Bill Text: MI SB1141 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Recreation; state parks; recreation passport fee; designate as the "Senator Patty Birkholz recreation passport fee". Amends secs. 2001, 2045, 74101, 74116, 74120, 78101, 78105 & 78119 of 1994 PA 451 (MCL 324.2001 et. seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-12-04 - Referred To Committee On Natural Resources [SB1141 Detail]
Download: Michigan-2017-SB1141-Introduced.html
SENATE BILL No. 1141
November 8, 2018, Introduced by Senators JONES, O'BRIEN, BOOHER, HOOD, PROOS, KNOLLENBERG, WARREN, MEEKHOF and SCHMIDT and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2001, 2045, 74101, 74116, 74120, 78101, 78105,
and 78119 (MCL 324.2001, 324.2045, 324.74101, 324.74116, 324.74120,
324.78101, 324.78105, and 324.78119), section 2001 as amended by
2010 PA 32, sections 2045, 74120, 78105, and 78119 as amended by
2013 PA 81, section 74101 as amended by 2010 PA 33, section 74116
as amended by 2016 PA 1, and section 78101 as amended by 2010 PA
302.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2001. As used in this part:
(a) "Forest recreation account" means the forest recreation
account of the legacy fund provided for in section 2005.
(b) "Game and fish protection account" means the game and fish
protection account of the legacy fund provided for in section 2010.
(c) "Legacy fund" means the Michigan conservation and
recreation legacy fund established in section 40 of article IX of
the state constitution of 1963 and provided for in section 2002.
(d) "Off-road vehicle account" means the off-road vehicle
account of the legacy fund provided for in section 2015.
(e) "Recreation improvement account" means the recreation
improvement account of the legacy fund provided for in section
2020.
(f)
"Recreation "Senator
Patty Birkholz recreation passport
fee" means a state park and state-operated public boating access
site recreation passport fee paid under section 805 of the Michigan
vehicle code, 1949 PA 300, MCL 257.805, or under rules promulgated
under section 74120(2).
(g) "Snowmobile account" means the snowmobile account of the
legacy fund provided for in section 2025.
(h) "State park improvement account" means the state park
improvement account of the legacy fund provided for in section
2030.
(i) "Waterways account" means the waterways account of the
legacy fund provided for in section 2035.
Sec. 2045. (1) The department shall distribute Senator Patty
Birkholz 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 Senator Patty Birkholz
recreation passport fee in conjunction with motor vehicle
registration.
(v) 10% in the local public recreation facilities fund created
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 Consumer Price
Index for the most recent 1-
year period for which data are available. As used in this
subsection,
"consumer price index" "Consumer Price Index" means the
most comprehensive index of consumer prices available for this
state
from the bureau of labor statistics Bureau of Labor
Statistics
of the United States department of
labor.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 Senator Patty Birkholz recreation passport fee
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
Senator Patty Birkholz recreation passport fee. The department
shall estimate the amount as follows:
(a) Determine the total number of resident motor vehicles
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 Senator Patty Birkholz 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 Senator Patty Birkholz 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 Senator Patty Birkholz 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) 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. The report shall provide
information on all of the following for the preceding state fiscal
year:
(a) The total amount of Senator Patty Birkholz 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) The adequacy of the revenue described in subdivisions (a)
and (e) for each of the purposes for which it is allocated under
subsection (1).
(g) The impact of the state park revenue stream described in
subdivisions (a), (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) Other relevant issues that affect funding needs for the
state park system.
(6) 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 Senator Patty
Birkholz 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
(5).
(7) The department may prepare a list of frequently asked
questions and answers concerning the Senator Patty Birkholz
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. 74101. As used in this part:
(a) "Commercial motor vehicle" means a commercial vehicle as
defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL
257.7.
(b) "Improvement program" means the construction,
reconstruction, development, improvement, bettering, operating,
maintaining, and extending a facility at a state park, including a
site improvement, impoundment, road and parking lot, toilet
building, concession building, shelter building, bathhouse,
utility, outdoor center, visitor service facility, ski area, ski
tow, ski shelter, and administration unit.
(c) "Motor vehicle" means a vehicle that is self-propelled.
(d) "Nonresident motor vehicle" means a motor vehicle other
than a commercial motor vehicle that is not registered as a motor
vehicle in this state.
(e)
"Recreation passport fee" means that term as defined in
section
2001.
(e) (f)
"Resident motor vehicle"
means a motor vehicle, other
than a commercial motor vehicle, that is registered as a motor
vehicle in this state.
(f) "Senator Patty Birkholz recreation passport fee" means
that term as defined in section 2001.
(g) "State park" means a state park or state recreation area
designated by the director.
(h) "State park improvement account" means the state park
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2030.
(i) "State park revenues" means all revenues collected for
state parks, including but not limited to, revenue from Senator
Patty Birkholz recreation passport fees, motor vehicle permits,
concession fees, nonmotorized trail permits, fees, leases, camping
fees, sale of farm animals from Maybury state park, donations, and
gifts.
Sec. 74116. (1) Subject to subsection (4), the operator of a
nonresident motor vehicle or any 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 park 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 Senator Patty Birkholz recreation passport fee
has been paid for that motor vehicle. Payment of the Senator Patty
Birkholz 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 marked as provided under that section
to show that the Senator Patty Birkholz recreation passport fee has
been paid.
(4) 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) At a state-operated public boating access site or a state
park where there is an opportunity to fish on a day that the
department has designated as a free winter fishing day or a free
fishing day under section 43534.
(e) If and to the extent that the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
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
Senator Patty Birkholz 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 Senator
Patty Birkholz
recreation passport fee required to be paid under 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
Senator Patty Birkholz recreation passport fee paid under the
method provided for in section 805 of the Michigan vehicle code,
1949 PA 300, MCL 257.805.
(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 Senator Patty Birkholz recreation passport fee
to voluntarily pay the Senator Patty Birkholz recreation passport
fee
as a donation. The amount of the state park and state-operated
public
boating access site Senator
Patty Birkholz 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 Senator Patty
Birkholz 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 section shall provide for a
method
evidencing payment of the state park and state-operated
public
boating access site Senator
Patty Birkholz recreation
passport fee, such as the issuance and display of a permit.
Sec. 78101. As used in this part:
(a) "Commercial motor vehicle" means that term as defined in
section 74101.
(b) "Commission" means the Michigan state waterways
commission.
(c) "Department" means the department of natural resources.
(d) "Designated state-operated public boating access site"
means a state-operated public boating access site designated under
section 78105(2).
(e) "Director" means the administrative director of the
commission.
(f) "Diesel motor fuel" means any liquid fuel used in the
operation of engines of the diesel type in motor vehicles or
watercraft.
(g) "Gasoline" means gasoline, casing head or natural
gasoline, benzole, benzine, and naphtha. Gasoline also means any
liquid prepared, advertised, offered for sale, sold for use as, or
used for, the generation of power for the propulsion of motor
vehicles or watercraft, including any product obtained by blending
together any 1 or more products of petroleum, regardless of their
original names or characteristics, with or without other products,
unless the resultant product obtained is entirely incapable of use
for the generation of power for the propulsion of motor vehicles or
watercraft. Gasoline does not include diesel fuel, liquefied
petroleum gas, or commercial or industrial naphthas or solvents
manufactured, imported, received, stored, distributed, sold, or
used exclusively for purposes other than as a fuel for motor
vehicles or watercraft.
(h) "Harbor" means a portion of a lake or other body of water
either naturally or artificially protected so as to be a place of
safety for watercraft, including contrivances used or designed for
navigation on water and used or owned by the United States.
(i) "Harbor facilities" means the structures at a harbor
constructed to protect the lake or body of water and the facilities
provided within the harbor and ashore for the mooring and servicing
of watercraft and the servicing of crews and passengers.
(j) "Inland lake or stream" means that term as defined in
section 30101.
(k) "Liquefied petroleum gas" means gases derived from
petroleum or natural gases that are in the gaseous state at normal
atmospheric temperature and pressure, but that may be maintained in
the liquid state at normal atmospheric temperature by suitable
pressure.
(l) "Marina" means a site that contains harbor facilities.
(m) "Motor vehicle" means that term as defined in section
74101.
(n) "Navigable water" means any waterway navigable by vessels,
or capable of being made navigable by vessels through artificial
improvements, and includes the structures and facilities created to
facilitate navigation.
(o) "Nonresident motor vehicle" means that term as defined in
section 74101.
(p) "Person" includes any individual, partnership,
corporation, association, or body politic, except the United States
and this state, and includes any trustee, receiver, assignee, or
other similar representative of those entities.
(q) "Public boating access site" means a publicly owned site
for the launching of recreational watercraft.
(r) "Recreational boating facilities" means boat launches,
harbors, marinas, and locks assisting recreational boats accessing
water bodies at different elevations.
(s)
"Recreation passport fee" means that term as defined in
section
2001.
(s) (t)
"Resident motor vehicle"
means that term as defined in
section 74101.
(t) (u)
"Retail fuel dealer"
includes any person or persons,
both private and municipal, who engage in the business of selling
or distributing fuel within this state.
(u) (v)
"Secretary of state"
means the secretary of state of
this state, acting directly or through a duly authorized deputy,
investigators, agents, and employees.
(v) "Senator Patty Birkholz recreation passport fee" means
that term as defined in section 2001.
(w) "Vessel" means all watercraft except the following:
(i) Watercraft used for commercial fishing.
(ii) Watercraft used by the sea scout department of the
boy
scouts
Boy Scouts of America chiefly for training scouts in
seamanship.
(iii) Watercraft owned by this state, any political
subdivision of this state, or the federal government.
(iv) Watercraft when used in interstate or foreign commerce
and watercraft used or owned by any railroad company or railroad
car ferry company.
(v) Watercraft when used in trade, including watercraft when
used in connection with an activity that constitutes a person's
chief business or means of livelihood.
(x) "Watercraft" means any contrivance used or designed for
navigation on water, including, but not limited to, any vessel,
ship, boat, motor vessel, steam vessel, vessel operated by
machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat,
but does not include contrivances used or owned by the United
States.
(y) "Waterway" means any body of water.
(z) "Waterways account" means the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.
Sec. 78105. (1) The department 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 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 Senator Patty
Birkholz 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 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 state-operated public boating
access site designated under section 78105(2) with the resident
motor vehicle unless the Senator Patty Birkholz recreation passport
fee has been paid for that motor vehicle. Payment of the Senator
Patty Birkholz 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
marked as provided under that section to show that the Senator
Patty Birkholz recreation passport fee has been paid.
(4) 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) 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 90 days
after the date it is enacted into law.
