LANSING – Beginning next summer Michigan state parks could be supported by a vehicle registration fee rather than the current windshield stickers. But that plan could also be held up in court if it passes in the coming months.
A joint meeting of the House Great Lakes and Environment Committee and the Senate Natural Resources and Environmental Affairs Committee began collecting testimony Wednesday on the plan (HB 4677 , HB 4678 , SB 388 , SB 389 ) to include a $10 fee on vehicle registrations, from which residents could opt out, to cover state parks and forests as well as some recreation programs.
Supporters argued the proposal, if it follows the trend of the Montana program on which it was based, could provide substantially more, and more stable, funding for recreation programs in the state than the current revenue from the state park passes and camping fees and the Natural Resources Trust Fund.
But opponents continued to argue the proposal would violate constitutional requirements that vehicle registration fees be used only for road construction and maintenance. And there were concerns raised in committee that now was not the best time to be looking for increased funds for recreation.
“I see this as an opportunity to double the Natural Resources Trust Fund grant dollars,” said Murdock Jemerson, chair of the Citizens Committee for Michigan State Parks that developed the plan.
“This is not a move to expand the parks, this is a move to take care of what we’ve got,” said Chuck Nelson, chair of the committee’s Long-Term Finance Committee.
Nelson and others also said the parks are essential to trying to rebuild the state’s economy through attracting tourism. “There’s no question in our mind. We need great destinations to get people to come to Michigan,” he said. “Nobody wanders Michigan like they do Indiana to get to somewhere else. You have to want to be here. If at the end of a long drive is a long line, dirty bathrooms, broken facilities, that’s not the message we want to send.”
“For the first time we going to see the opportunity to create a passport to recreation for all residents,” said Natural Resources Commission member Hurley Coleman (D-Saginaw).
But officials with the County Road Association of Michigan and the Michigan Municipal League continued to raise concerns that the fee would violate constitutional provisions on the use of vehicle registration fees.
“To try to compare this to voluntary fundraising plate is not appropriate,” said Ed Noyola with the CRAM. “This is an opt-out program.”
David Worthams with the MML said his organization would support the proposal if it was an opt-in program like the fundraising license plates.
“We believe in the way that this is structured this is not a fee, it’s a tax,” Worthams said. “It’s so different from the other voluntary fees in the vehicle code. To have a voluntary opt-out scenario would be very unique in the vehicle code. It kind of raises a flag for us.”
But Sen. Patricia Birkholz (R-Saugatuck), chair of the Senate committee, said the attorneys she and others have consulted with have said the program would not be unconstitutional.
“We feel very comfortable with Legislative Service Bureau and their attorneys who drafted the legislation for us,” she said. “We feel we’re on very safe, good and solid legal ground.”
But she said the committee has also requested a formal opinion from Attorney General Mike Cox on the issue.
Doug Novak with the Department of State was heartened that the sponsors had asked for an attorney general opinion, but said he was still concerned about the cost of the package, in both money and time, to his department.
“We’re going to see lots of questions at our counter and our call center,” Novak said. “Every question adds to branch office transaction times.”
He expected there would be requests for refunds of the fees by people who did not see the opt-out check box or otherwise felt they should not have paid the fee. “We have people making mistakes on the registration with the information that’s on there as it is,” he said.
Novak also said it would be impossible for the department to implement the new fee by January 1 as the bills would require given the other computer system changes underway.
“We’d be happy to work out the technical issues,” Birkholz said, adding that the bills provide funding, .5 percent of revenues collected, to cover the department’s costs for collecting the fee.
Not all parks and conservation groups supported the proposal. LuAnne Kozma, Michigan director of Defense of Place, said in a prepared statement that the proposal pushes the public responsibility to fund parks onto a select group of residents who choose to contribute.
“This legislation is a short term funding gimmick that undermines public support for public parks. The State of Michigan must recognize its essential governmental role and obligation to perpetually support Michigan’s state parks,” Kozma said. “This legislation is a step on the path to privatization.”
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