June 4, 2003, Introduced by Rep. Shulman and referred to the Committee on Appropriations.
A bill to amend 1984 PA 431, entitled
"The management and budget act,"
by amending sections 353c, 353e, and 358 (MCL 18.1353c, 18.1353e,
and 18.1358), sections 353c and 358 as amended by 2002 PA 504 and
section 353e as amended by 1999 PA 8.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 353c. (1) For the fiscal year ending September 30,
2 1995 only, there is appropriated from the fund to the general
3 fund the sum of $59,500,000.00 to be used to pay the court
4 settlement amount for the department of natural resources in the
5 matter of Miller Brothers, et al v State of Michigan, et al
6 (Court of Claims docket no. 88-11848-CM).
7 (2) For the fiscal year ending September 30, 1995 only, there
8 is appropriated from the fund to the general fund the sum of
9 $875,000.00 to be used to pay the court settlement liquidated
1 damages for the department of natural resources in the matter of
2 Miller Brothers, et al v State of Michigan, et al (Court of
3 Claims docket no. 88-11848-CM).
4 (3) For the fiscal year ending September 30, 1995 only, there
5 is appropriated from the fund to the general fund the sum of
6 $30,000,000.00 to be used to pay the court settlement and
7 purchase mineral rights for the department of natural resources
8 in the matter of Carnagel Oil Associates, et al v State of
9 Michigan, et al (Court of Claims docket no. 88-11848-CC).
10 (4) For the fiscal year ending September 30, 1995 only, there
11 is appropriated to the department of natural resources from the
12 general fund $59,500,000.00. This appropriation may only be used
13 to pay the court settlement associated with the matter of Miller
14 Brothers, et al v State of Michigan, et al (Court of Claims
15 docket no. 88-11848-CM).
16 (5) For the fiscal year ending September 30, 1995 only, there
17 is appropriated to the department of natural resources from the
18 general fund $875,000.00. This appropriation may only be used to
19 pay the court settlement liquidated damages associated with the
20 matter of Miller Brothers, et al v State of Michigan, et al
21 (Court of Claims docket no. 88-11848-CM).
22 (6) For the fiscal year ending September 30, 1995 only, there
23 is appropriated to the department of natural resources from the
24 general fund $30,000,000.00. This appropriation may only be used
25 to pay the court settlement and purchase mineral rights
26 associated with the matter of Carnagel Oil Associates, et al v
27 State of Michigan, et al (Court of Claims docket
1 no. 88-11848-CC). The payment authorized under this subsection
2 shall be made on or before November 30, 1995.
3 (7) It is the intent of the legislature that money
4 appropriated from the fund to pay the court settlement and
5 liquidated damages associated with the matter of Miller Brothers,
6 et al v State of Michigan, et al (Court of Claims docket
7 no. 88-11848-CM) be repaid to the fund from the Michigan
8 strategic fund created in the Michigan strategic fund act, 1984
9 PA 270, MCL 125.2001 to 125.2093.
10 (8) It is the intent of the legislature that money
11 appropriated from the fund to pay the court settlement and
12 purchase mineral rights associated with the matter of Carnagel
13 Oil Associates, et al v State of Michigan, et al (Court of Claims
14 docket no. 88-11848-CC) be repaid to the fund from the Michigan
15 strategic fund created in the Michigan strategic fund act, 1984
16 PA 270, MCL 125.2001 to 125.2093.
17 (9) Following November 13, 1995, if the recipient of the
18 $59,500,000.00 appropriation pursuant to subsections (1) and (4)
19 obtains, by lease, purchase, or otherwise, the mineral rights for
20 the real property that was the subject of the court settlement
21 referenced in this section, the state shall seek repayment of
22 that portion of the $59,500,000.00 settlement that was not
23 attributed to the cost of the initial lease or to lawfully
24 accrued interest.
25 (10) For the fiscal year ending September 30, 2001 only,
26 there is appropriated from the fund to the general fund the sum
27 of $77,000,000.00.
1 (11) For the fiscal year ending September 30, 2001 only, the
2 state budget director, before the final accounting of state
3 revenues and expenditures is completed, shall calculate the
4 amount of funds that will be necessary to ensure a zero balance
5 in the general fund/general purpose state budget at bookclosing.
6 This calculation shall be made excluding any net general
7 fund/general purpose appropriation lapses that occur when the
8 final accounting of state expenditures is completed. For
9 purposes of this calculation, the closure or reduction of prior
10 year work projects shall not be considered appropriation lapses.
11 The state budget director shall provide a report to the house and
12 senate appropriations committees and the house and senate fiscal
13 agencies of this calculation as soon as it is completed. Based
14 on this calculation, there is appropriated from the fund to the
15 general fund the amount calculated by the state budget director,
16 not to exceed $200,000,000.00.
17 (12) For the fiscal year ending September 30, 2002 only,
18 there is appropriated from the fund to the general fund the sum
19 of $335,000,000.00.
20 (13) In addition to subsection (12), for the fiscal year
21 ending September 30, 2002 only, there is appropriated from the
22 fund to the school aid fund the sum of $350,000,000.00.
23 (14) For the fiscal year ending September 30, 2002 only, the
24 state budget director, before the final accounting of state
25 revenues and expenditures is completed, shall calculate the
26 amount of funds that will be necessary to ensure a zero balance
27 in the general fund state budget at bookclosing. This
1 calculation shall be made excluding $114,500,000.00. The state
2 budget director shall provide a report to the house and senate
3 appropriations committees and the house and senate fiscal
4 agencies of this calculation as soon as it is completed. Based
5 on this calculation, there is appropriated from the fund to the
6 general fund the amount calculated by the state budget director.
7 (15) For the fiscal year ending September 30, 2003 only,
8 there is appropriated from the fund to the general fund the sum
9 of $207,000,000.00.
10 (16) For the fiscal year ending September 30, 2003 only, the
11 state budget director, before the final accounting of state
12 revenues and expenditures is completed, shall calculate the
13 amount of funds that will be necessary to ensure a zero balance
14 in the state school aid fund at bookclosing. This calculation
15 shall take into account and shall not affect any proration that
16 occurred for 2002-2003 under section 11(3) of the state school
17 aid act of 1979, 1979 PA 94, MCL 388.1611, as a result of the
18 January 2003 consensus revenue estimating conference. The state
19 budget director shall provide a report to the house and senate
20 appropriations committees and the house and senate fiscal
21 agencies of this calculation as soon as it is completed. Based
22 on this calculation, there is appropriated from the fund to the
23 state school aid fund the amount calculated by the state budget
24 director. This appropriation is made to avoid any further
25 proration under section 11(3) of the state school aid act of
26 1979, 1979 PA 94, MCL 388.1611, that would otherwise be required
27 due to the shortfall in the state school aid fund for the fiscal
1 year ending September 30, 2003 that was identified by the May
2 2003 consensus revenue estimating conference.
3 Sec. 353e. (1) Notwithstanding section 353, for the fiscal
4 year ending September 30, 1998, there is appropriated and
5 transferred from the fund to the state school aid fund the sum of
6 $212,000,000.00 for the purpose of paying money damages to school
7 districts and intermediate school districts who were plaintiffs
8 in the consolidated cases known as Durant v State of Michigan,
9 456 Mich 175, (1997).
10 (2) Notwithstanding section 353, for the fiscal year ending
11 September 30, 1999, there is appropriated and transferred from
12 the fund to the state school aid fund the sum of $73,700,000.00
13 for the purpose of making appropriations to school districts and
14 intermediate school districts other than those described in
15 subsection (1).
16 (3)
Notwithstanding section 353, for the fiscal year ending
17 September 30, 2000,
for the fiscal year ending September 30,
18 2001, for the fiscal
year ending September 30, 2002, for the
19 fiscal year ending
September 30, 2003, for the fiscal year ending
20 September 30, 2004,
for the fiscal year ending September 30,
21 2005, for the fiscal
year ending September 30, 2006, for the
22 fiscal year ending September
30, 2007, and for the fiscal year
23 ending September 30,
2008, there is appropriated and transferred
24 from the fund to the
state school aid fund the sum of
25 $32,000,000.00 for the
purpose of making appropriations to school
26 districts and
intermediate school districts other than those
27 described in
subsection (1).
1 Sec. 358. (1) Except as otherwise provided in this section,
2 the legislature may make an emergency appropriation from the fund
3 subject to all of the following conditions:
4 (a) The maximum appropriation from the fund for budget
5 stabilization as provided in section 352(2) has already been made
6 for the current fiscal year.
7 (b) The legislature has approved the emergency appropriations
8 bill by a 2/3 majority vote of the members elected to and serving
9 in each house.
10 (c) The emergency appropriations bill becomes law.
11 (2) The additional transfer from the fund may be made only
12 for the current fiscal year.
13 (3) For the
fiscal year ending September 30, 2001, the
14 fiscal year ending
September 30, 2002 and for each fiscal year
15 beginning with the
fiscal year ending September 30, 2004 and
16 ending with the fiscal
year ending September 30, 2016, there is
17 appropriated and
transferred from the fund to the state trunk
18 line fund established
under section 11 of 1951 PA 51,
19 MCL 247.661, the sum
of $35,000,000.00.
20 (4) For the fiscal
year ending September 30, 2000, there is
21 appropriated and
transferred from the fund to the state trunk
22 line fund established
under section 11 of 1951 PA 51,
23 MCL 247.661, the sum
of $37,100,000.00.
24 (5) For the fiscal
year ending September 30, 2000, an amount
25 equal to the
unreserved general fund/general purpose balance
26 transferred to the
fund for the fiscal year ending September 30,
27 2000, but not to
exceed $62,900,000.00, is appropriated and
1 transferred from the
fund to the state trunk line fund
2 established under
section 11 of 1951 PA 51, MCL 247.661.