Bill Text: MI SB1238 | 2011-2012 | 96th Legislature | Chaptered
Bill Title: Natural resources; funding; Michigan natural resources trust fund; modify procedures for selection of land acquisition and development projects. Amends secs. 1902, 1905, 1907 & 1907a of 1994 PA 451 (MCL 324.1902 et seq.).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0619'12 With Immediate Effect [SB1238 Detail]
Download: Michigan-2011-SB1238-Chaptered.html
Act No. 619
Public Acts of 2012
Approved by the Governor
January 8, 2013
Filed with the Secretary of State
January 9, 2013
EFFECTIVE DATE: January 9, 2013
STATE OF MICHIGAN
96TH LEGISLATURE
REGULAR SESSION OF 2012
Introduced by Senators Booher, Casperson, Pappageorge, Jansen and Colbeck
ENROLLED SENATE BILL No. 1238
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 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 1902, 1905, 1907, and 1907a (MCL 324.1902, 324.1905, 324.1907, and 324.1907a), section 1902 as amended by 2004 PA 587, section 1905 as added by 1995 PA 60, section 1907 as amended by 2008 PA 229, and section 1907a as added by 2002 PA 52.
The People of the State of Michigan enact:
Sec. 1902. (1) In accordance with section 35 of article IX of the state constitution of 1963, the Michigan natural resources trust fund is established in the state treasury. The trust fund shall consist of all bonuses, rentals, delayed rentals, and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands. However, the trust fund shall not include bonuses, rentals, delayed rentals, and royalties collected or reserved by the state from the following sources:
(a) State owned lands acquired with money appropriated from the former game and fish protection fund or the game and fish protection account of the Michigan conservation and recreation legacy fund provided for in section 2010.
(b) State owned lands acquired with money appropriated from the subfund account created by former section 4 of former 1976 PA 204.
(c) State owned lands acquired with money appropriated from related federal funds made available to the state under the Pittman-Robertson wildlife restoration act, 16 USC 669 to 669k, or the Dingell-Johnson sport fish restoration act, 16 USC 777 to 777n.
(d) Money received by the state from net proceeds allocable to the nonconventional source production credit contained in section 45k of the internal revenue code of 1986, 26 USC 45k, as provided for in section 503.
(2) Notwithstanding subsection (1), until the trust fund reaches an accumulated principal of $500,000,000.00, $10,000,000.00 of the revenues from bonuses, rentals, delayed rentals, and royalties described in this section, but not including money received by the state from net proceeds allocable to the nonconventional source production credit contained in section 45k of the internal revenue code of 1986, 26 USC 45k, as provided for in section 503, otherwise dedicated to the trust fund that are received by the trust fund each state fiscal year shall be transferred to the state treasurer for deposit into the Michigan state parks endowment fund. However, until the trust fund reaches an accumulated principal of $500,000,000.00, in any state fiscal year, not more than 50% of the total revenues from bonuses, rentals, delayed rentals, and royalties described in this section, but not including net proceeds allocable to the nonconventional source production credit contained in section 45k of the internal revenue code of 1986, 26 USC 45k, as provided in section 503, otherwise dedicated to the trust fund that are received by the trust fund each state fiscal year shall be transferred to the Michigan state parks endowment fund. To implement this subsection, until the trust fund reaches an accumulated principal of $500,000,000.00, the department shall transfer 50% of the money received by the trust fund each month pursuant to subsection (1) to the state treasurer for deposit into the Michigan state parks endowment fund. The department shall make this transfer on the last day of each month or as soon as practicable thereafter. However, not more than a total of $10,000,000.00 shall be transferred in any state fiscal year pursuant to this subsection.
(3) The trust fund may receive appropriations, money, or other things of value.
(4) The state treasurer shall direct the investment of the trust fund. The state treasurer shall have the same authority to invest the assets of the trust fund as is granted to an investment fiduciary under the public employee retirement system investment act, 1965 PA 314, MCL 38.1132 to 38.1140m.
(5) The department shall annually prepare a report containing an accounting of revenues and expenditures from the trust fund. This report shall identify the interest and earnings of the trust fund from the previous year, the investment performance of the trust fund during the previous year, and the total amount of appropriations from the trust fund during the previous year. This report shall be provided to the senate and house of representatives appropriations committees and the standing committees of the senate and house of representatives with jurisdiction over issues pertaining to natural resources and the environment.
(6) As used in this section, “Michigan state parks endowment fund” means the Michigan state parks endowment fund established in section 35a of article IX of the state constitution of 1963 and provided for in section 74119.
Sec. 1905. (1) The Michigan natural resources trust fund board is established within the department. The board shall have the powers and duties of an agency transferred under a type I transfer pursuant to section 3 of the executive organization act of 1965, 1965 PA 380, MCL 16.103. The board shall be administered under the supervision department and the department shall offer its cooperation and aid to the board and shall provide suitable offices and equipment for the board.
(2) The board shall consist of 5 members. The members shall include the director or a member of the commission as determined by the commission, and 4 residents of the state to be appointed by the governor with the advice and consent of the senate.
(3) The terms of the appointive members shall be 4 years, except that of those first appointed, 1 shall be appointed for 1 year, 1 shall be appointed for 2 years, 1 shall be appointed for 3 years, and 1 shall be appointed for 4 years.
(4) The appointive members may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office.
(5) Vacancies on the board shall be filled for the unexpired term in the same manner as the original appointments.
(6) The board may incur expenses necessary to carry out its powers and duties under this part and shall compensate its members for actual expenses incurred in carrying out their official duties.
Sec. 1907. (1) The board shall determine which lands and rights in land within the state should be acquired and which public recreation facilities should be developed with money from the trust fund and shall submit to the legislature in January of each year a list of those lands and rights in land and those public recreation facilities that the board has determined should be acquired or developed with trust fund money, compiled in order of priority. In preparing the list under this subsection, the board shall do all of the following:
(a) Give a preference to the following:
(i) A project or acquisition that is located within a local unit of government that has adopted a resolution in support of the project or acquisition.
(ii) The acquisition of land and rights in land for recreational trails that intersect the downtown areas of cities and villages.
(b) Identify each parcel of land that is recommended for acquisition by legal description and include the estimated cost of acquisition and assessed value.
(c) Provide a scoring of each parcel of land recommended for acquisition individually.
(d) Give consideration to an acquisition that meets either or both of the following:
(i) Is located within a county that contains 50% or more privately owned land.
(ii) Allows motorized recreational use.
(2) In preparing the list of lands to be acquired or developed under subsection (1), the following apply:
(a) The board shall not include an acquisition of land on the list if the board determines that the seller was harassed, intimidated, or coerced into selling his or her land by the department, a local unit of government, or a qualified conservation organization.
(b) A project or acquisition may be named in honor or memory of an individual or organization.
(3) The list prepared under subsection (1) shall be accompanied by estimates of total costs for the proposed acquisitions and developments.
(4) The board shall supply with the list prepared under subsection (1) a statement of the guidelines used in listing and assigning the priority of these proposed acquisitions and developments.
(5) The legislature shall approve by law the lands and rights in land and the public recreation facilities to be acquired or developed each year with money from the trust fund.
(6) As used in this section, “qualified conservation organization” means that term as it is defined in section 7o of the general property tax act, 1893 PA 206, MCL 211.7o.
Sec. 1907a. (1) If within 2 years after a parcel of property that is approved for acquisition or development by the legislature has not been acquired or developed in the manner determined by the board and is not open for public use, the board shall report to the standing committees of the senate and the house of representatives with jurisdiction over issues related to natural resources and the environment on the status of the project and the reason why the property has not been purchased or developed in the manner determined by the board. The department shall post on its website a bimonthly report of project status containing information described in this subsection.
(2) Following the appropriation of money from the trust fund, if the public recreation project changes significantly, the board shall submit the changes to the joint capital outlay subcommittee of the legislature to review whether the proposed changed project is consistent with the purpose of the appropriation. As used in this subsection, “changes significantly” means changes to a project such that the project would not have been funded had the change been in place during the evaluation of the project.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
