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.