SB-0040, As Passed Senate, October 20, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 40

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 2130, 2134, 2135, 2154, and 51106 (MCL

 

324.2130, 324.2134, 324.2135, 324.2154, and 324.51106), sections

 

2130, 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. 2130. As used in this subpart:

 

     (a) "Board" means the Michigan natural resources trust fund

 

board established in part 19.

 

     (b) "Fund" means the land exchange facilitation and management

 

fund created in section 2134.

 

     (c) "Land" includes lands, tenements, and real estate and

 


rights to and interests in lands, tenements, and real estate.

 

     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 development projects.

 

     (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 $1.25 per acre of commercial forest in the county. :

 

     (a) Until December 31, 2011, $1.20 per acre.

 

     (b) Beginning January 1, 2012 2017 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.

 

     (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 Senate Bill No. 39 of the 98th Legislature is enacted into

 

law.