HB-4678, As Passed House, December 10, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4678
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2001, 2005, and 2030 (MCL 324.2001, 324.2005,
and 324.2030), as added by 2004 PA 587, and by adding sections 1911
and 2045; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1911. (1) The local public recreation facilities fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the local public recreation facilities
fund. The state treasurer shall direct the investment of the local
public recreation facilities fund. The state treasurer shall credit
to the local public recreation facilities fund interest and
earnings from local public recreation facilities fund investments.
(3) Money in the local public recreation facilities fund at
the close of the fiscal year shall remain in the local public
recreation facilities fund and shall not lapse to the general fund.
(4) The department of natural resources shall be the
administrator of the local public recreation facilities fund for
auditing purposes.
(5) The department of natural resources shall expend money
from the local public recreation facilities fund, upon
appropriation, only for grants to local units of government for the
development of public recreation facilities pursuant to the same
procedures of the board and guidelines as apply under section 1907.
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) (f)
"Snowmobile account"
means the snowmobile account of
the legacy fund provided for in section 2025.
(h) (g)
"State park improvement
account" means the state park
improvement account of the legacy fund provided for in section
2030.
(i) (h)
"Waterways account" means
the waterways account of the
legacy fund provided for in section 2035.
Sec. 2005. (1) The forest recreation account is established as
an account within the legacy fund.
(2) The forest recreation account shall consist of both of the
following:
(a) All money in the forest recreation fund, formerly created
in section 83104, immediately prior to the effective date of the
amendatory act that added this section, which money is hereby
transferred to the forest recreation account.
(b) Revenue from the following sources:
(i) Revenue derived from concessions, leases, contracts, and
fees from recreational activities on state forestlands.
(ii) Other revenues as authorized by law.
(3) Money in the forest recreation account shall be expended,
upon appropriation, only as provided in section 2045 and part 831
and for the administration of the forest recreation account.
(4) Money in the forest recreation account may be expended
pursuant to subsection (3) for grants to state colleges and
universities to implement programs funded by the forest recreation
House Bill No. 4678 (H-3) as amended December 10, 2009 (1 of 2)
account.
Sec. 2030. (1) The state park improvement account is
established as an account within the legacy fund.
(2) The state park improvement account shall consist of both
of the following:
(a) All money in the state park improvement fund, formerly
created in section 74108, immediately prior to the effective date
of the amendatory act that added this section, which money is
hereby transferred to the state park improvement account.
(b) Revenue from the following sources:
(i) Revenue derived from concessions, leases, contracts, fees,
and permits from activities in or entry into state parks and
recreation areas.
(ii) Unless otherwise provided by law, damages paid for illegal
activities in state parks and recreation areas.
(iii) Other revenues as authorized by law.
(3) Money in the state park improvement account shall be
expended, upon appropriation, only as provided in section 2045 and
part 741 and for the administration of the state park improvement
account.
(4) Money in the state park improvement account may be
expended pursuant to subsection (3) for grants to state colleges
and universities to implement programs funded by the state park
improvement account.
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
House Bill No. 4678 (H-3) as amended December 10, 2009
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
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
House Bill No. 4678 (H-3) as amended December 10, 2009
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) 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).
House Bill No. 4678 (H-3) as amended December 10, 2009
(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 adequacy of the revenue described in subdivision (a)
for each of the purposes for which it is allocated under subsection
(1).
(f) The impact of the state park revenue stream described in
subdivisions (a)[ AND (B)] 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.
(g) Other relevant issues that affect funding needs for the
state park system.
(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) 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.
Enacting section 1. Sections 1909, 1910, and 74123 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.1909, 324.1910, and 324.74123, are repealed effective
October 1, 2010.
Enacting section 2. This amendatory act takes effect October
1, 2010.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 388.
(b) Senate Bill No. 389.
(c) House Bill No. 4677.