Bill Text: MI SB0303 | 2017-2018 | 99th Legislature | Chaptered
Bill Title: Natural resources; funding; land exchange facilitation fund; authorize to be used for natural resources management costs. Amends secs. 2134, 2135, 2154 & 51106 of 1994 PA 451 (MCL 324.2134 et seq.). TIE BAR WITH: HB 4475'17, SB 0302'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-09-05 - Assigned Pa 0239'18 With Immediate Effect [SB0303 Detail]
Download: Michigan-2017-SB0303-Chaptered.html
Act No. 239
Public Acts of 2018
Approved by the Governor
June 27, 2018
Filed with the Secretary of State
June 27, 2018
EFFECTIVE DATE: September 25, 2018
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Senator Booher
ENROLLED SENATE BILL No. 303
AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 2134, 2135, 2154, and 51106 (MCL 324.2134, 324.2135, 324.2154, and 324.51106), sections 2134 and 2135 as added by 1995 PA 60 and sections 2154 and 51106 as amended by 2012 PA 604.
The People of the State of Michigan enact:
Sec. 2134. (1) A land exchange facilitation and management fund is created in the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) The fund shall be administered by the department and shall be used only as provided in section 2135.
(4) Any money, including interest earned by the fund, remaining in the fund at the end of a fiscal year shall be carried over in the fund to the next and succeeding fiscal years and shall not lapse to the general fund.
Sec. 2135. (1) Money from the fund shall be used by the department only for the following purposes:
(a) The purchase of land for natural resources management if the land meets the needs outlined in the strategic plan most recently approved by the legislature under section 503.
(b) The costs of advertising, appraisals, negotiations, surveys, and closings incurred by the department in the sale of surplus land.
(c) The costs of environmental assessments, appraisals, negotiations, surveys, and closings incurred by the department in the purchase of land authorized by this subpart.
(d) The costs of managing the natural resources for public recreation activities and public recreation development projects on department-managed land.
(2) The report required by section 506 shall include a summary of all the disbursements of money from the fund for the purposes listed in subsection (1).
Sec. 2154. (1) The treasurer or other officer charged with the collection of taxes for an assessing district shall annually forward a single statement of the assessment of all property for which payment is claimed under this subpart to the respective county by December 1. The statement shall include an itemization of the valuation and assessment for each individual parcel for which payment is claimed under this subpart. The county shall annually forward the statements received from all affected assessing districts in the county to the Lansing office of the department by December 15. The Lansing office of the department shall review each statement. Subject to subsection (2), if the assessment has been determined according to this subpart, the department shall authorize the state treasurer to pay the amount of the assessment by warrant on the state treasury. Beginning in 2014, if an assessing district does not submit a statement under this subsection by January 1, the amount payable to that assessing district shall be reduced by 5% for each month or portion of a month after January 1 that the statement is late. The state treasurer shall annually forward a separate payment in the amount of the assessment to each affected assessing district in the county by February 14 for any assessing district that has submitted a statement as provided in this subsection.
(2) The aggregate amount for all payments to all assessing districts under section 2153 shall be charged as follows:
(a) If property for which payment is claimed was not purchased with funds from the Michigan natural resources trust fund, payments shall be charged as follows:
(i) That portion of the payment that represents an assessment by a local school district, intermediate school district, or community college district shall be charged against the state school aid fund established in section 11 of article IX of the state constitution of 1963.
(ii) The balance of any payment remaining after the charge made in subparagraph (i) shall be charged as follows:
(A) Not more than 50% from restricted revenue sources of the department of natural resources.
(B) The remaining balance after the charge under sub-subparagraph (A), from the general fund.
(b) If the property for which payment is claimed was purchased with funds from the Michigan natural resources trust fund, the payment shall be charged against the Michigan natural resources trust fund.
(3) Beginning 2013, this state shall make payment in full to all local assessing districts under this section. Beginning 2014, if this state does not make payment in full to all local assessing districts, the delinquent amount that this state failed to pay is subject to penalty and interest as for delinquent taxes under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155.
(4) As used in this section, “Michigan natural resources trust fund” means the Michigan natural resources trust fund established in section 35 of article IX of the state constitution of 1963 and provided for in section 1902.
Sec. 51106. (1) By November 1 of each year, the department shall certify to the state treasurer the number of acres that are commercial forestlands in each county. By December 1 of each year, the state treasurer shall transmit to the treasurer of each county in which these commercial forests are located a warrant on the state treasurer for an amount equal to $1.30 per acre of commercial forest in the county. Beginning January 1, 2022 and every 5 years after that date, the amount of the annual payment under this section shall be increased by 5 cents per acre.
(2) From the payments received under subsection (1), the county treasurer of each county shall distribute an amount equal to 25 cents per acre for each acre of commercial forest in the county in the same proportions between the various funds as the ad valorem general property tax is distributed by the township treasurers in each township. Except as provided by section 51109(2), the county treasurer of each county shall distribute the remainder of the funds received under this section in the same manner and in the same proportion as the ad valorem general property tax is distributed.
(3) This state shall make payment in full to each county under this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 99th Legislature are enacted into law:
(a) Senate Bill No. 302.
(b) House Bill No. 4475.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
