Act No. 185

Public Acts of 1997

Approved by the Governor

December 30, 1997

Filed with the Secretary of State

December 30, 1997

EFFECTIVE DATE: December 30, 1997

STATE OF MICHIGAN

89TH LEGISLATURE

REGULAR SESSION OF 1997

Introduced by Senator Gast

ENROLLED SENATE BILL No. 252

AN ACT to make supplemental appropriations for the department of natural resources for the fiscal year ending September 30, 1998; to provide for the acquisition of land; to provide for the development of public recreation facilities; to provide for the powers and duties of certain state agencies and officials; to make supplemental appropriations for the capital outlay and for the departments of community health and military and veterans affairs for the fiscal year ending September 30, 1997; to provide for certain advances from the general fund for the department of treasury; and to provide for the expenditure of appropriations.

The People of the State of Michigan enact:

Sec. 101. There is appropriated for the development of natural resources to supplement former appropriations for the fiscal year ending September 30, 1998, the sum of $9,815,400.00 for land acquisition and grants and $3,269,800.00 for public recreation facility development and grants as provided in section 35 of article IX of the state constitution of 1963 and part 19 (natural resources trust fund) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.1901 to 324.1910, from the following funds:

DEPARTMENT OF NATURAL RESOURCES

GROSS APPROPRIATION $ 13,085,200

Appropriated from:

Special revenue funds:

Michigan natural resources trust fund 13,085,200

State general fund/general purpose $ 0

Michigan natural resources trust fund acquisition projects (by priority):

Nordhouse Dunes settlement - parcel C, Mason County

144th Avenue land acquisition, Ottawa County (grant-in-aid to Grand Haven Charter Township) (#97-112)

Deerfield Hills natural area, Livingston County (grant-in-aid to Deerfield Township) (#97-093)

Stony Island natural area, Wayne County (#97-190)

Railroad Point - Crystal Lake, Benzie County (grant-in-aid to Benzie County) (#97-082)

Ruehs park addition, Kent County (grant-in-aid to Kent County) (#97-121)

Cheboygan-Gaylord trail corridor - phase I, Cheboygan and Otsego Counties (#97-184)

Suarez Woods park expansion, Oakland County (grant-in-aid to City of Madison Heights) (#97-032)

Davis property - Beaver Island, Charlevoix County (#97-188)

Lookout park expansion, Berrien County (grant-in-aid to City of St. Joseph) (#97-111)

Grass River natural area land protection, Antrim County (grant-in-aid to Antrim County) (#97-170)

Belle River park, St. Clair County (grant-in-aid to China Township) (#97-157)

Water Tower park expansion, Menominee County (grant-in-aid to City of Menominee) (#97-041)

Michigan natural resources trust fund development projects (by priority):

River Trail Moores park - Elm Street, Ingham County (grant-in-aid to City of Lansing) (#97-027)

Riverwalk, Allegan County (grant-in-aid to City of Plainwell) (#97-040)

Waterfront trailway, Mecosta County (grant-in-aid to City of Big Rapids) (#97-178)

Rogue River - overlook/fishing improvements, Kent County (grant-in-aid to City of Rockford) (#97-098)

DNR state fair exhibit development, Wayne County (#97-183)

Ionia grand rivertrail, Ionia County (grant-in-aid to City of Ionia) (#97-026)

Maple Beach park, Muskegon County (grant-in-aid to City of Montague) (#97-129)

Dock and parking improvement, Houghton County (grant-in-aid to Village of Lake Linden) (#97-016)

Rivertrail construction, Ogemaw County (grant-in-aid to City of West Branch) (#97-069)

Bikeway/walkway rail trail, Tuscola County (grant-in-aid to City of Vassar) (#97-084)

Bluegill bike path extension, Genesee County (grant-in-aid to Genesee County) (#97-045)

Emerick park project, Montmorency County (grant-in-aid to Village of Hillman) (#97-048)

Sixth Street waterfront, Keweenaw County (grant-in-aid to Grant Township) (#97-109)

Palmer park renovation, Kent County (grant-in-aid to Kent County) (#97-122)

White Pine trail state park (Big Rapids to Reed City), Mecosta County (#97-193)

Ludington park bike path/walkway project, Delta County (grant-in-aid to City of Escanaba) (#97-088)

Lakeshore park improvements, Houghton County (grant-in-aid to Calumet Township) (#97-096)

Sec. 102. There is appropriated for capital outlay and the departments of community health and military and veterans affairs for the fiscal year ending September 30, 1997, from the following funds:

CAPITAL OUTLAY

GROSS APPROPRIATION $ 750,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 750,000

Total federal revenues 750,000

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 0

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

Purchase hangar building - Grand Ledge Abrams Municipal Airport $ 750,000


GROSS APPROPRIATION $ 750,000

Appropriated from:

Federal revenues:

DOD, department of the army, national guard bureau 750,000

Special revenue funds:

State general fund/general purpose $ 0

DEPARTMENT OF COMMUNITY HEALTH

APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 2,000,000

ADJUSTED GROSS APPROPRIATION $ 2,000,000

State general fund/general purpose $ 2,000,000

HEALTH SYSTEMS LOCAL GRANTS

State/local cost sharing $ 2,000,000


GROSS APPROPRIATION $ 2,000,000

Appropriated from:

State general fund/general purpose $ 2,000,000

DEPARTMENT OF MILITARY AND VETERANS AFFAIRS

GROSS APPROPRIATION $ 2,400,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $ 2,400,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 2,400,000

MILITARY TRAINING SITES AND SUPPORT FACILITIES

Enlisted per diem payments $ 2,400,000


GROSS APPROPRIATION $ 2,400,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 2,400,000

GENERAL SECTIONS FOR FISCAL YEAR 1997-98

Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state sources for the fiscal year ending September 30, 1998, is $13,085,200.00 and state appropriations to be paid to local units of government in section 101 are as follows:

Grant-in-aid acquisition projects $ 5,155,900.00

144th Avenue land acquisition, Ottawa County

Deerfield Hills natural area, Livingston County

Railroad Point - Crystal Lake, Benzie County

Ruehs park addition, Kent County

Suarez Woods park expansion, Oakland County

Lookout park expansion, Berrien County

Grass River natural area land protection, Antrim County

Belle River park, St. Clair County

Water Tower park expansion, Menominee County

Grant-in-aid development projects $ 2,269,800.00

River Trail Moores park - Elm Street, Ingham County

Riverwalk, Allegan County

Waterfront trailway, Mecosta County

Rogue River overlook/fishing improvements, Kent County

Ionia grand rivertrail, Ionia County

Maple Beach park, Muskegon County

Dock and parking improvement, Houghton County

Rivertrail construction, Ogemaw County

Bikeway/walkway rail trail, Tuscola County

Bluegill bike path extension, Genesee County

Emerick park project, Montmorency County

Sixth Street waterfront, Keweenaw County

Palmer park renovation, Kent County

Ludington park bike path/walkway project, Delta County

Lakeshore park improvements, Houghton County

DEPARTMENT OF NATURAL RESOURCES

Sec. 301. The department of natural resources shall enter into agreements with local units of government for the purpose of administering the grants identified in section 101. Among other provisions, the agreements shall require that grant recipients agree to dedicate to public recreation uses in perpetuity the land acquired; to replace lands converted or lost to other than public recreation use; and to convey to the state any mineral interests acquired by the grant recipient with an exception allowed for a share of the mineral interests acquired, which share is based on the portion of the fair market value of the property that was provided by the local cash contribution of the grant recipient. The agreement shall also provide the full payments of grants be made only after proof of acquisition is submitted by the grant recipient and all costs are verified by the department of natural resources.

Sec. 302. The department of natural resources shall take steps necessary to make available federal or other funds that may become available for the purpose for which appropriations are made in section 101, and to use any or all of the appropriations to meet matching requirements which are determined to be in the best interest of the state.

Sec. 303. Any unobligated balance in any appropriation made under section 101 shall not revert to the fund from which appropriated at the close of the fiscal year, but shall continue until the purpose for which it was appropriated is completed for a period not to exceed 3 fiscal years. The unexpended balance of any appropriation made in section 101 remaining after the purpose for which it was appropriated is completed shall revert to the Michigan natural resources trust fund and be made available for appropriation.

Sec. 304. If a person or organization has acquired an option on a parcel of property prior to final determination by the department of natural resources and the Michigan natural resources trust fund board, the property shall not be considered for acquisition unless the department and board can demonstrate that a clear recreational advantage exists in obtaining the parcel of property for the people of the state at a reasonable fair market value.

GENERAL SECTIONS FOR FISCAL YEAR 1996-97

Sec. 1201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state sources for the fiscal year ending September 30, 1997, is $4,400,000.00 and state appropriations to be paid to local units of government in section 102 are $0.

CAPITAL OUTLAY

Sec. 1301. From the funds appropriated in section 101 of 1996 PA 363, the department of military and veterans affairs is authorized to purchase that parcel of land on which the hangar facility is located at the Grand Ledge Abrams municipal airport.

TREASURY

Sec. 1401. (1) Funds appropriated in section 4b(1) of 1997 PA 69, for casino gaming, Michigan gaming control board, and casino gaming control administration shall be financed entirely by the state casino gaming fund if sufficient funds are available in the state casino gaming fund. If sufficient funds are not available in the state casino gaming fund, the director of the department of management and budget may make advances from the general fund to fully fund these appropriations in amounts not to exceed those in section 4b(1) of 1997 PA 69.

(2) Any general fund advances made for casino gaming, Michigan gaming control board, or casino gaming control administration in the fiscal year ending September 30, 1997 shall be reimbursed from the state casino gaming fund with interest in an amount and manner consistent with the operating practices of this state's common cash fund.

(3) If general fund advances are made under subsection (1), funds subsequently received in the state casino gaming fund shall be used first to reimburse the general fund before any additional appropriations are made for casino gaming, Michigan gaming control board, or casino gaming control administration.

This act is ordered to take immediate effect.

Secretary of the Senate.

Clerk of the House of Representatives.

Approved

Governor.