Act No. 118

Public Acts of 2011

Approved by the Governor

July 20, 2011

Filed with the Secretary of State

July 20, 2011

EFFECTIVE DATE: July 20, 2011

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2011

Introduced by Reps. Foster, Haveman, McMillin, Kowall, MacMaster, Cotter, Rendon, Opsommer, Wayne Schmidt, Gilbert, Heise, Haugh, Huuki, Crawford, Pettalia, Rogers, Damrow, Bumstead, O’Brien, McBroom, Horn, Jacobsen, Nesbitt, Tyler, Glardon, Price, Ouimet, Lyons, Liss, Hughes, Lindberg, Pscholka, Daley, Kandrevas, Scott, Potvin, Knollenberg and Lund

ENROLLED HOUSE BILL No. 4579

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 2154 (MCL 324.2154), as amended by 2010 PA 31.

The People of the State of Michigan enact:

Sec. 2154. (1) The treasurer or other officer charged with the collection of taxes for an assessing district shall annually forward a single statement of the assessment of all property for which payment is claimed under this subpart to the respective county by December 1. The statement shall include an itemization of the valuation and assessment for each individual parcel for which payment is claimed under this subpart. The county shall annually forward the statements received from all affected assessing districts in the county to the Lansing office of the department by December 15. The Lansing office of the department shall review each statement. Subject to subsection (2), if the assessment has been determined according to this subpart, the department shall authorize the state treasurer to pay the amount of the assessment by warrant on the state treasury. The state treasurer shall annually forward a separate payment in the amount of the assessment to each affected assessing district in the county by February 14.

(2) For payments made before 2012, the aggregate amount for all payments to all assessing districts under section 2153 shall be charged as follows:

(a) That portion of the payment that represents an assessment by a local school district, intermediate school district, or community college district shall be charged against the state school aid fund established in section 11 of article IX of the state constitution of 1963.

(b) The balance of any payment remaining after the charge made in subdivision (a) shall be charged as follows:

(i) Not more than 50% from restricted revenue sources of the department of natural resources.

(ii) The remaining balance after the charge under subparagraph (i), from the general fund.

(3) For payments made after 2011, the aggregate amount for all payments to all assessing districts under section 2153 shall be charged as follows:

(a) If property for which payment is claimed was not purchased with funds from the Michigan natural resources trust fund, payments shall be charged as follows:

(i) That portion of the payment that represents an assessment by a local school district, intermediate school district, or community college district shall be charged against the state school aid fund established in section 11 of article IX of the state constitution of 1963.

(ii) The balance of any payment remaining after the charge made in subparagraph (i) shall be charged as follows:

(A) Not more than 50% from restricted revenue sources of the department of natural resources.

(B) The remaining balance after the charge under sub-subparagraph (A), from the general fund.

(b) If the property for which payment is claimed was purchased with funds from the Michigan natural resources trust fund, that portion of the payment that represents an assessment by a local school district, intermediate school district, or community college district shall be charged against the Michigan natural resources trust fund and the balance of any payment remaining after that charge shall be charged against the Michigan natural resources trust fund.

(4) If the amount available for payment to all local assessing districts from the general fund or from any restricted fund is less than the amount required for payment to all local assessing districts from the general fund or from any restricted fund, the amount available for payment to each local assessing district shall be distributed in the same proportion from the general fund or from any restricted fund that the required payment to that local assessing district is to the total of all required payments from the general fund or from any restricted fund. Partial payments charged against the Michigan natural resources trust fund under subsection (3) do not satisfy payments obligated by this state.

(5) As used in this section, “Michigan natural resources trust fund” means the Michigan natural resources trust fund established in section 35 of article IX of the state constitution of 1963 and provided for in section 1902.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor