Act No. 32

Public Acts of 2010

Approved by the Governor

March 31, 2010

Filed with the Secretary of State

March 31, 2010

EFFECTIVE DATE: October 1, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Rep. Meekhof

ENROLLED HOUSE BILL No. 5752

AN ACT to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” 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) “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. 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 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 be deposited in the state park improvement 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 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).

(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.

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. 389.

(b) House Bill No. 4677.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor