February 20, 2013, Introduced by Rep. Foster and referred to the Committee on Military and Veterans Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 74101, 74116, and 78119 (MCL 324.74101,
324.74116, and 324.78119), sections 74101 and 74116 as amended by
2010 PA 33 and section 78119 as added by 2010 PA 34.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74101. As used in this part:
(a) "Commercial motor vehicle" means a commercial vehicle as
defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL
257.7.
(b) "Disabled veteran" means a resident who served in the
army, air force, navy, marine corps, or coast guard, who was
released from his or her military service with an honorable or
general discharge, and who, as determined by the United States
department of veterans affairs, is at least 30% disabled as a
result of military service and entitled to veterans' benefits.
(c) (b)
"Improvement program"
means the construction,
reconstruction, development, improvement, bettering, operating,
maintaining, and extending a facility at a state park, including a
site improvement, impoundment, road and parking lot, toilet
building, concession building, shelter building, bathhouse,
utility, outdoor center, visitor service facility, ski area, ski
tow, ski shelter, and administration unit.
(d) (c)
"Motor vehicle" means a
vehicle that is self-
propelled.
(e) (d)
"Nonresident motor
vehicle" means a motor vehicle
other than a commercial motor vehicle that is not registered as a
motor vehicle in this state.
(f) (e)
"Recreation passport fee"
means that term as defined
in section 2001.
(g) (f)
"Resident motor vehicle"
means a motor vehicle other
than a commercial motor vehicle that is registered as a motor
vehicle in this state.
(h) (g)
"State park" means a
state park or state recreation
area designated by the director.
(i) (h)
"State park improvement
account" means the state park
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2030.
(j) (i)
"State park revenues"
means all revenues collected for
state parks, including but not limited to, revenue from recreation
passport fees, motor vehicle permits, concession fees, nonmotorized
trail permits, fees, leases, camping fees, sale of farm animals
from Maybury state park, donations, and gifts.
Sec.
74116. (1) Subject to subsection (4), subsections (4) and
(5), the operator of a nonresident motor vehicle or commercial
motor vehicle shall not enter any state park with that motor
vehicle unless a valid motor vehicle park permit issued under
section 74117 is affixed to the lower right-hand corner of the
windshield. An annual motor vehicle park permit for a nonresident
motor vehicle shall be affixed permanently for that year. The
department shall post signs at parks that state that a motor
vehicle permit is required for entry by a nonresident motor vehicle
or commercial motor vehicle.
(2)
Subject to subsection (4), subsections
(4) and (5), the
operator of a resident motor vehicle shall not enter a state park
with the resident motor vehicle unless the recreation passport fee
has been paid for that motor vehicle.
(3)
Subject to subsection (4), subsections
(4) and (5), if the
secretary of state issues registration tabs or stickers as
described in section 805 of the Michigan vehicle code, 1949 PA 300,
MCL 257.805, the operator of a resident motor vehicle shall not
enter a state park with the resident motor vehicle unless the
resident motor vehicle has a registration tab or sticker or
temporary registration plate marked as provided under that section
to show that the recreation passport fee has been paid.
(4)
The requirements of subsections Subsections
(1) to (3) do
not apply under any of the following circumstances:
(a) While the motor vehicle is being driven or parked within
an established federal, state, or county highway within a state
park.
(b) If the motor vehicle is used in the operation or
maintenance of a state park, is an emergency motor vehicle, is a
state owned or law enforcement motor vehicle, or is a private motor
vehicle being operated on official state business.
(c) If and to the extent the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
(5) Subsections (1) to (3) do not apply if a disabled veteran
annual motor vehicle park permit is affixed to the lower right-hand
corner of the windshield. The disabled veteran annual motor vehicle
park permit shall be affixed permanently for the year. The
department shall issue a disabled veteran annual motor vehicle park
permit free of charge to an individual upon presentation of proof
acceptable to the department that the individual is a disabled
veteran. A disabled veteran annual motor vehicle park permit
authorizes the entry of a motor vehicle to which it is originally
attached within any state park during the calendar year for which
it is issued. A disabled veteran annual motor vehicle park permit
shall not be used for a commercial motor vehicle.
Sec.
78119. (1) Subject to subsection (4), subsections (4) and
(5), a person shall not enter, in a nonresident motor vehicle or
commercial motor vehicle, a designated state-operated public
boating access site without a valid pass affixed to the lower
right-hand corner of the windshield. A seasonal pass shall be
affixed permanently for the season.
(2)
Subject to subsection (4), subsections
(4) and (5), the
operator of a resident motor vehicle shall not enter a designated
state-operated public boating access site with the resident motor
vehicle unless the recreation passport fee has been paid for that
motor vehicle.
(3)
Subject to subsection (4), subsections
(4) and (5), if the
secretary of state issues registration tabs or stickers as
described in section 805 of the Michigan vehicle code, 1949 PA 300,
MCL 257.805, the operator of a resident motor vehicle shall not
enter a designated state-operated public boating access site with
the resident motor vehicle unless the resident motor vehicle has a
registration tab or sticker or temporary registration plate marked
as provided under that section to show that the recreation passport
fee has been paid.
(4)
The requirements of subsections Subsections
(1) to (3) do
not apply under any of the following circumstances:
(a) If the motor vehicle is used in the operation or
maintenance of the public boating access site, is an emergency
motor vehicle, is a state-owned or law enforcement motor vehicle,
or is a private motor vehicle being operated on official state
business.
(b) If and to the extent the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
(5) Subsections (1) to (3) do not apply if a disabled veteran
annual motor vehicle park permit is affixed to the lower right-hand
corner of the windshield. The disabled veteran annual motor vehicle
park permit shall be affixed permanently for the year. The
department shall issue a disabled veteran annual motor vehicle park
permit free of charge to an individual upon presentation of proof
acceptable to the department that the individual is a disabled
veteran. A disabled veteran annual motor vehicle park permit
authorizes the entry of a motor vehicle to which it is originally
attached within any state park during the calendar year for which
it is issued. A disabled veteran annual motor vehicle park permit
shall not be used for a commercial motor vehicle.
(6) (5)
A person who violates subsection
(1), (2), or (3) is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $100.00. A person shall not be cited
for a violation of both subsections (2) and (3) for the same
incident.
(7) (6)
In any proceeding for the violation
of this part or a
rule promulgated under this part, if a motor vehicle is found
parked in a designated state-operated public boating access site,
the registration plate displayed on the motor vehicle constitutes
prima facie evidence that the owner of the motor vehicle was the
person who parked or placed it at the location where it was found.