Michigan Laws 324.2045 – Recreation passport fee revenue
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Terms Used In Michigan Laws 324.2045
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Forest recreation account: means the forest recreation account of the legacy fund provided for in section 2005. See Michigan Laws 324.2001
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Michigan Laws 324.2001
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- State park improvement account: means the state park improvement account of the legacy fund provided for in section 2030. See Michigan Laws 324.2001
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Waterways account: means the waterways account of the legacy fund provided for in section 2035. See Michigan Laws 324.2001
(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.
(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 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) By January 15 of each year, the department, in consultation with the department of state, shall estimate the amount of additional revenue that would have been collected as recreation passport fees during the immediately preceding state fiscal year if owners of resident motor vehicles described in sections 74116(4)(c) and 78119(4)(b) were not exempt under those provisions from paying the recreation passport fee. The department shall estimate the amount as follows:
(a) Determine the total number of resident motor vehicles described in sections 74116(4)(c) and 78119(4)(b).
(b) Multiply the number under subdivision (a) by the percentage of resident motor vehicles with single-year registrations for which a recreation passport fee was paid during the preceding state fiscal year.
(c) Subtract from the result under subdivision (b) the number of resident motor vehicles described in sections 74116(4)(c) and 78119(4)(b) for which a recreation passport fee was paid during the preceding state fiscal year under rules promulgated under section 74120(3).
(d) Multiply the result under subdivision (c) by the current amount of the recreation passport fee during the preceding state fiscal year.
(4) The legislature shall annually appropriate from the general fund a sum equal to the amount estimated under subsection (3). The sum appropriated shall be distributed as provided in subsection (1)(d).
(5) 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. 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 amount of revenue received during the preceding state fiscal year under subsection (4).
(f) The adequacy of the revenue described in subdivisions (a) and (e) for each of the purposes for which it is allocated under subsection (1).
(g) The impact of the state park revenue stream described in subdivisions (a), (b), and (d) 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.
(h) Other relevant issues that affect funding needs for the state park system.
(6) 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 (5).
(7) 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.