Bill Text: MI SB0303 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
SB-0303, As Passed House, June 12, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 303
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
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) (2)
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
be credited to or revert lapse
to the general fund.
Sec. 2135. (1) Money from the fund shall be used by the
department only for the following purposes:
(a)
Upon the recommendation of the department and
authorization
of the board, the The purchase of land for natural
resources
management , administration, and public recreation that
has
been approved by the legislature for purchase pursuant to
section
1908.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)
If the board does not authorize or reject a recommendation
of
the department to purchase land within 60 days, the department
may
purchase the land identified in the recommendation.
(2) (3)
The report required by section 506
shall include a
summary of all the disbursements of money from the fund for the
purposes
enumerated 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)
For payments made before 2012, the aggregate amount for
all
payments to all assessing districts under section 2153 shall be
charged
as follows:
(a)
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.
(b)
The balance of any payment remaining after the charge made
in
subdivision (a) shall be charged as follows:
(i) Not more than 50% from restricted revenue sources
of the
department
of natural resources.
(ii) The remaining balance after the charge under
subparagraph
(i), from the general fund.
(2) (3)
For payments made after 2011, the 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, 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 Michigan natural resources
trust
fund and the balance of any payment remaining after that
charge
the payment shall be charged against the Michigan natural
resources trust fund.
(4)
Before 2012, if the amount available for payment to all
local
assessing districts from the general fund or from any
restricted
fund is less than the amount required for payment to all
local
assessing districts from the general fund or from any
restricted
fund, the amount available for payment to each local
assessing
district shall be distributed in the same proportion from
the
general fund or from any restricted fund that the required
payment
to that local assessing district is to the total of all
required
payments from the general fund or from any restricted
fund.
Partial payments charged against the Michigan natural
resources
trust fund under subsection (3) do not satisfy payments
obligated
by this state.
(3) (5)
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) (6)
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) On December 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. and 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 the following
for
$1.30 per acre of commercial forest in the county. :
(a)
Until December 31, 2011, $1.20 per acre.
(b)
Beginning January 1, 2012 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 ad valorem taxes collected under 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.
