HOUSE BILL No. 4790


     May 17, 2001, Introduced by Reps. Shulman and LaSata and referred to the Committee on Appropriations.


        A bill to amend 1984 PA 431, entitled

   "The management and budget act,"

   by amending section 353c (MCL 18.1353c), as added by 1995 PA

   195.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 353c.  (1) For the fiscal year ending September 30,

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      1995 only, there is appropriated from the fund to the general

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      fund the sum of $59,500,000.00 to be used to pay the court set-

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      tlement amount for the department of natural resources in the

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      matter of Miller Brothers, et al v State of Michigan, et al

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      (Court of Claims docket no. 88-11848-CM).

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           (2) For the fiscal year ending September 30, 1995 only,

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      there is appropriated from the fund to the general fund the sum

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      of $875,000.00 to be used to pay the court settlement liquidated

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      damages for the department of natural resources in the matter of


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      Miller Brothers, et al v State of Michigan, et al (Court of

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      Claims docket no. 88-11848-CM).

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           (3) For the fiscal year ending September 30, 1995 only,

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      there is appropriated from the fund to the general fund the sum

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      of $30,000,000.00 to be used to pay the court settlement and pur-

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      chase mineral rights for the department of natural resources in

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      the matter of Carnagel Oil Associates, et al v State of Michigan,

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      et al (Court of Claims docket no. 88-11848-CC).

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           (4) For the fiscal year ending September 30, 1995 only,

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      there is appropriated to the department of natural resources from

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      the general fund $59,500,000.00.  This appropriation may only be

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      used to pay the court settlement associated with the matter of

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      Miller Brothers, et al v State of Michigan, et al (Court of

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      Claims docket no. 88-11848-CM).

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           (5) For the fiscal year ending September 30, 1995 only,

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      there is appropriated to the department of natural resources from

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      the general fund $875,000.00.  This appropriation may only be

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      used to pay the court settlement liquidated damages associated

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      with the matter of Miller Brothers, et al v State of Michigan, et

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      al (Court of Claims docket no. 88-11848-CM).

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           (6) For the fiscal year ending September 30, 1995 only,

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      there is appropriated to the department of natural resources from

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      the general fund $30,000,000.00.  This appropriation may only be

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      used to pay the court settlement and purchase mineral rights

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      associated with the matter of Carnagel Oil Associates, et al v

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      State of Michigan, et al (Court of Claims docket





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      no. 88-11848-CC).  The payment authorized under this subsection

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      shall be made on or before November 30, 1995.

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           (7) It is the intent of the legislature that money appropri-

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      ated from the fund to pay the court settlement and liquidated

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      damages associated with the matter of Miller Brothers, et al v

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      State of Michigan, et al (Court of Claims docket no. 88-11848-CM)

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      be repaid to the fund from the Michigan strategic fund created in

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      the Michigan strategic fund act,  Act No. 270 of the Public Acts

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      of 1984, being sections 125.2001 to 125.2093 of the Michigan

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      Compiled Laws.  1984 PA 270, MCL 125.2001 TO 125.2093.

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           (8) It is the intent of the legislature that money appropri-

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      ated from the fund to pay the court settlement and purchase min-

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      eral rights associated with the matter of Carnagel Oil

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      Associates, et al v State of Michigan, et al (Court of Claims

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      docket no. 88-11848-CC) be repaid to the fund from the Michigan

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      strategic fund created in  Act No. 270 of the Public Acts of

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      1984  THE MICHIGAN STRATEGIC FUND ACT, 1984 PA 270, MCL 125.2001

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      TO 125.2093.

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           (9) Following  the effective date of this section  NOVEMBER

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      13, 1995, if the recipient of the $59,500,000.00 appropriation

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      pursuant to subsections (1) and (4) obtains, by lease, purchase,

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      or otherwise, the mineral rights for the real property that was

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      the subject of the court settlement referenced in this section,

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      the state shall seek repayment of that portion of the

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      $59,500,000.00 settlement that was not attributed to the cost of

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      the initial lease or to lawfully accrued interest.





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           (10) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001 ONLY,

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      THERE IS APPROPRIATED FROM THE FUND TO THE GENERAL FUND THE SUM

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      OF $71,300,000.00 TO BE USED TO PAY 1-TIME ITEMS INCLUDED IN THE

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      FISCAL YEAR 2000-2001 SUPPLEMENTAL APPROPRIATION BILL.

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           (11) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2001 ONLY, THE

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      STATE BUDGET DIRECTOR, BEFORE THE FINAL ACCOUNTING OF STATE REVE-

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      NUES AND EXPENDITURES IS COMPLETED, SHALL CALCULATE THE AMOUNT OF

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      FUNDS THAT WILL BE NECESSARY TO ENSURE A ZERO BALANCE IN THE GEN-

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      ERAL FUND/GENERAL PURPOSE STATE BUDGET AT BOOKCLOSING.  THIS CAL-

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      CULATION SHALL BE MADE NOT COUNTING ANY NET GENERAL FUND/GENERAL

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      PURPOSE APPROPRIATION LAPSES THAT OCCUR WHEN THE FINAL ACCOUNTING

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      OF STATE EXPENDITURES IS COMPLETED.  THE STATE BUDGET DIRECTOR

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      SHALL PROVIDE A REPORT TO THE HOUSE AND SENATE APPROPRIATIONS

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      COMMITTEES AND THE HOUSE AND SENATE FISCAL AGENCIES OF THIS CAL-

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      CULATION AS SOON AS IT IS COMPLETED.  BASED ON THIS CALCULATION,

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      THERE IS APPROPRIATED FROM THE FUND TO THE GENERAL FUND THE

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      AMOUNT CALCULATED BY THE STATE BUDGET DIRECTOR.























   04455'01          Final page.                            JLB