January 13, 2011, Introduced by Reps. Kowall, Damrow and Jacobsen and referred to the Committee on Transportation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2035 and 80117 (MCL 324.2035 and 324.80117),
section 2035 as added by 2004 PA 587 and section 80117 as added by
1995 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
before December 23, 2006, 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. marine safety
education and marine patrols as
provided under section 80117.
(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 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. 80117. (1) Each county of the state is entitled to
receive state aid as provided in this part. A county board of
commissioners desiring to conduct a marine safety program shall
submit to the department by December 31 of each year an estimate of
authorized expenditures for the following calendar year, in the
form
and containing the information the department requires. The
department
shall review the entire request and may approve the
county
request for state aid. The
department shall annually
disburse 49% of all watercraft registration fees collected in the
previous year to participating counties. The department shall
annually
survey the marine safety program of each county to assist
in
determining the amount of state aid to be allocated to a county
for
its marine safety program. In making its annual determination
of
the amount of state aid to be allocated to a county, the
department
shall develop and employ a formula which shall include
such
factors as: ascertain whether
it is using funding under this
section exclusively for marine safety education and marine patrols.
To determine the amount of each annual disbursement to a county
under this section, the department shall employ a formula that is
based only on the following criteria in a descending order of
priority:
(a)
The number of students to be trained in boating safety in
any
United States coast guard auxiliary, United States power
squadron,
or department-sponsored marine safety classes.
(b)
The number of boat user days.
(c)
The number of livery boats.
(d)
Program effectiveness measured by comparing the existing
rate
of compliance with current statutes to the acceptable rate of
compliance
determined by the department.
(e)
The number and type of boat access areas requiring a
county
marine safety program.
(f)
The water area of the county.
(a) The number of watercraft registered in the county.
(b) The number of calls for marine service handled by the
primary responding law enforcement agency during the previous year.
(c) The number and type of boat access areas requiring a
county marine safety program.
(d) The number of livery inspections conducted.
(e) The number of students certified in a department-
recognized boating safety class.
(2) A determination of the amount of state aid allocated to a
county under this part shall not be based, wholly or in part, upon
the number of vessels within that county that are stopped or
inspected under section 80166.
(3) State aid allocated to a county under this part shall be
used exclusively for the conduct of the county marine safety
program as provided by this part and rules promulgated under this
part. Within 90 days after the close of each calendar year, a
county board of commissioners shall submit to the department a
statement of authorized expenditures actually incurred, in the form
and containing the information that the department requires. A
county that provides the department with statements or supplements
to statements subsequent to the 90-day period is not eligible for
state aid under this part.
(4) The department shall annually post on its website the
formula used to determine the amount of state aid and the total
amount of watercraft registration fees collected annually by each
county.