Bill Text: MI HB4106 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Natural resources; funding; Michigan natural resources trust fund; dredging of Great Lakes harbors for use by recreational watercraft; clarify allowable use of funds. Amends sec. 1903 of 1994 PA 451 (MCL 324.1903).

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2013-01-29 - Printed Bill Filed 01/25/2013 [HB4106 Detail]

Download: Michigan-2013-HB4106-Introduced.html

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HOUSE BILL No. 4106

 

January 24, 2013, Introduced by Reps. Genetski, Nesbitt, Zorn, Rogers, Schmidt, Haveman, Pscholka, Pettalia, Franz, McBroom, Somerville, McMillin, Pagel, MacMaster, Foster, LaFontaine, Poleski, Lauwers, Victory, Johnson, Price, Muxlow, Forlini and Rendon and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 1903 (MCL 324.1903), as amended by 2011 PA 117.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1903. (1) Subject to the limitations of this part and of

 

section 35 of article IX of the state constitution of 1963, the

 

interest and earnings of the trust fund in any 1 state fiscal year

 

may be expended in subsequent state fiscal years only for the

 

following purposes:

 

     (a) The acquisition of land or rights in land for recreational

 

uses or protection of the land because of its environmental

 

importance or its scenic beauty.

 

     (b) The development of public recreation facilities, including

 

the dredging of Great Lakes harbors for use by recreational

 

watercraft.

 

     (c) The administration of the fund, including payments in lieu

 

of taxes on state-owned land purchased through the trust fund. The

 

legislature shall make appropriations from the trust fund each

 

state fiscal year to make full payments in lieu of taxes on state-

 

owned land purchased through the trust fund, as provided in section

 

2154.

 

     (2) In addition to the money described in subsection (1), 33-

 

1/3% of the money, exclusive of interest and earnings, received by

 

the trust fund in any state fiscal year may be expended in

 

subsequent state fiscal years for the purposes described in

 

subsection (1). However, the authorization for the expenditure of

 

money provided in this subsection does not apply after the state

 

fiscal year in which the total amount of money in the trust fund,

 

exclusive of interest and earnings and amounts authorized for

 

expenditure under this section, exceeds $500,000,000.00.

 

     (2) (3) An expenditure from the trust fund may be made in the

 

form of a grant to a local unit of government or public authority,

 

subject to all of the following conditions:

 

     (a) The grant is used for the purposes described in subsection

 

(1).

 

     (b) The grant is matched by the local unit of government or

 

public authority with at least 25% of the total cost of the

 

project. However, if the project is for the dredging of a Great

 

Lakes harbor for use by recreational watercraft, the grant shall be

 

matched by the local unit of government or public authority with at

 

least 10% of the total cost of the project.

 

     (3) (4) Not less than 25% of the total amounts made available

 

for expenditure from the trust fund from any state fiscal year

 

shall be expended for acquisition of land and rights in land, and

 

not more than 25% of the total amounts made available for

 

expenditure from the trust fund from any state fiscal year shall be

 

expended for development of public recreation facilities.

 

     (4) (5) If property that was acquired with money from the

 

trust fund is subsequently sold or transferred by the state to a

 

nongovernmental entity, the state shall forward to the state

 

treasurer for deposit into the trust fund an amount of money equal

 

to the following:

 

     (a) If the property was acquired solely with trust fund money,

 

the greatest of the following:

 

     (i) The net proceeds of the sale.

 

     (ii) The fair market value of the property at the time of the

 

sale or transfer.

 

     (iii) The amount of money that was expended from the trust fund

 

to acquire the property.

 

     (b) If the property was acquired with a combination of trust

 

fund money and other restricted funding sources governed by federal

 

or state law, an amount equal to the percentage of the funds

 

contributed by the trust fund for the acquisition of the property

 

multiplied by the greatest of the amounts under subdivision (a)(i),

 

(ii), and (iii).

 

     (5) As used in this section, "Great Lakes harbor" means a

 

harbor within or adjacent to the Great Lakes or their connecting

 

waterways.