the
member of the authority board, officer, employee, or agent to be
correct by the officer of the authority having charge of its books
or account, or stated in a written report by the auditor general or
a certified public accountant or the firm of the accountants fairly
to reflect the financial condition of the authority.
(6) (5)
The authority board may adopt bylaws and policies
and procedures for conducting its business. Six members of the
authority board constitute a quorum for the transaction of
business. An action of the authority board requires a concurring
vote by 6 members of the authority board.
(7) (6)
Authority board members shall
serve without
compensation and shall receive reimbursement for actual and
necessary expenses.
(8) (7)
The governor shall designate a member of the
authority board to serve as its chairperson, who shall serve as
chairperson at the pleasure of the governor. The authority board
shall annually select other officers from its membership.
(9) (8)
The director and the director of the department of
agriculture shall not serve as officers of the authority board.
(10) (9)
The authority board shall meet not less than 4
times per year.
(11) (10)
At least 1 meeting of the authority board shall be
dedicated to soliciting input from the local neighborhood advisory
council established under section 15b, the surrounding communities,
and local units of government.