March 24, 2009, Introduced by Reps. Warren, Meekhof, Espinoza, Bennett, Young, Scripps, Miller, Lipton, Roberts, Smith, Bauer, Robert Jones, Valentine, Leland and Cushingberry and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2005, 2030, 2035, 74101, 74102a, 74116, 74117,
74122, 74123, 78105, and 83106 (MCL 324.2005, 324.2030, 324.2035,
324.74101, 324.74102a, 324.74116, 324.74117, 324.74122, 324.74123,
324.78105, and 324.83106), sections 2005, 2030, and 2035 as added
and sections 74101, 74122, 78105, and 83106 as amended by 2004 PA
587, section 74102a as amended by 2006 PA 307, sections 74116 and
74123 as added by 1995 PA 58, and section 74117 as amended by 2006
PA 477, 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. 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
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 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. 2035. (1) The waterways account is established as an
account within the legacy fund.
(2) The waterways account shall consist of both of the
following:
(a) All money in the Michigan state waterways fund, formerly
created in section 78110, the Michigan harbor development fund,
formerly created in section 78110, and the marine safety fund,
formerly created in section 80115, immediately prior to the
effective date of the amendatory act that added this section, which
money is hereby transferred to the waterways account.
(b) Revenue from the following sources:
(i) All revenue generated from watercraft registration fees
assessed on the ownership or operation of watercraft in the state,
of which not less than 49% shall be provided for law enforcement
and education.
(ii) All revenues derived from fees charged for the moorage of
watercraft at state-operated mooring facilities.
(iii) All revenues derived from fees charged for the use of
state-operated public access sites.
(iv) Transfers from the recreation improvement account.
(v) All tax revenue derived from the sale of diesel fuel in
this state that is used to generate power for the operation or
propulsion of vessels on the waterways of this state.
(vi) Other revenues as authorized by law.
(3) Money in the waterways account shall be expended, upon
appropriation, only as provided in section 2045 and parts 781, 791,
and 801 and for the administration of the waterways account, which
may include payments in lieu of taxes on state owned lands
purchased through the waterways account or through the former
Michigan state waterways fund.
Sec. 2045. (1) The department shall distribute state park,
boating access site, and forest recreation passport fee revenue
transferred to the department under section 805 of the Michigan
vehicle code, 1949 PA 300, MCL 257.805, as follows:
(a) The first $10,700,000.00 received each fiscal year shall
be deposited in the state park improvement account.
(b) The next $1,030,000.00 received each fiscal year shall be
deposited in the waterways account.
(c) 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 and recreation areas.
(ii) 30% in the state park improvement account to be used for
operations and maintenance at state parks and recreation areas.
(iii) 3% in the state park improvement account to be used for
operations, maintenance, and capital improvements of state park
cultural and historic resources.
(iv) 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.
(v) 7% in the forest recreation account to be used for state
forest campground and state forest nonmotorized trail and pathway
system operations and capital improvements.
(2) For each calendar year, beginning with 2011, the state
treasurer shall adjust the amounts set forth in subsection (1)(a)
and (b) by an amount determined by the state treasurer at the end
of each calendar year 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.
Sec. 74101. As used in this part:
(a) "Committee" means the citizens committee for Michigan
state parks created in section 74102a.
(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) "Resident motor vehicle" means a motor vehicle other than
a commercial motor vehicle that is registered as a motor vehicle in
this state.
(f) (d)
"State park" means a
state park or state recreation
area designated by the director.
(g) (e)
"State park improvement
account" means the state park
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2030.
(h) (f)
"State park revenues"
means all revenues collected for
state parks, including but not limited to, motor vehicle permits,
concession fees, nonmotorized trail permits, fees, leases, camping
fees, sale of farm animals from Maybury state park, donations, and
gifts.
Sec. 74102a. (1) The citizens committee for Michigan state
parks is created within the department.
(2) The committee shall consist of 17 individuals appointed by
the director with the advice of the commission.
(3) The members first appointed to the committee shall be
appointed
within 60 days after the effective date of the amendatory
act
that added this section by December 14, 2004.
(4) Members of the committee shall serve for terms of 4 years
or until a successor is appointed, whichever is later, except that
of the members first appointed 6 shall serve for 4 years, 6 shall
serve for 3 years, and 5 shall serve for 2 years.
(5) If a vacancy occurs on the committee, the director shall
make an appointment for the unexpired term in the same manner as
the original appointment.
(6) The committee may remove a member of the committee for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause upon a majority vote
of the members. An individual shall be removed from the committee
if he or she does not attend 4 consecutive meetings of the
committee.
(7) The first meeting of the committee shall be called by the
director. At the first meeting, the committee shall elect from
among its members a chairperson and other officers as it considers
necessary or appropriate. After the first meeting, the committee
shall meet at least twice each year, or more frequently at the call
of the chairperson or if requested by 9 or more members.
(8) Nine members of the committee constitute a quorum for the
transaction of business at a meeting of the committee. A majority
of the members present and serving are required for official action
of the committee.
(9) The business that the committee may perform shall be
conducted at a public meeting of the committee held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the committee in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the committee shall serve without
compensation. However, members of the committee may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the committee.
(12) The committee shall do all of the following:
(a) Advise and make recommendations to the governor, the
commission, and the legislature on state parks policy and provide
guidance on state parks development, management, and planning
issues.
(b) Seek the development of a broad variety of programs,
facilities,
and services for our Michigan citizens
utilizing the
state parks.
(c) Inform and educate the public about the importance of and
need for state parks.
(d) Strive to involve citizens in the planning and development
of state parks and to ensure that the facilities, programs, and
projects are barrier-free and accessible to all citizens.
(e) Establish and maintain effective public relations
regarding state parks, utilizing all appropriate communications
media.
(f) Advise on financial planning and pursue adequate budget
support for state parks.
(g) Serve as a liaison and coordinate with other agencies to
ensure a cooperative effort to provide the most effective and
economical services possible at state parks.
(h)
Within 2 years after the effective date of the amendatory
act
that added subdivision (j) By
July 20, 2008 and
periodically
thereafter, evaluate and submit a report to the standing committees
of the legislature with jurisdiction over issues pertaining to
natural resources and the environment on the state parks programs,
facilities,
services, and relationships to assure ensure that the
committee's goals and objectives are being achieved.
(i) Advise and make recommendations to the department on the
gem of the parks award, the state parks volunteer of the year
award, and the state parks employee of the year award established
under section 74124.
(j) Review and make recommendations to the department on
whether land within a state park should be transferred as provided
in section 74102b.
(13) By December 31, 2009, the committee 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 contain
recommendations for savings in state park and forest recreation
programs. Savings in state park programs equivalent to at least 10%
of the cumulative expenditures for state park programs during the
fiscal year ending September 30, 2009 shall be identified. In
developing recommendations, the committee shall consult with the
department and interested parties. The committee shall consider at
least all of the following:
(a) Increased preventative maintenance.
(b) Energy conservation and efficiency.
(c) Transfer of functions between the forest, mineral, and
fire management division and the parks and recreation division, or
successors thereof, with respect to public boating access sites,
state forest nonmotorized trails or pathways, state forest
campgrounds, and other facilities to achieve more efficient use of
personnel.
(d) Contracting major maintenance or renovation work to
private parties.
(14) (13)
The chairperson of the committee
shall ensure that
all proposed policy positions of the committee are sent to the
committee
members at least 1 week in advance of before the meeting
at which the policy position will be acted upon. The committee may
adopt an emergency resolution that has not been sent to committee
members
at least 1 week prior to before
a meeting of the committee,
but only upon the approval of 3/4 of those present at the meeting.
Sec. 74116. (1) The department shall designate the state parks
in which a motor vehicle park permit is required for lawful entry
by a nonresident motor vehicle or commercial motor vehicle. The
department shall designate only those parks in which state
facilities and services are provided for the public. The department
may designate portions of state parks where a motor vehicle park
permit is not necessary for a nonresident motor vehicle or
commercial motor vehicle. The department shall post signs at
designated parks or designated portions of parks that state that a
motor
vehicle park permit is required . A for
entry by a
nonresident motor vehicle or commercial motor vehicle. Subject to
subsection (2), a person shall not enter, in a nonresident motor
vehicle or commercial motor vehicle, any state park or portion of a
state park in which a motor vehicle park permit is required without
a
valid motor vehicle park permit
affixed to the vehicle. A valid
motor
vehicle park permit procured
pursuant to section 74117 shall
be
permanently affixed to the lower right-hand corner of the
windshield. of
any motor vehicle entering a state park or portion
of
a state park in which a motor vehicle park permit is required,
except
that a An annual motor
vehicle park permit shall be affixed
permanently for that year.
(2) A motor vehicle park permit is not required to be affixed
to
a nonresident motor vehicle or
commercial motor vehicle while
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.
The requirement to obtain a motor vehicle park permit does
not
apply to motor vehicles
(b) For entry into a state park of a motor vehicle used in the
operation
or maintenance of a state parks, to emergency vehicles,
or
to state-owned or law enforcement motor vehicles or private
motor
vehicles park,
of an emergency motor vehicle, or of a private
motor vehicle being operated on official state business.
Sec.
74117. (1) The department may require park permits and
collect
park permit fees for entry into a state park or portion of
a
state park posted in the manner prescribed by this part. The
department may waive the motor vehicle park permit requirement
under section 74116 for department-sponsored events or other
circumstances as determined by the director or the director's
designee. The department shall prepare and distribute park permits
to implement this part.
(2) Except as otherwise provided in this section, an annual
nonresident motor vehicle park permit shall be issued and shall
authorize
the entry of the a
nonresident motor vehicle to which it
is
originally attached within the confines of any state park or
recreation
area during the calendar year for
which it is issued.
The
fee for the annual nonresident motor
vehicle park permit is as
follows:
(a)
Until January 1, 2010, for the owner of a resident motor
vehicle,
$24.00, except as follows:
(i) The fee for the owner of a resident motor vehicle
who is 65
years
of age or older is $6.00.
(ii) The fee for the owner of a resident motor vehicle
who, at
the
time of purchase, is in possession of a food stamp card and
personal
identification is $18.00.
(b)
Until January 1, 2010, for
the owner of a nonresident
motor
vehicle , is
$29.00.
(3) A daily motor vehicle park permit, valid for 1 day only,
shall
authorize the entry of the a
nonresident motor vehicle or
commercial motor vehicle to which it is originally attached within
the confines of a state park during the day for which it is issued.
The
fee for a daily permit is as follows:
(a)
Until January 1, 2010, for the owner of a resident motor
vehicle,
$6.00.
(b)
Until January 1, 2010, for the owner of a nonresident
motor
vehicle , park
permit is $8.00. The fee for a daily
commercial motor vehicle park permit is $15.00.
(4) A person who has obtained an annual nonresident motor
vehicle park permit under this section for a recreational vehicle
to be used as a stationary primary camping shelter camped legally
in and not moved from a state park campground during the period of
the camping stay may obtain a duplicate nonresident motor vehicle
park permit for a towed second motor vehicle present at the time of
entry for a fee of $6.00 effective for the duration of the camping
stay.
(5) The department shall provide to the standing committees in
the senate and house of representatives along with the appropriate
budget subcommittees that primarily consider issues pertaining to
natural resources an annual report that details the revenue stream
generated by the fee structure under this section. This report
shall be presented not later than December 31 each year and shall
include information on the impact of the revenue stream 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, the use of the general fund for funding the state
park system, and other relevant issues that impact funding needs
for the state park system.
(6)
This part applies only to the entry of motor vehicles into
the
state parks and to the park permits authorized in this part and
does
not obviate the necessity of obtaining additional permits for
special
services or park privileges as previously or subsequently
may
be required by law or by rules promulgated by the department.
The department shall designate each person in the state authorized
to sell park permits and shall require as a condition of the
designation
that a surety bond be furnished in an amount and in a
form
and with the a surety as is acceptable to the department.
After being designated by the department, a person may issue park
permits in accordance with this part.
(7)
Commercial motor coaches or vans with a capacity of more
than
12 passengers are not eligible to enter a state park with an
annual
park permit. Until January 1,
2010, the daily fee to allow
commercial
motor coaches or vans with a capacity of over 12
passengers
daily entry into a state park is $15.00.
(8)
The department may add to the cost of a reservation or a
motor
vehicle entrance or camping fee the charges that the state
incurs
because of the use of a credit card.
(7) (9)
If a person's annual nonresident motor vehicle park
permit is lost or destroyed, the department shall provide that
person with a replacement motor vehicle park permit free of charge.
The department may require a person requesting a replacement motor
vehicle park permit to supply sufficient evidence of the loss or
destruction of the original motor vehicle park permit.
(10)
It is the intent of the legislature that if, on September
30
of any state fiscal year, the amount of money in the
countercyclical
budget and economic stabilization fund created in
section
351 of the management and budget act, 1984 PA 431, MCL
18.1351,
exceeds $250,000,000.00, then general fund/general purpose
support
for state parks operations for the following state fiscal
year
shall be equal to or exceed 50% of the revenues generated by
motor
vehicle entrance fees under this section during the previous
state
fiscal year.
(11)
As used in this section, "resident motor vehicle" means a
vehicle
that is registered as a motor vehicle in this state.
(8) The department may add to the cost of a reservation or a
motor vehicle park permit or camping fee the charges that the state
incurs because of the use of a credit card.
(9) This section and section 74116 apply only to the entry of
motor vehicles into state parks and to the park permits authorized
in this part and do not obviate the necessity of obtaining
additional permits for special services or park privileges as may
be required by law or by rules promulgated by the department.
Sec. 74122. (1) A person who violates this part or a rule
promulgated under this part is guilty of a misdemeanor. In any
proceeding for the violation of this part or a rule promulgated
under
this part, where if a motor vehicle required to have a motor
vehicle park permit under section 74117 is found parked in a state
park
without the required motor vehicle park permit affixed, is
found
parked in any state park, 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.
(2) In addition to the penalties provided for in subsection
(1), a person convicted of an act of vandalism shall reimburse the
department up to 3 times the amount of the damage as determined by
the court. All money collected pursuant to this subsection shall be
credited to the state park improvement account.
Sec. 74123. The department may establish a fine for failure to
purchase
a motor vehicle park permit which required under section
74117.
The fine shall be twice the cost of a
an annual nonresident
motor
vehicle entrance park permit. or daily permit as established
by
this part or by the department.
Sec. 78105. The department shall have 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 the this state. of Michigan.
(b) To acquire, by purchase, lease, gift, or condemnation the
lands, rights of way, and easements necessary for harbors and
channels.
The For the purposes of
this subdivision, the department
shall be considered a state agency under 1911 PA 149, MCL 213.21 to
213.25. ,
relative to condemnation by state agencies.
(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 the this state of Michigan and the governor
of
Michigan in
dealings with the chief of engineers of the United
States 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 charge fees for both daily and seasonal use of state-
operated
public access sites, if the cost of collecting the fees
will
not exceed the revenue derived from the fees for daily and
seasonal
passes. All revenues derived from this source shall be
deposited
in the waterways account. A seasonal pass shall grant the
permittee
the right to enter any state-operated public access site
without
payment of an additional fee.
(h) (i)
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.
Sec. 83106. (1) The department may require a person to obtain
a permit for camping in designated state forest campgrounds and may
establish and collect a fee for the camping permit. However, at
least 6 months before increasing a camping permit fee, the
department shall provide written notice of its intent to do so to
the standing committees of the senate and the house of
representatives that have primary jurisdiction over legislation
pertaining to natural resources and the environment.
(2) The department may require a person to obtain a permit,
except as otherwise provided by law, for the use of lands and
facilities within the state forest as designated by the department
for recreation use. The department shall not require a permit or
payment of a fee for use of a state forest nonmotorized trail or
pathway or state forest campground facility except as provided in
subsection (1) or otherwise provided in this act.
(3) Money collected under this section shall be deposited into
the forest recreation account.
Enacting section 1. Sections 1909 and 1910 of the natural
resources and environmental protection act, 1994 PA 451, MCL
324.1909 and 324.1910, are repealed.
Enacting section 2. This amendatory act takes effect January
1, 2010.
Enacting section 3. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4678(request no.
00557'09 *) of the 95th Legislature is enacted into law.