Bill Text: MI SB1205 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Property tax; payment in lieu of taxes; use of rainy day funds for shortfalls in payment in lieu of taxes fund; allow. Amends sec. 2154 of 1994 PA 451 (MCL 324.2154).

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-07-18 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB1205 Detail]

Download: Michigan-2011-SB1205-Introduced.html

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SENATE BILL No. 1205

 

 

July 18, 2012, Introduced by Senators BOOHER and CASPERSON and referred to the Committee on Natural Resources, Environment and Great Lakes.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 2154 (MCL 324.2154), as amended by 2011 PA 118.

 

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 is less than the amount required for payment to all local

 

assessing districts, the amount necessary for full payment to all

 

local assessing districts shall be paid, upon appropriation, from

 

the countercyclical budget and economic stabilization fund created

 

in section 351 of the management and budget act, 1984 PA 431, MCL

 

18.1351.

 

     (5) (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.

 

     (6) (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.