HB-4379, As Passed House, May 25, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4379

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 30929 (MCL 324.30929), as added by 2004 PA 522.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 30929. A lake board for a public an inland lake is

dissolved if all of the following requirements are met:

     (a) The governing body of each local unit of government in

which all or part of the lake is located holds a public hearing on

the proposed dissolution, determines that the lake board is no

longer necessary for the improvement of the lake because the

reasons for the establishment of the lake board no longer exist,

and approves the dissolution of the lake board. The For a public

inland lake, the governing body of each local unit of government in

which all or part of the lake is located may hold the public

hearing on the dissolution of the lake board on its own initiative.

The For a public or private inland lake, the governing body of each

local unit of government in which all or part of the lake is

located shall hold a public hearing on the dissolution of the lake

board upon petition of at least 2/3 of the freeholders property

owners owning land abutting the lake or upon petition of the

property owners who have been assessed at least 2/3 of the cost of

the most recent improvements, excluding the amount assessed to

local units at large. Notice of the public hearing shall be

published twice in a newspaper of general circulation in each local

unit of government in which all or part of the lake is located. The

first notice shall be published not less than 10 days before the

date of the hearing.

     (b) All outstanding indebtedness and expenses of the lake

board are paid in full.

     (c) Any excess funds of the lake board are refunded based on

the last approved special assessment roll. However, if the amount

of excess funds is de minimis, the excess funds shall be

distributed to the local units of government in which all or part

of the lake is located, apportioned based on the amounts assessed

against each local unit of government and lands in that local unit

on the last approved special assessment roll.

     (d) The lake board determines that it is no longer necessary

for the improvement of the lake, because the reasons for its

establishment no longer exist, and adopts an order approving its

dissolution.