0617: FLOOR SUMMARY (Date Completed: 10-13-11) - PICTURED ROCKS: JURISDICTION

PICTURED ROCKS: JURISDICTION S.B. 617 (S-1): FLOOR SUMMARY
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Senate Bill 617 (Substitute S-1 as reported)
Sponsor: Senator Tom Casperson
Committee: Natural Resources, Environment and Great Lakes

CONTENT
The bill would amend Public Act 168 of 1967, which authorized the State to convey title to and cede jurisdiction over certain land and water within the Pictured Rocks National Lakeshore (PRNL) to the United States, to do the following:

-- Authorize the Governor to cede to the U.S., upon application, concurrent legislative jurisdiction over land and water within the PRNL that had not been ceded previously, reserving to the State concurrent jurisdiction as he or she considered appropriate.
-- Prescribe the extent to which the State would reserve jurisdiction over PRNL land and water to which concurrent legislative jurisdiction was ceded to the U.S.
-- Authorize the Governor to accept the relinquishment by the U.S. of legislative jurisdiction over PRNL land.

The Act authorized the State Administrative Board to convey to the U.S. the title to certain land "within the boundaries of the shoreline zone" of the Pictured Rocks National Lakeshore, and to cede the offshore water area, for use by the U.S. Department of the Interior. Jurisdiction was ceded upon the express condition that the State would retain concurrent jurisdiction over people on the land and water area, so all civil and criminal process could be executed as if jurisdiction had not been ceded. The bill would delete the reference to land within the shoreline zone, and refer instead to land within the boundaries of the PRNL.

The State would reserve jurisdiction over land and water within the PRNL, to which legislative jurisdiction was ceded to the U.S. under the Act, as follows:

-- The State's entire legislative jurisdiction with respect to State and local taxation.
-- The State's entire legislative jurisdiction with respect to marriage, divorce, annulment, adoption, commitment of the mentally incompetent, and descent and distribution of property.
-- Concurrent or separate power to enforce the criminal law.
-- The power to execute any process, civil or criminal, issued under authority of the State.

MCL 3.451 et al. Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would result in administrative efficiencies regarding law enforcement issues. Pictured Rocks National Lakeshore includes 73,000 acres along 42 miles of Lake Superior's south shore.

Date Completed: 10-13-11 Fiscal Analyst: Bill Bowerman

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. sb617/1112