December 7, 2005, Introduced by Senators McMANUS, KUIPERS, JELINEK and GARCIA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 74117 and 81116 (MCL 324.74117 and 324.81116),
section 74117 as amended by 2003 PA 170 and section 81116 as
amended by 2003 PA 111.
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
issues pertaining to natural resources issues an annual
report that details 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 section 74119, 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.
(6) (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
department, a person may issue park permits in
accordance with this part.
(7) (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.
(8) (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.
(9) If a person's annual park permit is lost or destroyed, the
department shall provide that person with a replacement park permit
free of charge. The department may require a person requesting a
replacement park permit to supply sufficient evidence of the loss
or destruction of the original park permit.
(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.
(11) As used in this section, "resident motor vehicle" means a
vehicle that is registered as a motor vehicle in this state.
Sec. 81116. (1) The owner of an ORV requiring licensure under
this part shall file an application for a license with the
department or a dealer on forms provided by the department. If an
ORV is sold by a dealer, the application for a license shall be
submitted to the department by the dealer in the name of the owner.
The application shall be signed by the owner of the vehicle and
shall be accompanied by a fee of $16.25. A person shall not file an
application for registration that contains false information. Upon
receipt of the application in approved form and upon payment of the
appropriate fee, the department or dealer shall issue to the
applicant a license which shall be valid for the 12-month period
for which it is issued. A license shall be issued for the 12-month
period beginning April 1 and ending March 31 each year.
(2) Dealers may purchase from the department ORV licenses for
resale to owners of vehicles requiring licensure under this part.
The department shall refund to dealers the purchase price of any
ORV licenses returned within 90 days after the end of the 12-month
period for which they were valid. The dealer shall maintain and
provide to the department records of ORV license sales on forms
provided by the department. In addition to the sale of ORV
licenses, a dealer engaged in the sale, lease, or rental of ORVs as
a regular business may sell any other license or permit authorized
by the department to be sold by other dealers under the statutes of
this state.
(3) The license shall be permanently attached to the vehicle
in the manner prescribed and in the location designated by the
department before the vehicle may legally be operated in accordance
with this part.
(4) If at the time of sale the purchaser certifies on a form
provided by the department that the purchased vehicle otherwise
requiring a license under this part will be used and stored outside
of this state and will not be returned by the purchaser to this
state for use, then a license is not required.
(5) If a license acquired by the owner of an ORV is lost or
destroyed, the department shall provide that person with a
replacement license free of charge. The department may require a
person requesting a replacement license to supply sufficient
evidence of the loss or destruction of the original license.