Bill Text: MI HB4578 | 2013-2014 | 97th Legislature | Introduced


Bill Title: Natural resources; funding; distribution of revenues to the Michigan state parks endowment fund after it reaches its cap and designation of certain state recreation areas; provide for, and clarify uses of the Michigan natural resources trust fund. Amends secs. 1903 & 1904 of 1994 PA 451 (MCL 324.1903 & 324.1904) & adds sec. 74102c.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-18 - Printed Bill Filed 04/18/2013 [HB4578 Detail]

Download: Michigan-2013-HB4578-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4578

 

April 17, 2013, Introduced by Rep. Shirkey and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 1903 and 1904 (MCL 324.1903 and 324.1904),

 

section 1903 as amended by 2011 PA 117 and section 1904 as amended

 

by 2002 PA 52, and by adding section 74102c.

 

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

 

either or both of the following:


 

     (i) Recreational uses, or protection including transportation-

 

related recreational uses that primarily include, but are not

 

limited to, watercraft used for recreation, vehicles used for

 

recreation, bicycling, horse riding, off-road vehicles used for

 

recreation, hiking, trail walking, cross-country skiing, and

 

snowmobiling.

 

     (ii)Protection of the land because of its environmental

 

importance or its scenic beauty.

 

     (b) The development of public recreation facilities, including

 

road or highway rest area facilities that were designated on or

 

before January 1, 2013, as official state welcome centers or state

 

recreational tourism centers that are designed to facilitate

 

intrastate or interstate recreation and those portions of state

 

roads that are located within state parks or state recreation

 

areas.

 

     (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.

 

     (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.

 

     (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.

 

     (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).

 

     (6) As used in this section, "development of public recreation

 

facilities" means capital improvement projects for the construction

 

of recreational facilities and associated infrastructure necessary

 

or convenient for the use of or access to those recreational

 

facilities that are open to the public.

 

     Sec. 1904. The amount accumulated in the trust fund shall not

 

exceed $500,000,000.00, exclusive of interest and earnings and

 

amounts authorized for expenditure under this part. Any amount of

 

money that would be a part of the trust fund but for the limitation

 

stated in this section shall be deposited in the Michigan state

 

parks endowment fund created in section 74119, until the Michigan

 

state parks endowment fund reaches an accumulated principal of

 

$800,000,000.00. After the Michigan state parks endowment fund

 

reaches an accumulated principal of $800,000,000.00, any money that

 

would be part of the Michigan state parks endowment fund but for

 

this limitation shall be distributed as provided by law.deposited

 

into the Michigan transportation fund for use as provided in

 

section 10(1)(j) of 1951 PA 51, MCL 247.660.

 

     Sec. 74102c. The director may designate, in whole or in part,


 

1 or more of the road or highway rest areas described in section

 

1903(1)(b) as state recreation areas.

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