SENATE BILL No. 1326
May 15, 2002, Introduced by Senators MC MANUS, GAST and HOFFMAN and referred to the
Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2131 and 2153 (MCL 324.2131 and 324.2153),
section 2131 as amended by 2001 PA 174 and section 2153 as added
by 1995 PA 60, and by adding section 2154b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2131. (1)
Except as otherwise provided
in subsection
2 (2), the department
may designate as surplus land
any IN 2003,
3 AND AT LEAST ONCE EVERY 5 YEARS THEREAFTER, THE DEPARTMENT SHALL
4 REVIEW ALL state owned land that is under the control of the
5 department and that has been
dedicated for public
use, and may,
6 on behalf of the
state, sell that land if the
department deter-
7 mines all of the
following SHALL DESIGNATE AS
SURPLUS LANDS
8 THOSE LANDS THAT MEET THE REQUIREMENTS OF SUBSECTION (2). UPON
9 CONDUCTING THIS REVIEW, THE DEPARTMENT SHALL PREPARE A REPORT
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1 IDENTIFYING THE SURPLUS LANDS AND PRIORITIZING THE SURPLUS LANDS
2 FOR POSSIBLE SALE.
3 (2) THE DEPARTMENT SHALL DESIGNATE LAND AS SURPLUS LAND IF
4 IT MEETS ALL OF THE FOLLOWING REQUIREMENTS:
5 (a) That the sale
THE SALE OF THE LAND will
not diminish
6 the quality or utility of other state owned land.
7 (b) That the sale
THE SALE OF THE LAND is
not otherwise
8 restricted by law.
9 (c) That the sale
THE SALE OF THE LAND is in
the best
10 interests of the state.
11 (d) That 1
ONE or both of the following
conditions are
12 met:
13 (i) The land has been dedicated for public use for not less
14 than THE IMMEDIATELY
PRECEDING 5 years immediately
preceding its
15 sale
and is not needed to meet a department
objective.
16 (ii) The land is occupied for a private use through inadver-
17 tent trespass.
18 (3) (2)
The department shall not authorize
the sale of
19 surplus land as
provided in subsection (1) if the
proceeds from
20 the sale of the land will cause the fund to exceed
21 $2,500,000.00.
22 Sec. 2153. (1) The valuation of lands described in section
23 2152, for the purposes of this subpart, shall be fixed by the
24 state tax commission on or before February 1 of each year, and
25 the state tax commission shall, on or before February 15 of each
26 year, make a report to THE DEPARTMENT AND TO THE ASSESSING
27 OFFICERS OF the assessing districts of the state in which the
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1 lands are located, giving a description of the land in the
2 assessing district held by the state with the valuation as fixed
3 by the state tax commission.
The state tax
commission shall
4 furnish a value to
the assessing officers that
5 (2) FOR LAND INCLUDED IN THE STATE TAX COMMISSION'S 2002
6 VALUATION OF LANDS UNDER THIS SECTION, THE COMMISSION'S VALUATION
7 EACH YEAR SHALL BE EQUAL TO THE VALUATION, INCLUDING ANY ADJUST-
8 MENTS MADE BY THE ASSESSING OFFICER OF THE ASSESSING DISTRICT, AS
9 DETERMINED UNDER THIS SECTION IN 2002.
10 (3) FOR LAND ACQUIRED AFTER THE STATE TAX COMMISSION'S 2002
11 VALUATION OF LANDS UNDER THIS SECTION, THE COMMISSION'S FIRST
12 ANNUAL VALUATION OF THAT LAND shall be at the same value as other
13 property is assessed in the assessment district. In fixing the
14 valuation, the state tax commission shall not include improve-
15 ments made to or placed upon such lands.
16 (4) FOR LAND ACQUIRED AFTER THE STATE TAX COMMISSION'S 2002
17 VALUATION OF LANDS UNDER THIS SECTION, THE COMMISSION'S SECOND
18 AND SUBSEQUENT ANNUAL VALUATIONS OF THAT LAND SHALL BE EQUAL TO
19 THE FIRST ANNUAL VALUATION UNDER THIS SECTION, INCLUDING ANY
20 ADJUSTMENTS MADE BY THE ASSESSING OFFICER OF THE ASSESSING DIS-
21 TRICT UNDER SUBSECTION (5) AT THE TIME OF THAT FIRST ANNUAL
22 VALUATION.
23 (5) Upon receipt of the
report by UNDER THIS
SECTION, the
24 assessing officer ,
he or she shall enter upon
the assessment
25 rolls of each municipality or assessing district the respective
26 descriptions of the lands with
the fixed value and
assess such
27 lands for the
purposes of this subpart at the same
rate as other
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1 real property in the
assessing district, except
that adjustment
2 to the value
certified by the state tax commission
may be made by
3 the assessing officer
VALUE FIXED BY THE STATE TAX
COMMISSION.
4 HOWEVER, THE ASSESSING OFFICER MAY ADJUST A FIRST ANNUAL VALUA-
5 TION OF LAND DESCRIBED IN SUBSECTION (3) AT THE TIME OF THAT
6 FIRST ANNUAL VALUATION to reflect any general adjustment of
7 assessed valuation from the prior year that is not included in
8 the state tax commission computation. If an adjustment to the
9 value certified by the state tax commission is made, the assess-
10 ing officer shall certify to the department, not later than the
11 first Wednesday after the first Monday in March, the amount and
12 percentage of any general adjustment of assessed valuation and
13 the amount and percentage of any change in the assessment roll;
14 the relation of the total valuation to that reported by the state
15 tax commission; and the
adjusted total of
conservation land.
16 Assessments for
special improvements shall not be
included LANDS
17 DESCRIBED IN SECTION 2152.
18 (6) THE ASSESSING OFFICER SHALL ASSESS LANDS DESCRIBED IN
19 SECTION 2152 FOR THE PURPOSES OF THIS SUBPART AT THE SAME RATE AS
20 OTHER REAL PROPERTY IN THE ASSESSING DISTRICT. HOWEVER, THE
21 LANDS ARE NOT SUBJECT TO ASSESSMENT FOR OR COLLECTION OF ANY OF
22 THE FOLLOWING:
23 (A) TAXES IMPOSED FOR THE PAYMENT OF BONDS ISSUED BY A CITY,
24 VILLAGE, TOWNSHIP, COUNTY, SCHOOL DISTRICT, OR OTHER POLITICAL
25 SUBDIVISION OF THIS STATE UNLESS THE BONDS WERE APPROVED BEFORE
26 OCTOBER 1, 2002 BY A MAJORITY OF THE ELECTORS VOTING ON THE
27 QUESTION.
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1 (B) THE STATE EDUCATION TAX AUTHORIZED UNDER SECTION 3 OF
2 THE STATE EDUCATION TAX ACT, 1993 PA 331, MCL 211.903.
3 (C) SPECIAL ASSESSMENTS.
4 (D) ADMINISTRATIVE FEES.
5 (E) PENALTIES OR INTEREST.
6 (F) TAX ASSESSMENTS FOR PRIOR YEARS.
7 SEC. 2154B. (1) THE PAYMENT-IN-LIEU-OF-TAXES FUND, OR PILT
8 FUND, IS CREATED WITHIN THE STATE TREASURY.
9 (2) AT THE END OF THE 2003 STATE FISCAL YEAR, THE STATE
10 TREASURER SHALL TRANSFER THE UNAPPROPRIATED BALANCE IN THE ENVI-
11 RONMENTAL PROTECTION FUND CREATED UNDER SECTION 503A TO THE PILT
12 FUND. THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS FROM
13 ANY SOURCE FOR DEPOSIT INTO THE PILT FUND.
14 (3) THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE
15 PILT FUND. THE STATE TREASURER SHALL CREDIT TO THE PILT FUND
16 INTEREST AND EARNINGS FROM PILT FUND INVESTMENTS.
17 (4) MONEY IN THE PILT FUND AT THE CLOSE OF THE FISCAL YEAR
18 SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL
19 FUND.
20 (5) THE DEPARTMENT SHALL EXPEND MONEY FROM THE PILT FUND,
21 UPON APPROPRIATION, ONLY FOR PAYMENTS IN LIEU OF TAXES UNDER SEC-
22 TION 2154.
23 (6) AS USED IN THIS SECTION, "PILT FUND" OR "FUND" MEANS THE
24 PAYMENT-IN-LIEU-OF-TAXES FUND CREATED IN SUBSECTION (1).
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