June 7, 2018, Introduced by Rep. Victory and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2001, 72302, 74101, 74116, 74117, 74120,
74122, 78101, 78105, and 83106 (MCL 324.2001, 324.72302, 324.74101,
324.74116, 324.74117, 324.74120, 324.74122, 324.78101, 324.78105,
and 324.83106), section 2001 as amended by 2010 PA 32, section
72302 as added by 1995 PA 58, sections 74101 and 74122 as amended
by 2010 PA 33, section 74116 as amended by 2016 PA 1, sections
74117, 74120, and 78105 as amended by 2013 PA 81, section 78101 as
amended by 2010 PA 302, and section 83106 as amended by 2010 PA 34;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2001. As used in this part:
(a) "Forest recreation account" means the forest recreation
account of the legacy fund provided for in section 2005.
(b) "Game and fish protection account" means the game and fish
protection account of the legacy fund provided for in section 2010.
(c) "Legacy fund" means the Michigan conservation and
recreation legacy fund established in section 40 of article IX of
the state constitution of 1963 and provided for in section 2002.
(d) "Off-road vehicle account" means the off-road vehicle
account of the legacy fund provided for in section 2015.
(e) "Recreation improvement account" means the recreation
improvement account of the legacy fund provided for in section
2020.
(f)
"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
257.805,
or under rules promulgated under section 74120(2).that
term as defined in section 74101.
(g) "Snowmobile account" means the snowmobile account of the
legacy fund provided for in section 2025.
(h) "State park improvement account" means the state park
improvement account of the legacy fund provided for in section
2030.
(i) "Waterways account" means the waterways account of the
legacy fund provided for in section 2035.
Sec.
72302. (1) Within Subject
to legislative appropriations,
the department shall make a survey and prepare a master plan for a
state system of trails with campsites and necessary facilities that
takes into account points of historical interest and scenic beauty.
Revisions of the plan may be made from time to time. On those parts
of the trail that are not public roads, the department may prohibit
motor equipment. The department may provide, develop, and maintain
a system of trails with campsites and necessary facilities for the
use of the public, within the appropriations made for those
purposes by the legislature.
(2) The operator of a motor vehicle shall not enter a state
trailhead designated by the director as requiring a recreation
passport, except in compliance with the recreation passport
requirements of part 741.
(3) As used in this section, "state trailhead" means a state-
operated parking lot and any associated facilities that provide
motor vehicle parking access to a designated trail, route, or
pathway.
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) "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.
(c) "Motor vehicle" means a vehicle that is self-propelled.
(d) "Nonresident commercial motor vehicle" means a commercial
motor vehicle that is not registered as a motor vehicle in this
state.
(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) "Recreation passport" means any of the following, as
applicable, that authorize entry into a recreational fee area:
(i) A distinctively marked registration tab or sticker, or
alternative method to indicate that a recreation passport fee has
been paid, issued under section 805 of the Michigan vehicle code,
1949 PA 300, MCL 257.805.
(ii) A recreation passport issued under section 74117 or
74120.
(g) (e)
"Recreation passport fee"
means that term as defined
in
section 2001.a fee paid for a
recreation passport under section
805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805, or
section 74117 or 74120, or under orders issued or rules promulgated
under these provisions of law.
(h) "Recreational fee area" means any of the following:
(i) A state park.
(ii) A state-operated public boating access site designated
under section 78105(2).
(iii) A state trailhead designated under section 72302(2).
(iv) A state forest campground designated under section
83106(4).
(i) (f)
"Resident motor vehicle"
means a motor vehicle, other
than a commercial motor vehicle, that is registered as a motor
vehicle in this state.
(j) (g)
"State park" means a
state park or state recreation
area designated by the director.
(k) (h)
"State park improvement
account" means the state park
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2030.
(l) (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), (3), the operator
of a nonresident motor vehicle or any commercial motor vehicle
shall
not enter any state park recreational
fee area with that
motor
vehicle unless a valid motor vehicle park permit current
recreation
passport 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 park permit is required for entry
by
a nonresident motor vehicle or commercial motor vehicle.74117(2)
or (3) is displayed on the motor vehicle as provided in section
74117(5).
(2)
Subject to subsection (4), 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. Payment of the recreation passport fee authorizes
entry
into all state parks and recreation areas and designated
state-operated
public boating access sites until expiration of the
motor
vehicle registration.
(2) (3)
Subject to subsection (4), 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, (3), the
operator
of a resident motor vehicle shall not enter a state park
recreational
fee area with the resident motor
vehicle unless the
resident
motor vehicle has a registration tab or sticker marked as
provided
under that section to show that the recreation passport
fee
has been paid.a current
recreation passport issued under
section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805,
is displayed on the motor vehicle as provided for in that section
or a current recreation passport issued under section 74120(2) is
displayed on the motor vehicle as provided in section 74117(5).
(3) (4)
Subsections (1) to (3) and (2) do
not apply under any
of the following circumstances:
(a)
While the motor vehicle is being driven or parked within
on
an established federal, state, or county
highway within a state
park.recreational fee area.
(b) If the motor vehicle is used in the operation or
maintenance
of a state park, recreational
fee area, is an emergency
motor vehicle, is a state owned motor vehicle or law enforcement
motor vehicle, or is a private motor vehicle being operated on
official state business.
(c) If the motor vehicle is registered under section 803e(1)
of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, and is
exempt under section 803e(6) of the Michigan vehicle code, 1949 PA
300, MCL 257.803e, from the registration tax, or if the motor
vehicle is registered under section 217d or 803f of the Michigan
vehicle code, 1949 PA 300, MCL 257.217d and 257.803f.
(d)
At a state-operated public boating access site or a state
park
recreational fee area where there is an opportunity to fish
for free on a day that the department has designated as a free
winter fishing day or a free fishing day under section 43534.
(e) If and to the extent that the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
(4) The department shall post signs at recreational fee areas
that state that a recreation passport is required for entry by a
motor vehicle.
Sec.
74117. (1) This subsection and subsections (2) to (9)
apply
beginning October 1, 2010. The
department shall prepare and
distribute
park permits recreation
passports, other than those
provided for in section 805 of the Michigan vehicle code, 1949 PA
300, MCL 257.805, as necessary to implement this part.
(2) Except as otherwise provided in this section, the
department
shall issue an annual nonresident motor vehicle park
permit
recreation passport that authorizes the entry of a
nonresident motor vehicle to which it is originally attached within
any
state park recreational
fee area during the calendar year for
which
it is issued. The fee for the annual nonresident motor
vehicle
park permit recreation
passport for the owner of a
nonresident
motor vehicle is $29.00. An annual park permit
recreation passport for a nonresident motor vehicle shall not be
used for a nonresident commercial motor vehicle.
(3)
The department shall issue a daily motor vehicle park
permit,
valid for 1 day only, recreation
passport that authorizes
the entry of a nonresident motor vehicle or any commercial motor
vehicle
to which it is originally attached within any state park
recreational fee area only during the single day for which it is
issued. The fee for a daily recreation passport for a nonresident
motor
vehicle park permit is $8.00. The fee for a daily recreation
passport
for a commercial motor vehicle park
permit is $15.00.
(4) A person who has obtained an annual recreation passport
for
a nonresident motor vehicle park
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 nonresident motor vehicle park permit effective for the
duration of the camping stay for a towed second motor vehicle
present at the time of entry for a fee of $6.00.
(5) A recreation passport issued under this section or section
74120(2) shall be displayed in the lower right-hand corner of the
motor vehicle windshield and, if it is an annual recreation
passport, shall be affixed to the windshield in the manner for
which it is designed.
(6) (5)
The department may designate
persons in this state
authorized
to sell park permits. recreation
passports. The
department shall require as a condition of the designation of a
person other than a department employee that the person furnish a
surety bond in an amount and form and with a surety acceptable to
the department. After being designated by the department, a person
may
issue park permits in accordance with and recreation passport
under this part. This subsection does not apply to employees of the
department of state acting under section 805 of the Michigan
vehicle code, 1949 PA 300, MCL 257.805.
(7) (6)
If a person's annual recreation passport for a
nonresident
motor vehicle park permit is lost or destroyed, the
department
shall provide that person with a replacement motor
vehicle
park permit recreation
passport free of charge. The
department
may require a person requesting a replacement motor
vehicle
park permit recreation
passport to supply sufficient
evidence
of the loss or destruction of the original motor vehicle
park
permit.recreation passport.
(8) (7)
The department may add to the cost
of a reservation or
a
motor vehicle park permit recreation
passport or to a camping
fee
the
charges that the this state incurs because of the use of a
credit card.
(9) (8)
This section and section 74116
apply only to the entry
of
motor vehicles into state parks and do not obviate the necessity
of
obtaining additional recreational
fee areas. Additional permits
for
special services or park privileges as may be required by law
statue or by rules promulgated by the department.
(10) (9)
For each calendar year, the state
treasurer shall
adjust the amounts set forth in subsections (2) to (4) by an amount
determined by the state treasurer to reflect the cumulative
percentage
change in the consumer price index Consumer Price Index
from October 1, 2010 to the October 1 immediately preceding that
calendar year, using the most recent data available and rounded to
the nearest dollar.
Sec. 74120. (1) The department may promulgate rules to
implement this part.
(2) The department may promulgate rules providing a method for
an individual whose resident motor vehicle registration expires
annually
to pay a state park and state-operated public boating
access
site obtain a recreation passport fee in addition to the
method provided for in section 805 of the Michigan vehicle code,
1949
PA 300, MCL 257.805. The amount of the state park and state-
operated
public boating access site recreation
passport fee
required to be paid under a method provided for by rule under this
subsection
shall not exceed twice the amount of a state park and
state-operated
public boating access site recreation
passport fee
paid under the method provided for in section 805 of the Michigan
vehicle code, 1949 PA 300, MCL 257.805.
(3) The department shall promulgate rules providing a method
for an individual whose motor vehicle registration does not expire
annually
and who is exempt under sections section 74116(4)(c) and
78119(4)(b)
from the recreation passport fee to
obtain a recreation
passport and voluntarily pay the recreation passport fee as a
donation.
The amount of the state park and state-operated public
boating
access site recreation passport fee
required to be paid
under the method provided for by rule under this subsection shall
equal
the amount of a state park and state-operated public boating
access
site recreation passport fee paid
under the method provided
for in section 805 of the Michigan vehicle code, 1949 PA 300, MCL
257.805.
(4)
A rule promulgated under this section shall provide for a
method
evidencing payment of the state park and state-operated
public
boating access site recreation passport fee, such as the
issuance
and display of a permit.
Sec. 74122. (1) A person who violates this part or a rule
promulgated under this part is guilty of a misdemeanor. This
subsection does not apply to violations described in subsection
(2).
(2)
A person who violates section 74116(1)
, or (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 section 74116(2) and section 74116(3)
for
the same incident.
(3) 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
state park, recreational
fee area, 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.
(4)
In addition to the penalties provided for in a violation
of subsection (1), a person convicted of an act of vandalism to
state park equipment, facilities, or resources shall reimburse the
department up to 3 times the amount of the damage as determined by
the court. All money collected pursuant to this subsection shall be
credited to the state park improvement account.
Sec. 78101. As used in this part:
(a)
"Commercial motor vehicle" means that term as defined in
section
74101.
(a) (b)
"Commission" means the
Michigan state waterways
commission.
(b) (c)
"Department" means the
department of natural
resources.
(d)
"Designated state-operated public boating access site"
means
a state-operated public boating access site designated under
section
78105(2).
(c) (e)
"Director" means the
administrative director of the
commission.
(d) (f)
"Diesel motor fuel" means
any liquid fuel used in the
operation of engines of the diesel type in motor vehicles or
watercraft.
(e) (g)
"Gasoline" means
gasoline, casing head or natural
gasoline, benzole, benzine, and naphtha. Gasoline also means any
liquid prepared, advertised, offered for sale, sold for use as, or
used for, the generation of power for the propulsion of motor
vehicles or watercraft, including any product obtained by blending
together any 1 or more products of petroleum, regardless of their
original names or characteristics, with or without other products,
unless the resultant product obtained is entirely incapable of use
for the generation of power for the propulsion of motor vehicles or
watercraft. Gasoline does not include diesel fuel, liquefied
petroleum gas, or commercial or industrial naphthas or solvents
manufactured, imported, received, stored, distributed, sold, or
used exclusively for purposes other than as a fuel for motor
vehicles or watercraft.
(f) (h)
"Harbor" means a portion
of a lake or other body of
water either naturally or artificially protected so as to be a
place of safety for watercraft, including contrivances used or
designed for navigation on water and used or owned by the United
States.
(g) (i)
"Harbor facilities" means
the structures at a harbor
constructed to protect the lake or body of water and the facilities
provided within the harbor and ashore for the mooring and servicing
of watercraft and the servicing of crews and passengers.
(h) (j)
"Inland lake or stream"
means that term as defined in
section 30101.
(i) (k)
"Liquefied petroleum gas"
means gases derived from
petroleum or natural gases that are in the gaseous state at normal
atmospheric temperature and pressure, but that may be maintained in
the liquid state at normal atmospheric temperature by suitable
pressure.
(j) (l) "Marina"
means a site that contains harbor facilities.
(k) (m)
"Motor vehicle" means
that term as defined in section
74101.
(l) (n)
"Navigable water" means
any waterway navigable by
vessels, or capable of being made navigable by vessels through
artificial improvements, and includes the structures and facilities
created to facilitate navigation.
(o)
"Nonresident motor vehicle" means that term as defined in
section
74101.
(m) (p)
"Person" includes any
individual, partnership,
corporation, association, or body politic, except the United States
and this state, and includes any trustee, receiver, assignee, or
other similar representative of those entities.
(n) (q)
"Public boating access
site" means a publicly owned
site for the launching of recreational watercraft.
(o) (r)
"Recreational boating
facilities" means boat launches,
harbors, marinas, and locks assisting recreational boats accessing
water bodies at different elevations.
(s)
"Recreation passport fee" means that term as defined in
section
2001.
(t)
"Resident motor vehicle" means that term as defined in
section
74101.
(p) (u)
"Retail fuel dealer"
includes any person or persons,
both
private and municipal, who that
engage in the business of
selling or distributing fuel within this state.
(q) (v)
"Secretary of state"
means the secretary of state of
this state, acting directly or through a duly authorized deputy,
investigators, agents, and employees.
(r) (w)
"Vessel" means all
watercraft except the following:
(i) Watercraft used for commercial fishing.
(ii) Watercraft used by the sea scout department of
the boy
scouts
of America Sea Scouts, BSA chiefly for training scouts in
seamanship.
(iii) Watercraft owned by this state, any political
subdivision of this state, or the federal government.
(iv) Watercraft when used in interstate or foreign commerce
and watercraft used or owned by any railroad company or railroad
car ferry company.
(v) Watercraft when used in trade, including watercraft when
used in connection with an activity that constitutes a person's
chief business or means of livelihood.
(s) (x)
"Watercraft" means any
contrivance used or designed
for navigation on water, including, but not limited to, any vessel,
ship, boat, motor vessel, steam vessel, vessel operated by
machinery, motorboat, sailboat, barge, scow, tugboat, and rowboat,
but does not include contrivances used or owned by the United
States.
(t) (y)
"Waterway" means any body
of water.
(u) (z)
"Waterways account" means
the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section 2035.
Sec. 78105. (1) The department has the following powers and
duties:
(a) To acquire, construct, and maintain harbors, channels, and
facilities for vessels in the navigable waters lying within the
boundaries of this state.
(b) To acquire, by purchase, lease, gift, or condemnation the
lands, rights of way, and easements necessary for harbors and
channels. For the purposes of this subdivision, the department
shall be considered a state agency under 1911 PA 149, MCL 213.21 to
213.25.
(c) To acquire, by purchase, lease, gift, or condemnation
suitable areas on shore for disposal of the material from dredging.
(d) To enter into any contracts or agreements that may be
necessary in carrying out this part, including agreements to hold
and save the United States free from damages due to the
construction and maintenance by the United States of those works
that the United States undertakes.
(e) To provide for the granting of concessions within the
boundaries of harbors, so as to furnish the public gas, oil, food,
and other facilities.
(f) To represent this state and the governor in dealings with
the chief of engineers of the United States army and his or her
authorized agents for the purposes set forth in this part.
(g) To charge fees for both seasonal and daily moorage at
state-operated small craft mooring facilities. All revenues derived
from this source shall be deposited in the waterways account.
(h) To collect the proceeds from the sale of marine fuel at
harbors operated by the department. The proceeds from the sales
shall be credited to the waterways account and used for the
purchase of marine fuel supplies as may be needed. Any remaining
revenue from this source not needed for the purchase of marine fuel
supplies may be expended in the same manner as other funds within
the waterways account.
(2)
The director shall designate state-operated public boating
access
sites that, subject to section 78119(4), shall not be
entered
by a resident motor vehicle unless the recreation passport
fee
has been paid or by a nonresident or commercial motor vehicle
unless
a pass purchased under subsection (3) is affixed to the
motor
vehicle as described in section 78119.The operator of a motor
vehicle shall not enter a state-operated public boating access site
designated by the director as requiring a recreation passport,
except in compliance with the recreation passport requirements of
part 741.
(3)
The department shall charge fees for passes authorizing
seasonal
or daily entry by nonresident motor vehicles or commercial
motor
vehicles at designated state-operated public boating access
sites.
Fee revenue under this subsection shall be deposited in the
waterways
account.
Sec. 83106. (1) The department may require a person to obtain
a permit for camping in designated state forest campgrounds and may
establish and collect a fee for the camping permit. However, at
least 6 months before increasing a camping permit fee, the
department shall provide written notice of its intent to do so to
the standing committees of the senate and the house of
representatives that have primary jurisdiction over legislation
pertaining to natural resources and the environment.
(2) The department may require a person to obtain a permit,
except as otherwise provided by law, for the use of lands and
facilities within the state forest as designated by the department
for
recreation use. The department shall not require a permit or
payment
of a fee for use of a state forest nonmotorized trail or
pathway
or state forest campground facility except as provided in
subsection
(1) or otherwise provided in this act.
(3)
Money collected under this section subsection (2) shall be
deposited into the forest recreation account.
(4) The operator of a motor vehicle shall not enter a state
forest campground designated by the director as requiring a
recreation passport, except in compliance with the recreation
passport requirements of part 741.
Enacting section 1. Section 78119 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.78119, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.