Bill Text: MI HB4677 | 2009-2010 | 95th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Natural resources; other; boating access site; require payment of passport fee to enter. Amends secs. 78101, 78105 & 83106 of 1994 PA 451 (MCL 324.78101 et seq.) & adds sec. 78119. TIE BAR WITH: SB 0388'09, SB 0389'09

Spectrum: Strong Partisan Bill (Democrat 14-1)

Status: (Passed) 2010-04-13 - Assigned Pa 34'10 With Immediate Effect [HB4677 Detail]

Download: Michigan-2009-HB4677-Introduced.html

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HOUSE BILL No. 4677

 

March 24, 2009, Introduced by Reps. Warren, Meekhof, Espinoza, Bennett, Young, Scripps, Miller, Lipton, Roberts, Smith, Bauer, Robert Jones, Valentine, Leland and Cushingberry and referred to the Committee on Great Lakes and Environment.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 2005, 2030, 2035, 74101, 74102a, 74116, 74117,

 

74122, 74123, 78105, and 83106 (MCL 324.2005, 324.2030, 324.2035,

 

324.74101, 324.74102a, 324.74116, 324.74117, 324.74122, 324.74123,

 

324.78105, and 324.83106), sections 2005, 2030, and 2035 as added

 

and sections 74101, 74122, 78105, and 83106 as amended by 2004 PA

 

587, section 74102a as amended by 2006 PA 307, sections 74116 and

 

74123 as added by 1995 PA 58, and section 74117 as amended by 2006

 

PA 477, and by adding sections 1911 and 2045; and to repeal acts

 

and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1911. (1) The local public recreation facilities fund is

 

created within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the local public recreation facilities

 

fund. The state treasurer shall direct the investment of the local

 

public recreation facilities fund. The state treasurer shall credit

 

to the local public recreation facilities fund interest and

 

earnings from local public recreation facilities fund investments.

 

     (3) Money in the local public recreation facilities fund at

 

the close of the fiscal year shall remain in the local public

 

recreation facilities fund and shall not lapse to the general fund.

 

     (4) The department of natural resources shall be the

 

administrator of the local public recreation facilities fund for

 

auditing purposes.

 

     (5) The department of natural resources shall expend money

 

from the local public recreation facilities fund, upon

 

appropriation, only for grants to local units of government for the

 

development of public recreation facilities pursuant to the same

 

procedures of the board and guidelines as apply under section 1907.

 

     Sec. 2005. (1) The forest recreation account is established as

 

an account within the legacy fund.

 

     (2) The forest recreation account shall consist of both of the

 

following:

 

     (a) All money in the forest recreation fund, formerly created

 

in section 83104, immediately prior to the effective date of the

 

amendatory act that added this section, which money is hereby

 

transferred to the forest recreation account.

 

     (b) Revenue from the following sources:

 

     (i) Revenue derived from concessions, leases, contracts, and

 

fees from recreational activities on state forestlands.

 

     (ii) Other revenues as authorized by law.

 

     (3) Money in the forest recreation account shall be expended,

 

upon appropriation, only as provided in section 2045 and part 831

 

and for the administration of the forest recreation account.

 

     (4) Money in the forest recreation account may be expended

 

pursuant to subsection (3) for grants to state colleges and

 

universities to implement programs funded by the forest recreation

 

account.

 

     Sec. 2030. (1) The state park improvement account is

 

established as an account within the legacy fund.

 

     (2) The state park improvement account shall consist of both

 

of the following:

 

     (a) All money in the state park improvement fund, formerly

 

created in section 74108, immediately prior to the effective date

 

of the amendatory act that added this section, which money is

 

hereby transferred to the state park improvement account.

 

     (b) Revenue from the following sources:

 

     (i) Revenue derived from concessions, leases, contracts, fees,

 

and permits from activities in state parks and recreation areas.

 

     (ii) Unless otherwise provided by law, damages paid for illegal

 

activities in state parks and recreation areas.

 

     (iii) Other revenues as authorized by law.

 

     (3) Money in the state park improvement account shall be

 

expended, upon appropriation, only as provided in section 2045 and

 

part 741 and for the administration of the state park improvement

 

account.

 

     (4) Money in the state park improvement account may be

 

expended pursuant to subsection (3) for grants to state colleges

 

and universities to implement programs funded by the state park

 

improvement account.

 

     Sec. 2035. (1) The waterways account is established as an

 

account within the legacy fund.

 

     (2) The waterways account shall consist of both of the

 

following:

 

     (a) All money in the Michigan state waterways fund, formerly

 

created in section 78110, the Michigan harbor development fund,

 

formerly created in section 78110, and the marine safety fund,

 

formerly created in section 80115, immediately prior to the

 

effective date of the amendatory act that added this section, which

 

money is hereby transferred to the waterways account.

 

     (b) Revenue from the following sources:

 

     (i) All revenue generated from watercraft registration fees

 

assessed on the ownership or operation of watercraft in the state,

 

of which not less than 49% shall be provided for law enforcement

 

and education.

 

     (ii) All revenues derived from fees charged for the moorage of

 

watercraft at state-operated mooring facilities.

 

     (iii) All revenues derived from fees charged for the use of

 

state-operated public access sites.

 

     (iv) Transfers from the recreation improvement account.

 

     (v) All tax revenue derived from the sale of diesel fuel in

 

this state that is used to generate power for the operation or

 

propulsion of vessels on the waterways of this state.

 

     (vi) Other revenues as authorized by law.

 

     (3) Money in the waterways account shall be expended, upon

 

appropriation, only as provided in section 2045 and parts 781, 791,

 

and 801 and for the administration of the waterways account, which

 

may include payments in lieu of taxes on state owned lands

 

purchased through the waterways account or through the former

 

Michigan state waterways fund.

 

     Sec. 2045. (1) The department shall distribute state park,

 

boating access site, and forest recreation passport fee revenue

 

transferred to the department under section 805 of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.805, as follows:

 

     (a) The first $10,700,000.00 received each fiscal year shall

 

be deposited in the state park improvement account.

 

     (b) The next $1,030,000.00 received each fiscal year shall be

 

deposited in the waterways account.

 

     (c) The remaining revenue shall be deposited as follows:

 

     (i) 50% in the state park improvement account to be used for

 

capital improvements at state parks and recreation areas.

 

     (ii) 30% in the state park improvement account to be used for

 

operations and maintenance at state parks and recreation areas.

 

     (iii) 3% in the state park improvement account to be used for

 

operations, maintenance, and capital improvements of state park

 

cultural and historic resources.

 

     (iv) 10% in the local public recreation facilities fund,

 

created in section 1911, to be used for development of public

 

recreation facilities for local units of government.

 

     (v) 7% in the forest recreation account to be used for state

 

forest campground and state forest nonmotorized trail and pathway

 

system operations and capital improvements.

 

     (2) For each calendar year, beginning with 2011, the state

 

treasurer shall adjust the amounts set forth in subsection (1)(a)

 

and (b) by an amount determined by the state treasurer at the end

 

of each calendar year to reflect the cumulative percentage change

 

in the consumer price index for the most recent 1-year period for

 

which data are available. As used in this subsection, "consumer

 

price index" means the most comprehensive index of consumer prices

 

available for this state from the bureau of labor statistics of the

 

United States department of labor.

 

     Sec. 74101. As used in this part:

 

     (a) "Committee" means the citizens committee for Michigan

 

state parks created in section 74102a.

 

     (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 motor vehicle" means a motor vehicle other

 

than a commercial motor vehicle that is not registered as a motor

 

vehicle in this state.

 

     (e) "Resident motor vehicle" means a motor vehicle other than

 

a commercial motor vehicle that is registered as a motor vehicle in

 

this state.

 

     (f) (d) "State park" means a state park or state recreation

 

area designated by the director.

 

     (g) (e) "State park improvement account" means the state park

 

improvement account of the Michigan conservation and recreation

 

legacy fund provided for in section 2030.

 

     (h) (f) "State park revenues" means all revenues collected for

 

state parks, including but not limited to, motor vehicle permits,

 

concession fees, nonmotorized trail permits, fees, leases, camping

 

fees, sale of farm animals from Maybury state park, donations, and

 

gifts.

 

     Sec. 74102a. (1) The citizens committee for Michigan state

 

parks is created within the department.

 

     (2) The committee shall consist of 17 individuals appointed by

 

the director with the advice of the commission.

 

     (3) The members first appointed to the committee shall be

 

appointed within 60 days after the effective date of the amendatory

 

act that added this section by December 14, 2004.

 

     (4) Members of the committee shall serve for terms of 4 years

 

or until a successor is appointed, whichever is later, except that

 

of the members first appointed 6 shall serve for 4 years, 6 shall

 

serve for 3 years, and 5 shall serve for 2 years.

 

     (5) If a vacancy occurs on the committee, the director shall

 

make an appointment for the unexpired term in the same manner as

 

the original appointment.

 

     (6) The committee may remove a member of the committee for

 

incompetency, dereliction of duty, malfeasance, misfeasance, or

 

nonfeasance in office, or any other good cause upon a majority vote

 

of the members. An individual shall be removed from the committee

 

if he or she does not attend 4 consecutive meetings of the

 

committee.

 

     (7) The first meeting of the committee shall be called by the

 

director. At the first meeting, the committee shall elect from

 

among its members a chairperson and other officers as it considers

 

necessary or appropriate. After the first meeting, the committee

 

shall meet at least twice each year, or more frequently at the call

 

of the chairperson or if requested by 9 or more members.

 

     (8) Nine members of the committee constitute a quorum for the

 

transaction of business at a meeting of the committee. A majority

 

of the members present and serving are required for official action

 

of the committee.

 

     (9) The business that the committee may perform shall be

 

conducted at a public meeting of the committee held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

 

     (10) A writing prepared, owned, used, in the possession of, or

 

retained by the committee in the performance of an official

 

function is subject to the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246.

 

     (11) Members of the committee shall serve without

 

compensation. However, members of the committee may be reimbursed

 

for their actual and necessary expenses incurred in the performance

 

of their official duties as members of the committee.

 

     (12) The committee shall do all of the following:

 

     (a) Advise and make recommendations to the governor, the

 

commission, and the legislature on state parks policy and provide

 

guidance on state parks development, management, and planning

 

issues.

 

     (b) Seek the development of a broad variety of programs,

 

facilities, and services for our Michigan citizens utilizing the

 

state parks.

 

     (c) Inform and educate the public about the importance of and

 

need for state parks.

 

     (d) Strive to involve citizens in the planning and development

 

of state parks and to ensure that the facilities, programs, and

 

projects are barrier-free and accessible to all citizens.

 

     (e) Establish and maintain effective public relations

 

regarding state parks, utilizing all appropriate communications

 

media.

 

     (f) Advise on financial planning and pursue adequate budget

 

support for state parks.

 

     (g) Serve as a liaison and coordinate with other agencies to

 

ensure a cooperative effort to provide the most effective and

 

economical services possible at state parks.

 

     (h) Within 2 years after the effective date of the amendatory

 

act that added subdivision (j) By July 20, 2008 and periodically

 

thereafter, evaluate and submit a report to the standing committees

 

of the legislature with jurisdiction over issues pertaining to

 

natural resources and the environment on the state parks programs,

 

facilities, services, and relationships to assure ensure that the

 

committee's goals and objectives are being achieved.

 

     (i) Advise and make recommendations to the department on the

 

gem of the parks award, the state parks volunteer of the year

 

award, and the state parks employee of the year award established

 

under section 74124.

 

     (j) Review and make recommendations to the department on

 

whether land within a state park should be transferred as provided

 

in section 74102b.

 

     (13) By December 31, 2009, the committee shall submit a report

 

to the standing committees and appropriations subcommittees of the

 

legislature with jurisdiction over issues pertaining to natural

 

resources and the environment. The report shall contain

 

recommendations for savings in state park and forest recreation

 

programs. Savings in state park programs equivalent to at least 10%

 

of the cumulative expenditures for state park programs during the

 

fiscal year ending September 30, 2009 shall be identified. In

 

developing recommendations, the committee shall consult with the

 

department and interested parties. The committee shall consider at

 

least all of the following:

 

     (a) Increased preventative maintenance.

 

     (b) Energy conservation and efficiency.

 

     (c) Transfer of functions between the forest, mineral, and

 

fire management division and the parks and recreation division, or

 

successors thereof, with respect to public boating access sites,

 

state forest nonmotorized trails or pathways, state forest

 

campgrounds, and other facilities to achieve more efficient use of

 

personnel.

 

     (d) Contracting major maintenance or renovation work to

 

private parties.

 

     (14) (13) The chairperson of the committee shall ensure that

 

all proposed policy positions of the committee are sent to the

 

committee members at least 1 week in advance of before the meeting

 

at which the policy position will be acted upon. The committee may

 

adopt an emergency resolution that has not been sent to committee

 

members at least 1 week prior to before a meeting of the committee,

 

but only upon the approval of 3/4 of those present at the meeting.

 

     Sec. 74116. (1) The department shall designate the state parks

 

in which a motor vehicle park permit is required for lawful entry

 

by a nonresident motor vehicle or commercial motor vehicle. The

 

department shall designate only those parks in which state

 

facilities and services are provided for the public. The department

 

may designate portions of state parks where a motor vehicle park

 

permit is not necessary for a nonresident motor vehicle or

 

commercial motor vehicle. The department shall post signs at

 

designated parks or designated portions of parks that state that a

 

motor vehicle park permit is required . A for entry by a

 

nonresident motor vehicle or commercial motor vehicle. Subject to

 

subsection (2), a person shall not enter, in a nonresident motor

 

vehicle or commercial motor vehicle, any state park or portion of a

 

state park in which a motor vehicle park permit is required without

 

a valid motor vehicle park permit affixed to the vehicle. A valid

 

motor vehicle park permit procured pursuant to section 74117 shall

 

be permanently affixed to the lower right-hand corner of the

 

windshield. of any motor vehicle entering a state park or portion

 

of a state park in which a motor vehicle park permit is required,

 

except that a An annual motor vehicle park permit shall be affixed

 

permanently for that year.

 

     (2) A motor vehicle park permit is not required to be affixed

 

to a nonresident motor vehicle or commercial motor vehicle while

 

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. The requirement to obtain a motor vehicle park permit does

 

not apply to motor vehicles

 

     (b) For entry into a state park of a motor vehicle used in the

 

operation or maintenance of a state parks, to emergency vehicles,

 

or to state-owned or law enforcement motor vehicles or private

 

motor vehicles park, of an emergency motor vehicle, or of a private

 

motor vehicle being operated on official state business.

 

     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 may waive the motor vehicle park permit requirement

 

under section 74116 for department-sponsored events or other

 

circumstances as determined by the director or the director's

 

designee. The department shall prepare and distribute park permits

 

to implement this part.

 

     (2) Except as otherwise provided in this section, an annual

 

nonresident motor vehicle park permit shall be issued and shall

 

authorize the entry of the a nonresident 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 nonresident motor vehicle park permit is as

 

follows:

 

     (a) Until January 1, 2010, 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, 2010, for the owner of a nonresident

 

motor vehicle , is $29.00.

 

     (3) A daily motor vehicle park permit, valid for 1 day only,

 

shall authorize the entry of the a nonresident motor vehicle or

 

commercial 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, 2010, for the owner of a resident motor

 

vehicle, $6.00.

 

     (b) Until January 1, 2010, for the owner of a nonresident

 

motor vehicle , park permit is $8.00. The fee for a daily

 

commercial motor vehicle park permit is $15.00.

 

     (4) A person who has obtained an annual 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 for a towed second motor vehicle present at the time of

 

entry for a fee of $6.00 effective for the duration of the camping

 

stay.

 

     (5) The department shall provide 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 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) 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 a surety as is acceptable to the department.

 

After being designated by the department, a person may issue park

 

permits in accordance with this part.

 

     (7) 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, 2010, 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) 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.

 

     (7) (9) If a person's annual nonresident motor vehicle park

 

permit is lost or destroyed, the department shall provide that

 

person with a replacement motor vehicle park permit free of charge.

 

The department may require a person requesting a replacement motor

 

vehicle park permit to supply sufficient evidence of the loss or

 

destruction of the original motor vehicle 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.

 

     (8) The department may add to the cost of a reservation or a

 

motor vehicle park permit or camping fee the charges that the state

 

incurs because of the use of a credit card.

 

     (9) This section and section 74116 apply only to the entry of

 

motor vehicles into state parks and to the park permits authorized

 

in this part and do not obviate the necessity of obtaining

 

additional permits for special services or park privileges as may

 

be required by law or by rules promulgated by the department.

 

     Sec. 74122. (1) A person who violates this part or a rule

 

promulgated under this part is guilty of a misdemeanor. In any

 

proceeding for the violation of this part or a rule promulgated

 

under this part, where if a motor vehicle required to have a motor

 

vehicle park permit under section 74117 is found parked in a state

 

park without the required motor vehicle park permit affixed, is

 

found parked in any state park, 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.

 

     (2) In addition to the penalties provided for in subsection

 

(1), a person convicted of an act of vandalism 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. 74123. The department may establish a fine for failure to

 

purchase a motor vehicle park permit which required under section

 

74117. The fine shall be twice the cost of a an annual nonresident

 

motor vehicle entrance park permit. or daily permit as established

 

by this part or by the department.

 

     Sec. 78105. The department shall have 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 the this state. of Michigan.

 

     (b) To acquire, by purchase, lease, gift, or condemnation the

 

lands, rights of way, and easements necessary for harbors and

 

channels. The For the purposes of this subdivision, the department

 

shall be considered a state agency under 1911 PA 149, MCL 213.21 to

 

213.25. , relative to condemnation by state agencies.

 

     (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 the this state of Michigan and the governor

 

of Michigan 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 charge fees for both daily and seasonal use of state-

 

operated public access sites, if the cost of collecting the fees

 

will not exceed the revenue derived from the fees for daily and

 

seasonal passes. All revenues derived from this source shall be

 

deposited in the waterways account. A seasonal pass shall grant the

 

permittee the right to enter any state-operated public access site

 

without payment of an additional fee.

 

     (h) (i) 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.

 

     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 shall be deposited into

 

the forest recreation account.

 

     Enacting section 1. Sections 1909 and 1910 of the natural

 

resources and environmental protection act, 1994 PA 451, MCL

 

324.1909 and 324.1910, are repealed.

 

     Enacting section 2. This amendatory act takes effect January

 

1, 2010.

 

     Enacting section 3. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4678(request no.

 

00557'09 *) of the 95th Legislature is enacted into law.