Bill Text: MI SJRO | 2017-2018 | 99th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Constitutional amendments; state; Michigan natural resources trust fund and Michigan state parks endowment fund; modify allowable expenditures. Amends secs. 35 & 35a, art. IX of the state constitution.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2018-12-28 - Filed With Secretary Of State 12/27/2018 @ 1:20 Pm [SJRO Detail]

Download: Michigan-2017-SJRO-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE JOINT RESOLUTION O

 

 

January 24, 2018, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.

 

 

     A joint resolution proposing an amendment to the state

 

constitution of 1963, by amending sections 35 and 35a of article

 

IX, to provide for the use of certain revenues generated from

 

leases for the extraction of nonrenewable resources from state

 

owned lands and to modify the allowable expenditures from the

 

Michigan natural resources trust fund and the Michigan state parks

 

endowment fund.

 

     Resolved by the Senate and House of Representatives of the

 

state of Michigan, That the following amendment to the state

 

constitution of 1963, to provide for the use of certain revenues

 

generated from leases for the extraction of nonrenewable resources

 

from state owned lands and to modify the allowable expenditures

 

from the Michigan natural resources trust fund and the Michigan

 

state parks endowment fund, is proposed, agreed to, and submitted

 


to the people of the state:

 

ARTICLE IX

 

     Sec. 35. There is hereby established the Michigan natural

 

resources trust fund. The Except as otherwise provided in this

 

section, 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, except such revenues accruing

 

under leases of state owned lands acquired with money from state or

 

federal game and fish protection funds or revenues accruing from

 

lands purchased with such revenues. The trust fund may receive

 

appropriations, money, or other things of value. The assets of the

 

trust fund shall be invested as provided by law.

 

     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

 

otherwise dedicated to the trust fund that are received by the

 

state each state fiscal year shall be deposited 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 percent of the total revenues from bonuses,

 

rentals, delayed rentals, and royalties described in this section

 

otherwise dedicated to the trust fund that are received by the

 

state each state fiscal year shall be deposited into the Michigan

 

state parks endowment fund.

 

     The amount accumulated in the trust fund in any state fiscal

 

year shall not exceed $500,000,000.00, exclusive of interest and

 


earnings and amounts authorized for expenditure pursuant to this

 

section. When the accumulated principal of the trust fund reaches

 

$500,000,000.00, all revenue Until the Michigan state parks

 

endowment fund reaches an accumulated principal of $800,000,000.00,

 

the revenues from bonuses, rentals, delayed rentals, and royalties

 

described in this section that would be received by the trust fund

 

but for this limitation shall be deposited into the Michigan state

 

parks endowment fund. until the Michigan state parks endowment fund

 

reaches an accumulated principal of $800,000,000.00. When the

 

Michigan state parks endowment fund reaches an accumulated

 

principal of $800,000,000.00, all revenues from bonuses, rentals,

 

delayed rentals, and royalties described in this section shall be

 

distributed as provided by law.

 

     The accumulated principal of the trust fund shall not be

 

expended. However, the interest and earnings of the trust fund

 

shall be expended for the following:

 

     (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. , for the

 

     (b) The development of public recreation facilities, and for

 

the including the renovation and redevelopment of public recreation

 

facilities that have reached their projected depreciated life

 

expectancy.

 

     (c) The administration of the trust fund, which may include

 

payments in lieu of taxes on state owned land purchased through the

 

trust fund.

 

     The trust fund may provide grants to units of local government

 


or public authorities which shall be used for the purposes of this

 

section. The legislature shall provide that a portion of the cost

 

of a project funded by such these grants be provided by the local

 

unit of government or public authority.

 

     Until the trust fund reaches an accumulated principal of

 

$500,000,000.00, the After the Michigan state parks endowment fund

 

reaches an accumulated principal of $800,000,000.00, the

 

legislature may provide, in addition to the expenditure of interest

 

and earnings authorized by this section, that a portion, not to

 

exceed 33-1/3 50 percent, of the revenues from bonuses, rentals,

 

delayed rentals, and royalties described in this section received

 

by the trust fund during each state fiscal year may be expended

 

during subsequent state fiscal years for the purposes of this

 

section.

 

     Not less than 25 percent 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 less than 25 percent 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.

 

     The legislature shall provide by law for the establishment of

 

a trust fund board within the department of natural resources. The

 

trust fund board shall recommend the projects to be funded. The

 

board shall submit its recommendations to the governor who shall

 

submit the board's recommendations to the legislature in an

 

appropriations bill.

 

     The legislature shall provide by law for the implementation of

 


this section.

 

     Sec. 35a. There is hereby established the Michigan state parks

 

endowment fund. The endowment fund shall consist of revenues as

 

provided in section 35 of this article, and as provided by law. The

 

endowment fund may also receive private contributions of money or

 

other things of value. All money in the Genevieve Gillette state

 

parks endowment fund shall be transferred to the endowment fund.

 

The assets of the endowment fund shall be invested as provided by

 

law.

 

     The accumulated principal of the endowment fund shall not

 

exceed $800,000,000.00, which amount shall be annually adjusted

 

pursuant to the rate of inflation beginning when the endowment fund

 

reaches $800,000,000.00. This annually adjusted figure is the

 

accumulated principal limit of the endowment fund.

 

     Money available for expenditure from the endowment fund as

 

provided in this section shall be expended for operations, the

 

following:

 

     (a) Operations, maintenance, and capital improvements at

 

Michigan state parks and for the acquisition of land or rights in

 

land for Michigan state parks.

 

     (b) Local public recreation projects including 1 or more of

 

the following:

 

     (i) The development, redevelopment, and renovation of

 

motorized and nonmotorized trails and related infrastructure.

 

     (ii) The control and prevention of aquatic invasive species.

 

     (iii) The development, redevelopment, and renovation of local

 

public recreation facilities.

 


     (c) The administration of the endowment fund.

 

     The endowment fund may provide grants to units of local

 

government or public authorities for local public recreation

 

projects authorized by this section. However, not more than twenty-

 

five percent of the expenditures shall be expended for the control

 

and prevention of aquatic invasive species. The legislature shall

 

provide that a portion of the cost of a project funded by these

 

grants be provided by the local unit of government or public

 

authority.

 

     Money in the endowment fund shall be expended as follows:

 

     (1) Until the endowment fund reaches an accumulated principal

 

of $800,000,000.00, each state fiscal year the legislature may

 

appropriate not more than 50 percent of shall allocate the money

 

received under section 35 of this article plus interest and

 

earnings and any private contributions or other revenue to the

 

endowment fund .as follows:

 

     (a) Twenty-five percent shall be retained by the endowment

 

fund and credited to the accumulated principal of the endowment

 

fund.

 

     (b) Not less than fifty percent shall be made available for

 

expenditure for operations, maintenance, and capital improvements

 

at Michigan state parks and the acquisition of land and rights in

 

land for Michigan state parks.

 

     (c) Not less than twenty percent shall be made available for

 

expenditure for local public recreation projects authorized by this

 

section.

 

     (2) Once the accumulated principal in the endowment fund

 


reaches $800,000,000.00, only the interest and earnings of the

 

endowment fund in excess of the amount necessary to maintain the

 

endowment fund's accumulated principal limit may be made available

 

for expenditure. for the following:

 

     (a) Operations, maintenance, and capital improvements at

 

Michigan state parks.

 

     (b) The administration of the endowment fund.

 

     Unexpended appropriations of the endowment fund from any state

 

fiscal year as authorized by this section may be carried forward or

 

may be appropriated as determined by the legislature for purposes

 

of this section.

 

     The Michigan natural resources trust fund board established

 

pursuant to section 35 of this article shall recommend the projects

 

to be funded by the endowment fund. The board shall submit its

 

recommendations to the governor, who shall submit the board's

 

recommendations to the legislature in an appropriations bill.

 

     The legislature shall provide by law for implementation of

 

this section.

 

     Resolved further, That the foregoing amendment shall be

 

submitted to the people of the state at the next general election

 

in the manner provided by law.

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