April 28, 2005, Introduced by Rep. Whitmer and referred to the Committee on Appropriations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending section 353c (MCL 18.1353c), as amended by 2002 PA 504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 353c. (1) For the fiscal year ending September 30, 1995
only, there is appropriated from the fund to the general fund the
sum of $59,500,000.00 to be used to pay the court settlement amount
for the department of natural resources in the matter of Miller
Brothers, et al v State of Michigan, et al (Court of Claims docket
no. 88-11848-CM).
(2) For the fiscal year ending September 30, 1995 only, there
is appropriated from the fund to the general fund the sum of
$875,000.00 to be used to pay the court settlement liquidated
damages for the department of natural resources in the matter of
Miller Brothers, et al v State of Michigan, et al (Court of Claims
docket no. 88-11848-CM).
(3) For the fiscal year ending September 30, 1995 only, there
is appropriated from the fund to the general fund the sum of
$30,000,000.00 to be used to pay the court settlement and purchase
mineral rights for the department of natural resources in the
matter of Carnagel Oil Associates, et al v State of Michigan, et al
(Court of Claims docket no. 88-11848-CC).
(4) For the fiscal year ending September 30, 1995 only, there
is appropriated to the department of natural resources from the
general fund $59,500,000.00. This appropriation may only be used to
pay the court settlement associated with the matter of Miller
Brothers, et al v State of Michigan, et al (Court of Claims docket
no. 88-11848-CM).
(5) For the fiscal year ending September 30, 1995 only, there
is appropriated to the department of natural resources from the
general fund $875,000.00. This appropriation may only be used to
pay the court settlement liquidated damages associated with the
matter of Miller Brothers, et al v State of Michigan, et al (Court
of Claims docket no. 88-11848-CM).
(6) For the fiscal year ending September 30, 1995 only, there
is appropriated to the department of natural resources from the
general fund $30,000,000.00. This appropriation may only be used to
pay the court settlement and purchase mineral rights associated
with the matter of Carnagel Oil Associates, et al v State of
Michigan, et al (Court of Claims docket no. 88-11848-CC). The
payment authorized under this subsection shall be made on or before
November 30, 1995.
(7) It is the intent of the legislature that money
appropriated from the fund to pay the court settlement and
liquidated damages associated with the matter of Miller Brothers,
et al v State of Michigan, et al (Court of Claims docket no. 88-
11848-CM) be repaid to the fund from the Michigan strategic fund
created in the Michigan strategic fund act, 1984 PA 270, MCL
125.2001 to 125.2093.
(8) It is the intent of the legislature that money
appropriated from the fund to pay the court settlement and purchase
mineral rights associated with the matter of Carnagel Oil
Associates, et al v State of Michigan, et al (Court of Claims
docket no. 88-11848-CC) be repaid to the fund from the Michigan
strategic fund created in the Michigan strategic fund act, 1984 PA
270, MCL 125.2001 to 125.2093.
(9) Following November 13, 1995, if the recipient of the
$59,500,000.00 appropriation pursuant to subsections (1) and (4)
obtains, by lease, purchase, or otherwise, the mineral rights for
the real property that was the subject of the court settlement
referenced in this section, the state shall seek repayment of that
portion of the $59,500,000.00 settlement that was not attributed to
the cost of the initial lease or to lawfully accrued interest.
(10) For the fiscal year ending September 30, 2001 only, there
is appropriated from the fund to the general fund the sum of
$77,000,000.00.
(11) For the fiscal year ending September 30, 2001 only, the
state budget director, before the final accounting of state
revenues and expenditures is completed, shall calculate the amount
of funds that will be necessary to ensure a zero balance in the
general fund/general purpose state budget at bookclosing. This
calculation shall be made excluding any net general fund/general
purpose appropriation lapses that occur when the final accounting
of state expenditures is completed. For purposes of this
calculation, the closure or reduction of prior year work projects
shall not be considered appropriation lapses. The state budget
director shall provide a report to the house and senate
appropriations committees and the house and senate fiscal agencies
of this calculation as soon as it is completed. Based on this
calculation, there is appropriated from the fund to the general
fund the amount calculated by the state budget director, not to
exceed $200,000,000.00.
(12) For the fiscal year ending September 30, 2002 only, there
is appropriated from the fund to the general fund the sum of
$335,000,000.00.
(13) In addition to subsection (12), for the fiscal year
ending September 30, 2002 only, there is appropriated from the fund
to the school aid fund the sum of $350,000,000.00.
(14) For the fiscal year ending September 30, 2002 only, the
state budget director, before the final accounting of state
revenues and expenditures is completed, shall calculate the amount
of funds that will be necessary to ensure a zero balance in the
general fund state budget at bookclosing. This calculation shall be
made excluding $114,500,000.00. The state budget director shall
provide a report to the house and senate appropriations committees
and the house and senate fiscal agencies of this calculation as
soon as it is completed. Based on this calculation, there is
appropriated from the fund to the general fund the amount
calculated by the state budget director.
(15) For the fiscal year ending September 30, 2003 only, there
is appropriated from the fund to the general fund the sum of
$207,000,000.00.
(16) For the fiscal year ending September 30, 2005 only, there
is appropriated from the fund to the general fund an amount equal
to the unreserved balance in the fund as of September 30, 2005.