Act No. 170

Public Acts of 2003

Approved by the Governor

August 11, 2003

Filed with the Secretary of State

August 13, 2003

EFFECTIVE DATE: January 1, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2003

Introduced by Senators Brater and McManus

ENROLLED SENATE BILL No. 537

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, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section74117 (MCL 324.74117), as added by 1995 PA 58; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

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 shall prepare and distribute park permits to implement this part.

(2) Except as otherwise provided in this section, an annual park permit shall be issued and shall authorize the entry of the 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 park permit is as follows:

(a) Until January 1, 2007, 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, 2007, for the owner of a nonresident motor vehicle, $29.00.

(3) A daily permit, valid for 1 day only, shall authorize the entry of the 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, 2007, for the owner of a resident motor vehicle, $6.00.

(b) Until January 1, 2007, for the owner of a nonresident motor vehicle, $8.00.

(4) A person who has obtained an annual motor vehicle 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 motor vehicle permit for a towed second motor vehicle present at the time of entry for a fee of $6.00 effective for the duration of camping stay.

(5) The department shall provide an annual report to the standing committees in the senate and house of representatives along with the appropriate budget subcommittees that primarily consider natural resources issues that detail 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 section74119, 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) A resident motor vehicle is a vehicle that is registered as a motor vehicle in this state.

(7) 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 surety as is acceptable to the department. After being designated by the Department, a person may issue park permits in accordance with this part.

(8) 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, 2007, 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.

(9) 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.

(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.

Enacting section 1. Section 74109 of the natural resources and environmental protection act, 1994 PA 451, MCL324.74109, is repealed.

Enacting section 2. This amendatory act takes effect January 1, 2004.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor