Bill Text: MI SB1259 | 2017-2018 | 99th Legislature | Engrossed

---

Bill Title: Recreation; state parks; recreation passport fee; modify distribution of revenue. Amends secs. 2001 & 2045 of 1994 PA 451 (MCL 324.2001 & 324.2045).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-12-18 - Referred To Committee On Natural Resources [SB1259 Detail]

Download: Michigan-2017-SB1259-Engrossed.html

---

SB-1259, As Passed Senate, December 13, 2018

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1259

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 2001, 2045, 74116, and 78119 (MCL 324.2001,

 

324.2045, 324.74116, and 324.78119), section 2001 as amended by

 

2010 PA 32, sections 2045 and 78119 as amended by 2013 PA 81, and

 

section 74116 as amended by 2016 PA 1.

 

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 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 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% 75% 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.

 

     (ii) (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.

 

     (iii) (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.

 

     (iv) (v) 10% 15% 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.

 

     (v) (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 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 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 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) 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 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 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 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 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 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 marked as provided under that section

to show that the recreation passport fee has been paid for that

 

motor vehicle.

 

     (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 , or state , or county highway or county

 

road 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 as described in 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. 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 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

 

marked as provided under that section to show that the recreation

 

passport fee has been paid for that motor vehicle.

 

     (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 as described in 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 February

 

19, 2019.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 1258 of the 99th Legislature is enacted into

 

law.