SB-0931, As Passed House, December 21, 2018
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 931
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 74119 (MCL 324.74119), as amended by 2002 PA
54.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74119. (1) In accordance with section 35a of article IX
of the state constitution of 1963, the Michigan state parks
endowment fund is created within the state treasury. The Michigan
state parks endowment fund may be referred to as the Genevieve
Gillette state parks endowment fund.
(2) The state treasurer may receive money or other assets from
any source for deposit into the endowment fund. The state treasurer
shall direct the investment of the endowment fund. The state
treasurer shall have the same authority to invest the assets of the
endowment fund as is granted to an investment fiduciary under the
public employee retirement system investment act, 1965 PA 314, MCL
38.1132
to 38.1140l. 38.1141. The
state treasurer shall credit to
the endowment fund interest and earnings from endowment fund
investments.
(3) Money in the endowment fund at the close of the fiscal
year shall remain in the endowment fund and shall not lapse to the
general fund.
(4) The accumulated principal of the endowment fund shall not
exceed $800,000,000.00, which amount shall be annually adjusted
pursuant
to the Detroit consumer price index—all Consumer Price
Index—all items beginning when the endowment fund reaches
$800,000,000.00. This annually adjusted figure is the accumulated
principal limit of the endowment fund.
(5) Money in the endowment fund shall be expended for
operations,
maintenance, and capital all
of the following:
(a)
Capital improvements at Michigan state
parks. and for the
acquisition
(b) Operations and maintenance at Michigan state parks.
(c) Acquisition of land or rights in land for Michigan state
parks.
(d) Administration of the endowment fund.
(6) Not less than 20% of the money made available for
expenditure from the endowment fund from any state fiscal year
shall be expended under subsection (5)(a) for capital improvements
at Michigan State Parks.
(7) (6)
Money in the endowment fund shall
be expended as
follows:
(a) 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% of the money received under section
35 of article IX of the state constitution of 1963 plus interest
and earnings and any private contributions or other revenue to the
endowment fund.
(b) 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 shall be expended.
(8) (7)
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.
(9) (8)
The department shall annually
prepare a report
containing an accounting of revenues and expenditures from the
endowment fund. This report shall identify the interest and
earnings of the endowment fund from the previous year, the
investment performance of the endowment fund during the previous
year, and the total amount of appropriations from the endowment
fund during the previous year. This report shall be provided to the
senate and house of representatives appropriations committees and
the standing committees of the senate and house of representatives
with jurisdiction over issues pertaining to natural resources and
the environment.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) Senate Bill No. 763.
(b) Senate Bill No. 932.
Enacting section 2. This amendatory act does not take effect
unless Senate Joint Resolution O of the 99th Legislature becomes a
part of the state constitution of 1963 as provided in section 1 of
article XII of the state constitution of 1963.