SB-0931, As Passed Senate, May 16, 2018

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 Until December 31, 2019, money in the endowment fund

 

shall be expended for operations, maintenance, and capital

 

improvements at Michigan state parks and for the acquisition of

 

land or rights in land for Michigan state parks.

 

     (6) Money in the endowment fund shall be expended as follows:

 

     (6) (a) Until the endowment fund reaches an accumulated

 

principal of $800,000,000.00, Until December 31, 2019, 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.

 

     (7) Beginning January 1, 2020, money in the endowment fund

 

shall be expended for the following:

 

     (a) Operations, maintenance, and capital improvements at

 

Michigan state parks and for the acquisition of land or rights in

 

land for Michigan state parks.

 

     (b) Local public recreation projects conducted by local units

 

of government and public authorities that provide for the

 

following:

 

     (i) The development, renovation, and redevelopment of

 

motorized and nonmotorized trails and related infrastructure.

 

     (ii) The development, renovation, and redevelopment of local

 

public recreation facilities. However, not more than 25% of the

 

total expenditures under this subparagraph may be expended for the

 

prevention of aquatic invasive species and the 1-time control of

 

aquatic invasive species conducted in conjunction with local public

 

recreation projects.

 

     (c) The administration of the endowment fund.

 

     (8) Beginning January 1, 2020 and until the endowment fund

 

reaches an accumulative principal of $800,000,000.00, an

 

expenditure from the endowment fund may be made in the form of a

 

grant to a local unit of government or public authority, subject to

 

all of the following conditions:

 

     (a) The grant is used for a local public recreation project


described in subsection (7)(b).

 

     (b) The grant is matched by the local unit of government or

 

public authority with at least 25% of the total cost of the

 

project.

 

     (9) Beginning January 1, 2020 and until the endowment fund

 

reaches an accumulated principal of $800,000,000.00, each state

 

fiscal year the legislature shall allocate the money received under

 

section 35 of article IX of the state constitution of 1963 as

 

follows:

 

     (a) Thirty percent shall be retained by the endowment fund and

 

credited to the accumulated principal of the endowment fund.

 

     (b) Fifty-five percent shall be made available for expenditure

 

for operations, maintenance, and capital improvements at Michigan

 

state parks and the acquisition of land and rights in land for

 

Michigan state parks.

 

     (c) Fifteen percent shall be made available for expenditure

 

for local public recreation projects authorized by this section.

 

     (10) Beginning January 1, 2020 and until the endowment fund

 

reaches an accumulated principal of $800,000,000.00, the

 

legislature may appropriate the money made available for

 

expenditure under subsection (9) plus interest and earnings and any

 

private contributions or other revenue received by the endowment

 

fund.

 

     (11) Once the accumulated principal in the endowment fund

 

reaches $800,000,000.00, only the interest and earnings of the

 

endowment fund and any private contributions or other revenue

 

received by the endowment fund in excess of the amount necessary to


maintain the endowment fund's accumulated principal limit shall be

 

expended for the following:

 

     (a) Operations, maintenance, and capital improvements at

 

Michigan state parks and for the acquisition of land or rights in

 

land for Michigan state parks.

 

     (b) The administration of the endowment fund.

 

     (12) (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.

 

     (13) (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.