House Introduced Bill 5718

HOUSE BILL No. 5718


     February 21, 2002, Introduced by Rep. Lipsey and referred to the Committee on House Oversight and Operations.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending sections 33934, 42506, 47104, and 52706 (MCL

   324.33934, 324.42506, 324.47104, and 324.52706), section 33934 as

   added by 1995 PA 59 and sections 42506, 47104, and 52706 as added

   by 1995 PA 57.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 33934.  (1)  In all cases where  IF default is made in

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        the payment of taxes to the treasurer of the township, city, or

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        village in which the lands leased are located, the same shall be

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        returned to the county treasurer according to and subject to the

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        provisions of law for the return and collection of unpaid taxes

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        assessed upon real estate.  The treasurer of the township, city,

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        or village, at the same time that he or she makes returns to the

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        county treasurer, shall make and transmit to the department a


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        list of the lands so delinquent for taxes and the amount of taxes

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        delinquent upon each description in the list.  The county trea-

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        surer shall, at the same time he or she makes his or her return

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        of delinquent lands to the  auditor general  DEPARTMENT OF

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        TREASURY, make a similar return to the department of all such

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        leasehold interests, the taxes upon which have not been col-

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        lected, with a statement of the amount thereof.  The county trea-

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        surer shall not receive payment of the amount of any taxes

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        assessed upon such leasehold interests; but such taxes when

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        returned delinquent by the township treasurer shall be payable

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        only to the department.  The department shall provide suitable

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        books and enter in those books the description of every leasehold

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        interest so returned and the taxes thereon.  The person holding

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        such interest in any parcel of  said lands  THIS LAND may pay to

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        the department at any time within 1 year after the same becomes a

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        lien on the premises, the taxes assessed thereon, with interest

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        at the rate of 1/2 of 1% per month or fraction thereof, with 4%

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        as a collection fee, from the first day of March last preceding.

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        However, if the taxes are not paid within  the time herein speci-

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        fied, said  THIS TIME PERIOD, THE leasehold interest  shall

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        stand  IS forfeited because of the nonpayment of  such  THE

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        taxes, and within its discretion the department may release

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         said  THE premises to any person for any term of years not

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        exceeding 99 years, upon  such  THAT person paying to the depart-

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        ment all unpaid taxes  thereon  ON THE LAND, together with such

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        rental as may be determined upon under this part by the

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        department.   In the event any such



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             (2) IF THE leasehold interest is owned by 2 or more persons,

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        and any 1 or more of the persons neglect or refuse to pay his or

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        her or their proportionate share of the taxes assessed against

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        the leasehold at the date when the taxes become due and payable,

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        then any 1 or more of the owners may pay his or her or their pro-

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        portionate share of the taxes, and the county treasurer, in his

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        or her return of delinquent lands to the department, shall indi-

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        cate  said  partial payments of taxes credited to the owner or

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        owners making them.  Any owner not having made payment of his or

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        her proportionate share of the taxes may, at any time within 1

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        year after the taxes have become a lien on the premises, pay to

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        the department his or her proportionate share of the taxes with

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        interest at the rate of 1% per month or fraction thereof, from

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        the first day of March last preceding.  If the proportionate

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        share of taxes of any such owner is not paid within  the time

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        herein specified  THIS TIME PERIOD, the interest of the owner in

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        the leasehold  shall stand  IS forfeited because of the nonpay-

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        ment of  such  THE taxes, and thereafter within 30 days, such of

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        the owners as have paid their proportionate share of the taxes,

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        upon payment to the department of the amount of the taxes remain-

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        ing due with interest accrued to the date of forfeiture, shall be

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        entitled to conveyances by the department of  such  THE interests

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        in the leasehold  as  THAT have been forfeited.  The interest

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        thus conveyed shall be allotted equally among those owners who

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        shall pay the delinquent taxes with interest as provided in this

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        section.





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             (3) If default is made by any lessee in the payment of

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        taxes, he or she shall be notified in writing by the department

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        at least 3 months before the date of final forfeiture of the

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        amount due and the penalty for nonpayment and the date upon which

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        forfeiture is to occur.

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             (4) Upon payment to the department of taxes and interest as

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        provided in this section,  such  THE PAYMENT amount shall be

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        credited to the county in which such leasehold interests were

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        assessed, in the same manner as taxes and interest are now cred-

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        ited to counties on part-paid state lands.

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             (5) Immediately upon formal determination by the department

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        that a lease has been forfeited under this part, a certificate of

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        cancellation of the  same  LEASE shall be executed under the seal

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        of the department and shall be forwarded to the register of deeds

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        of the county  wherein such  WHERE THE land is situated.  Upon

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        receipt of  such  THIS certificate, the register of deeds shall

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        at once cause  the same  IT to be recorded in a suitable book to

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        be provided by  said  THE register OF DEEDS.  If the lease is of

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        record in  said office  THE REGISTER OF DEEDS, the register OF

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        DEEDS shall note  thereon  ON THE LEASE the fact that a certifi-

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        cate of cancellation has been issued and shall also note the

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        citation to the record of such certificate.

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             Sec. 42506.  All money received from the sale of licenses as

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        provided in this part shall be forwarded to the  auditor general

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        STATE TREASURER and placed to the credit of the game and fish

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        protection fund created in part 435, and shall be used for the





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        purpose necessary to the protection, propagation, and

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        distribution of game and fur-bearing animals as provided by law.

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             Sec. 47104.  The unexpended balance of any appropriation to

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        implement this part at the end of the year for which the appro-

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        priation is made shall be carried forward to the credit of the

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        department, if the department certifies to the  auditor general

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        and the  state treasurer that the money is needed for the pur-

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        chase of additional grounds, for making permanent improvements

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        upon any of its property, or for equipment or labor.

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             Sec. 52706.  The department, the  auditor general

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        DEPARTMENT OF TREASURY, or other state officer having charge of

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        state land, may sell homestead, tax, swamp, or primary school

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        land to municipalities for forestry purposes, at a price fixed by

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        the department,  auditor general  DEPARTMENT OF TREASURY, or

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        other state officer.  However, land shall not be sold in excess

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        of the amount that may be necessary for the municipality, and any

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        land that is sold shall be suitable for and used solely for a

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        forestry purpose.  When the land described in this section is no

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        longer used for a forestry purpose, the land shall revert to the

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        state.

















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