Bill Text: MI HB4297 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Recreation; state parks; waiver of recreation passport fees; allow for holders of multiyear vehicle registrations except when registration fee is paid. Amends secs. 2045, 74116, 74117, 74120, 78105 & 78119 of 1994 PA 451 (MCL 324.2045 et seq.). TIE BAR WITH: HB 4439'13
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-07-03 - Assigned Pa 81'13 [HB4297 Detail]
Download: Michigan-2013-HB4297-Engrossed.html
HB-4297, As Passed House, May 7, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4297
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2045, 74116, 74117, 74120, 78105, and 78119
(MCL 324.2045, 324.74116, 324.74117, 324.74120, 324.78105, and
324.78119), section 2045 as added by 2010 PA 32, sections 74116,
74117, and 74120 as amended by 2010 PA 33, and section 78105 as
amended and section 78119 as added by 2010 PA 34.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2045. (1) The department shall distribute recreation
passport fee revenue as follows:
(a) First, for necessary expenses incurred by the secretary of
state each state fiscal year in administration and implementation
of section 805 of the Michigan vehicle code, 1949 PA 300, MCL
257.805. Funds appropriated for necessary expenses shall be based
upon an established cost allocation methodology that reflects
actual costs. Appropriations under this subdivision in a state
fiscal year shall not exceed $1,000,000.00.
(b) The next $10,700,000.00 received each fiscal year shall be
deposited in the state park improvement account.
(c) The next $1,030,000.00 received each fiscal year shall be
deposited in the waterways account.
(d) The remaining revenue shall be deposited as follows:
(i) 50% in the state park improvement account to be used for
capital improvements at state parks, including state recreation
areas.
(ii) 30% in the state park improvement account to be used for
operations and maintenance at state parks, including state
recreation areas.
(iii) 2.75% in the state park improvement account to be used for
operations, maintenance, and capital improvements of state park
cultural and historic resources.
(iv) 0.25% in the state park improvement account to be used to
do all of the following:
(A) Promote, in concert with other state agencies, the use of
state parks, state-operated public boating access sites, state
forest campgrounds, and state forest nonmotorized trails and
pathways.
(B) Promote the use of the internet for state park camping
reservations and for payment of the recreation passport fee in
conjunction with motor vehicle registration.
(v) 10% in the local public recreation facilities fund created
House Bill No. 4297 (H-4) as amended May 7, 2013
in section 1911, to be used for development of public recreation
facilities for local units of government.
(vi) 7% in the forest recreation account to be used for
operating, maintaining, and making capital improvements to state
forest campgrounds and the state forest system of pathways and
nonmotorized trails, including, but not limited to, equestrian
trails.
(2) For each state fiscal year, beginning with the 2011-2012
state fiscal year, the state treasurer shall adjust the amounts set
forth in subsection (1)(b) and (c) by an amount determined by the
state treasurer to reflect the cumulative percentage change in the
consumer price index for the most recent 1-year period for which
data are available. As used in this subsection, "consumer price
index" means the most comprehensive index of consumer prices
available for this state from the bureau of labor statistics of the
United States department of labor.
(3) By January 15 of each year, the department, in
consultation with the department of state, shall estimate the
amount of additional revenue that would have been collected as
recreation passport fees during the immediately preceding state
fiscal year if owners of resident motor vehicles [described in sections
74116(4)(c) and 78119(4)(b) were not exempt under those provisions
] from paying the recreation
passport fee. The department shall estimate the amount as follows:
(a) Determine the total number of resident motor vehicles [
House Bill No. 4297 (H-4) as amended May 7, 2013
DESCRIBED in sections 74116(4)(c) and 78119(4)(b).]
(b) Multiply the number under subdivision (a) by the
percentage of resident motor vehicles with single-year
registrations for which a recreation passport fee was paid during
the preceding state fiscal year.
(c) Subtract from the result under subdivision (b) the number
of resident motor vehicles [described in sections 74116(4)(c) and
78119(4)(b)] for which a
recreation passport fee was paid during the preceding state fiscal
year[
] under rules
promulgated under section 74120(3).
(d) Multiply the result under subdivision (c) by the current
amount of the recreation passport fee during the preceding state
fiscal year.
(4) The legislature shall annually appropriate from the
general fund a sum equal to the amount estimated under subsection
(3). The sum appropriated shall be distributed as provided in
subsection (1)(d).
(5) (3)
The department shall submit a
report to the standing
committees and appropriations subcommittees of the legislature with
jurisdiction over issues pertaining to natural resources and the
environment
by February 1 each year. , beginning in 2012. The
report shall provide information on all of the following for the
preceding state fiscal year:
(a) The total amount of recreation passport fee revenue
received by the department and the amounts allocated under
subsection (1).
(b) The total amount of annual and daily state park motor
vehicle permit fee revenue received by the department under section
74117.
(c) The total amount of seasonal or daily state-operated
public boating access site revenue received by the department under
section 78105(3).
(d) Details on the specific uses of the revenue described in
subdivisions (a), (b), and (c) and the amounts expended for each
specific use.
(e) The amount of revenue received during the preceding state
fiscal year under subsection (4).
(f) (e)
The adequacy of the revenue
described in subdivision
(a)
subdivisions (a) and (e) for each of the purposes for which it
is allocated under subsection (1).
(g) (f)
The impact of the state park
revenue stream described
in
subdivisions (a), and (b), and (d) on the Michigan
state parks
endowment fund created in section 35a of article IX of the state
constitution of 1963 and provided for in section 74119.
(h) (g)
Other relevant issues that affect
funding needs for
the state park system.
(6) (4)
By February 1, 2012 and every 2
years thereafter, the
department shall submit a report to the standing committees and
appropriations subcommittees of the legislature with jurisdiction
over issues pertaining to natural resources and the environment.
The report shall provide information on how frequently motor
vehicles for which the registrant declined to pay the recreation
passport fee entered state parks and state-operated public boating
access sites designated under section 78105 during the registration
period. The information shall be based on random audits conducted
by the department. A report under this subsection may be combined
with
a report required under subsection (3).(5).
(7) (5)
The department may prepare a list
of frequently asked
questions and answers concerning the recreation passport fee. The
department and the department of state may post the information on
their websites. The department of state may provide the information
with any applications for registration of motor vehicles that are
mailed by the department of state.
Sec. 74116. (1) Subject to subsection (4), the operator of a
nonresident motor vehicle or commercial motor vehicle shall not
enter any state park with that motor vehicle unless a valid motor
vehicle park permit issued under section 74117 is affixed to the
lower right-hand corner of the windshield. An annual motor vehicle
park permit for a nonresident motor vehicle shall be affixed
permanently for that year. The department shall post signs at parks
that state that a motor vehicle permit is required for entry by a
nonresident motor vehicle or commercial motor vehicle.
(2) Subject to subsection (4), the operator of a resident
motor vehicle shall not enter a state park with the resident motor
vehicle unless the recreation passport fee has been paid for that
motor vehicle. Payment of the recreation passport fee authorizes
entry into all state parks and recreation areas and designated
state-operated public boating access sites until expiration of the
motor vehicle registration.
(3) Subject to subsection (4), if the secretary of state
issues registration tabs or stickers as described in section 805 of
the Michigan vehicle code, 1949 PA 300, MCL 257.805, the operator
of a resident motor vehicle shall not enter a state park with the
resident motor vehicle unless the resident motor vehicle has a
registration
tab or sticker or temporary registration plate marked
as provided under that section to show that the recreation passport
fee has been paid.
(4)
The requirements of subsections Subsections
(1) to (3) do
not apply under any of the following circumstances:
(a) While the motor vehicle is being driven or parked within
an established federal, state, or county highway within a state
park.
(b) If the motor vehicle is used in the operation or
maintenance of a state park, is an emergency motor vehicle, is a
state owned or law enforcement motor vehicle, or is a private motor
vehicle being operated on official state business.
(c) If the motor vehicle is registered under section 803e(1)
of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, and is
exempt under section 803e(6) of the Michigan vehicle code, 1949 PA
300, MCL 257.803e, from the registration tax, or if the motor
vehicle is registered under section 217d or 803f of the Michigan
vehicle code, 1949 PA 300, MCL 257.217d and 257.803f.
(d) (c)
If and to the extent the department
waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
Sec. 74117. (1) This subsection and subsections (2) to (9)
apply beginning October 1, 2010. The department shall prepare and
distribute park permits as necessary to implement this part.
(2) Except as otherwise provided in this section, the
department shall issue an annual nonresident motor vehicle park
permit
shall be issued and shall authorize that authorizes the
entry of a nonresident motor vehicle to which it is originally
attached within any state park during the calendar year for which
it is issued. The fee for the annual nonresident motor vehicle park
permit for the owner of a nonresident motor vehicle is $29.00. An
annual park permit shall not be used for a commercial motor
vehicle.
(3)
A The department shall
issue a daily motor vehicle park
permit,
valid for 1 day only, shall authorize that authorizes the
entry of a nonresident motor vehicle or commercial motor vehicle to
which it is originally attached within any state park during the
day for which it is issued. The fee for a daily nonresident motor
vehicle park permit is $8.00. The fee for a daily commercial motor
vehicle park permit is $15.00.
(4) A person who has obtained an annual nonresident motor
vehicle park permit under this section for a recreational vehicle
to be used as a stationary primary camping shelter camped legally
in and not moved from a state park campground during the period of
the camping stay may obtain a duplicate nonresident motor vehicle
park permit effective for the duration of the camping stay for a
towed second motor vehicle present at the time of entry for a fee
of $6.00.
(5) The department may designate persons in this state
authorized to sell park permits. The department shall require as a
condition of the designation of a person other than a department
employee that the person furnish a surety bond in an amount and
form and with a surety acceptable to the department. After being
designated by the department, a person may issue park permits in
accordance with this part. This subsection does not apply to
employees of the department of state acting under section 805 of
the Michigan vehicle code, 1949 PA 300, MCL 257.805.
(6) If a person's annual nonresident motor vehicle park permit
is lost or destroyed, the department shall provide that person with
a replacement motor vehicle park permit free of charge. The
department may require a person requesting a replacement motor
vehicle park permit to supply sufficient evidence of the loss or
destruction of the original motor vehicle park permit.
(7) The department may add to the cost of a reservation or a
motor vehicle park permit or camping fee the charges that the state
incurs because of the use of a credit card.
(8) This section and section 74116 apply only to the entry of
motor vehicles into state parks and do not obviate the necessity of
obtaining additional permits for special services or park
privileges as may be required by law or by rules promulgated by the
department.
(9)
For each state fiscal calendar
year, beginning with the
2011-2012
state fiscal year, the state
treasurer shall adjust the
amounts set forth in subsections (2) to (4) by an amount determined
by the state treasurer to reflect the cumulative percentage change
in
the consumer price index for the most recent 1-year period for
which
data are from October 1, 2010
to the October 1 immediately
preceding that calendar year, using the most recent data available
and
rounded to the nearest 5 cents.dollar.
(10)
This subsection and subsections (11) to (19) apply
through
September 30, 2010. The department may require park permits
and
collect park permit fees for entry into a state park or portion
of
a state park posted in the manner prescribed by this part. The
department
may waive the permit requirement for department-
sponsored
events or other circumstances as determined by the
director
or the director's designee. The department shall prepare
and
distribute park permits to implement this part.
(11)
Except as otherwise provided in this section, an annual
park
permit shall be issued and shall authorize the entry of the
motor
vehicle to which it is originally attached within the
confines
of any state park through September 30, 2010. The fee for
the
annual park permit is as follows:
(a)
For the owner of a resident motor vehicle, $24.00, except
as
follows:
(i) The fee for the owner of a resident motor vehicle
who is 65
years
of age or older is $6.00.
(ii) The fee for the owner of a resident motor vehicle
who, at
the
time of purchase, is in possession of a food stamp card and
personal
identification is $18.00.
(b)
For the owner of a nonresident motor vehicle, $29.00.
(12)
A daily permit, valid for 1 day only, shall authorize the
entry
of the motor vehicle to which it is originally attached
within
the confines of a state park during the day for which it is
issued.
The fee for a daily permit is as follows:
(a)
For the owner of a resident motor vehicle, $6.00.
(b)
For the owner of a nonresident motor vehicle, $8.00.
(13)
A person who has obtained an annual motor vehicle permit
under
this section for a recreational vehicle to be used as a
stationary
primary camping shelter camped legally in and not moved
from
a state park campground during the period of the camping stay
may
obtain a duplicate motor vehicle permit for a towed second
motor
vehicle present at the time of entry for a fee of $6.00
effective
for the duration of the camping stay.
(14)
The department shall provide to the standing committees
in
the senate and house of representatives along with the
appropriate
budget subcommittees that primarily consider issues
pertaining
to natural resources an annual report that details the
revenue
stream generated by the fee structure under this section.
This
report shall be presented not later than December 31 each year
and
shall include information on the impact of the revenue stream
on
the Michigan state parks endowment fund created in section 35a
of
article IX of the state constitution of 1963 and provided for in
section
74119, the use of the general fund for funding the state
park
system, and other relevant issues that impact funding needs
for
the state park system.
(15)
This part applies only to the entry of motor vehicles
into
the state parks and to the park permits authorized in this
part
and does not obviate the necessity of obtaining additional
permits
for special services or park privileges as previously or
subsequently
may be required by law or by rules promulgated by the
department.
The department shall designate each person in the state
authorized
to sell park permits and shall require as a condition of
the
designation of a person other than a department employee that
the
person furnish a surety bond in an amount, in a form, and with
a
surety that is acceptable to the department. After being
designated
by the department, a person may issue park permits in
accordance
with this part.
(16)
Commercial motor coaches or vans with a capacity of more
than
12 passengers are not eligible to enter a state park with an
annual
park permit. The daily fee to allow commercial motor coaches
or
vans with a capacity of over 12 passengers daily entry into a
state
park is $15.00.
(17)
The department may add to the cost of a reservation or a
motor
vehicle entrance or camping fee the charges that the state
incurs
because of the use of a credit card.
(18)
If a person's annual park permit is lost or destroyed,
the
department shall provide that person with a replacement park
permit
free of charge. The department may require a person
requesting
a replacement park permit to supply sufficient evidence
of
the loss or destruction of the original park permit.
(19)
As used in this section, "resident motor vehicle" means a
vehicle
that is registered as a motor vehicle in this state.
Sec. 74120. (1) The department may promulgate rules to
implement this part.
(2) The department may promulgate rules providing a method for
an individual whose motor vehicle registration expires annually to
pay a state park and state-operated public boating access site
recreation passport fee in addition to the method provided for in
section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805.
The amount of the state park and state-operated public boating
access
site recreation passport fee required to be paid under the a
method provided for by rule under this subsection shall not exceed
twice the amount of a state park and state-operated public boating
access site recreation passport fee paid under the method provided
for in section 805 of the Michigan vehicle code, 1949 PA 300, MCL
257.805.
However, during 2010, the
(3) The department shall promulgate rules providing a method
for an individual whose motor vehicle registration does not expire
annually and who is exempt under sections 74116(4)(c) and
78119(4)(b) from the recreation passport fee to voluntarily pay the
recreation passport fee as a donation. The amount of the state park
and state-operated public boating access site recreation passport
fee required to be paid under the method provided for by rule under
this subsection shall equal the amount of a state park and state-
operated public boating access site recreation passport fee paid
under the method provided for in section 805 of the Michigan
vehicle code, 1949 PA 300, MCL 257.805.
(4)
A rule promulgated under this subsection
section shall
provide for a method evidencing payment of the state park and
state-operated public boating access site recreation passport fee,
under
this subsection, such as by the
issuance and display of a
permit.
(3)
A rule promulgated under subsection (2) does not apply
after
April 1, 2014 unless, during at least 1 of the state fiscal
years
ending September 30, 2011, 2012, and 2013, revenue from the
recreation
passport fee, minus appropriations to the secretary of
state
under section 2045(1)(a), equals or exceeds $12,017,514.00.
Sec.
78105. (1) The department shall have has the following
powers and duties:
(a) To acquire, construct, and maintain harbors, channels, and
facilities for vessels in the navigable waters lying within the
boundaries of this state.
(b) To acquire, by purchase, lease, gift, or condemnation the
lands, rights of way, and easements necessary for harbors and
channels. For the purposes of this subdivision, the department
shall be considered a state agency under 1911 PA 149, MCL 213.21 to
213.25.
(c) To acquire, by purchase, lease, gift, or condemnation
suitable areas on shore for disposal of the material from dredging.
(d) To enter into any contracts or agreements that may be
necessary in carrying out this part, including agreements to hold
and save the United States free from damages due to the
construction and maintenance by the United States of those works
that the United States undertakes.
(e) To provide for the granting of concessions within the
boundaries of harbors, so as to furnish the public gas, oil, food,
and other facilities.
(f) To represent this state and the governor in dealings with
the chief of engineers of the United States army and his or her
authorized agents for the purposes set forth in this part.
(g) To charge fees for both seasonal and daily moorage at
state-operated small craft mooring facilities. All revenues derived
from this source shall be deposited in the waterways account.
(h) To collect the proceeds from the sale of marine fuel at
harbors operated by the department. The proceeds from the sales
shall be credited to the waterways account and used for the
purchase of marine fuel supplies as may be needed. Any remaining
revenue from this source not needed for the purchase of marine fuel
supplies may be expended in the same manner as other funds within
the waterways account.
(2) The director shall designate state-operated public boating
access sites that, subject to section 78119(4), shall not be
entered by a resident motor vehicle unless the recreation passport
fee has been paid or by a nonresident or commercial motor vehicle
unless a pass purchased under subsection (3) is affixed to the
motor vehicle as described in section 78119.
(3) The department shall charge fees for passes authorizing
seasonal or daily entry by nonresident motor vehicles or commercial
motor vehicles at designated state-operated public boating access
sites. Fee revenue under this subsection shall be deposited in the
waterways account.
Sec. 78119. (1) Subject to subsection (4), a person shall not
enter, in a nonresident motor vehicle or commercial motor vehicle,
a
designated state-operated public boating access site designated
under section 78105(2) without a valid pass affixed to the lower
right-hand corner of the windshield. A seasonal pass shall be
affixed permanently for the season.
(2) Subject to subsection (4), the operator of a resident
motor
vehicle shall not enter a designated state-operated public
boating access site designated under section 78105(2) with the
resident motor vehicle unless the recreation passport fee has been
paid for that motor vehicle. Payment of the recreation passport fee
authorizes entry into all state parks and recreation areas and
designated state-operated public boating access sites until
expiration of the motor vehicle registration.
(3) Subject to subsection (4), if the secretary of state
issues registration tabs or stickers as described in section 805 of
the Michigan vehicle code, 1949 PA 300, MCL 257.805, the operator
of a resident motor vehicle shall not enter a designated state-
operated public boating access site with the resident motor vehicle
unless the resident motor vehicle has a registration tab or sticker
or
temporary registration plate marked
as provided under that
section to show that the recreation passport fee has been paid.
(4)
The requirements of subsections Subsections
(1) to (3) do
not apply under any of the following circumstances:
(a) If the motor vehicle is used in the operation or
maintenance of the public boating access site, is an emergency
motor vehicle, is a state-owned or law enforcement motor vehicle,
or is a private motor vehicle being operated on official state
business.
(b) If the motor vehicle is registered under section 803e(1)
of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, and is
exempt under section 803e(6) of the Michigan vehicle code, 1949 PA
300, MCL 257.803e, from the registration tax, or if the motor
vehicle is registered under section 217d or 803f of the Michigan
vehicle code, 1949 PA 300, MCL 257.217d and 257.803f.
(c)
(b) If and to the extent the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
(5) A person who violates subsection (1), (2), or (3) is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $100.00. A person shall not be cited
for a violation of both subsections (2) and (3) for the same
incident.
(6) In any proceeding for the violation of this part or a rule
promulgated under this part, if a motor vehicle is found parked in
a designated state-operated public boating access site, the
registration plate displayed on the motor vehicle constitutes prima
facie evidence that the owner of the motor vehicle was the person
who parked or placed it at the location where it was found.
Enacting section 1. This amendatory act takes effect May 1,
2014.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4439 of the 97th Legislature is enacted into
law.
