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.