State of Michigan

 

JENNIFER M. GRANHOLM

governor

DEPARTMENT OF NATURAL RESOURCES

Lansing

K. L. COOL

director

 


 

 

BILL ANALYSIS

 

BILL NUMBER:       SB 1097 and HB 5733, as introduced

TOPIC:                      Bills to exempt the Department of Natural Resources from special assessments to establish or maintain normal lake level assessments.

SPONSOR:              Senator Martha Scott

CO-SPONSORS:    None

COMMITTEE:           Natural Resources and Environmental Affairs

Analysis Done:       April 1, 2004

 

 

POSITION

 

The Department supports these bills.

 

PROBLEM/BACKGROUND

 

County boards have the authority to assess landowners on inland lakes for project costs associated with maintaining normal lake levels.  The Department is a landowner on inland lakes and is billed for these assessments.  In recent years, the legislature has not provided appropriations of General Fund to pay the assessments so payments have not been issued.  The Department has been sued repeatedly by counties for payment.  Recently, the Attorney General advised the Department to either seek an appropriation for lake level assessments, or seek a statutory change so the Department would no longer be obligated to pay the assessments.

 

DESCRIPTION OF BILL

 

These bills would exempt the Department from paying lake level special assessments.

 

SUMMARY OF ARGUMENTS

 

Pro

 

These bills would alleviate the Department’s annual need for General Fund appropriations to pay lake level special assessments.  This would also avoid costly litigation proceedings.

 

Con

 

The financial burden of maintaining inland lake levels will fall on the remaining property owners.

 

FISCAL/ECONOMIC IMPACT

 

Are there revenue or budgetary implications in the bill to the --

(a)         Department

Budgetary:

If these bills are not enacted, the Department’s annual operating budget will have to be increased by approximately $200,000 of General Fund.  If additional funding is not provided and the Department is required to make the payments, this will result in program reductions. 

Revenue:     

This legislation would not impact the Department’s revenues.

Comments:  

None.

 

(b)        State

Budgetary:  

The legislation would reduce General Fund obligations for the state by approximately $200,000 annually.

Revenue:     

These bills would have no impact on the state’s revenues.

Comments:  

None.

 

(c)                 Local Government

Comments:  

                                                These bills would remove the Department from the list of entities           required to pay lake level special assessments.  As a result, some special assessment districts may see a reduction in funding.

 

OTHER STATE DEPARTMENTS

 

There are no other state departments that should have a concern or issue with these bills.

 

ANY OTHER PERTINENT INFORMATION

 

None.

 

ADMINISTRATIVE RULES IMPACT

 

None.

 

 

 

 

_______________________________

Rebecca A. Humphries

Director

 

_______________________________

Date

 

 

BSS