Bill Text: MI SB1141 | 2017-2018 | 99th Legislature | Engrossed

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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-Engrossed.html

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SB-1141, As Passed Senate, December 4, 2018

 

 

 

 

 

 

 

 

 

 

 

 

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.