Bill Text: MI HB4677 | 2009-2010 | 95th Legislature | Engrossed
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-Engrossed.html
HB-4677, As Passed House, December 10, 2009
SUBSTITUTE FOR
HOUSE BILL NO. 4677
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 78101, 78105, and 83106 (MCL 324.78101,
324.78105, and 324.83106), section 78101 as amended by 2006 PA 466
and sections 78105 and 83106 as amended by 2004 PA 587, and by
adding section 78119.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 78101. As used in this part:
(a) "Commercial motor vehicle" means that term as defined in
section 74101.
(b) (a)
"Commission" means the Michigan
state waterways
commission.
(c) (b)
"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).
(e) (c)
"Director" means the
administrative director of the
commission.
(f) (d)
"Diesel motor fuel" means
any liquid fuel used in the
operation of engines of the diesel type in motor vehicles or
watercraft.
(g) (e)
"Gasoline" means
gasoline, casing head or natural
gasoline,
benzole, benzine, and naphtha. ; also, 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,
and regardless of the original character of the petroleum
products
blended, if unless the resultant product obtained is
capable
entirely incapable of use for the generation of power for
the
propulsion of motor vehicles or watercraft. , it being the
intention
that the blending of the products, regardless of name or
characteristics,
shall conclusively be presumed to produce motor
fuel,
unless the resultant product is entirely incapable for use as
motor
fuel. 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.
(h) (f)
"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.
(i) (g)
"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.
(j) (h)
"Inland lake or stream"
means that term as defined in
section 30101.
(k) (i)
"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.
(l) (j)
"Marina"
means a site that contains harbor facilities.
(m) "Motor vehicle" means that term as defined in section
74101.
(n) (k)
"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.
(p) (l) "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.
(q) (m)
"Public boating access
site" means a publicly owned
site for the launching of recreational watercraft.
(r) "Recreation passport fee" means that term as defined in
section 2001.
(s) "Resident motor vehicle" means that term as defined in
section 74101.
(t) (n)
"Retail fuel dealer"
includes any person or persons,
both private and municipal, who engage in the business of selling
or distributing fuel within this state.
(u) (o)
"Secretary of state"
means the secretary of state of
this state, acting directly or through a duly authorized deputy,
investigators, agents, and employees.
(v) (p)
"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 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.
(w) (q)
"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.
(x) (r)
"Waterway" means any body
of water.
(y) (s)
"Waterways account" means
the waterways account of the
Michigan conservation and recreation legacy fund provided for in
section
2035. This subdivision does not apply unless 2004 PA 587
takes
effect, as a result of Joint Resolution Z of the 92nd
Legislature
becoming a part of the state constitution of 1963 as
provided
in section 1 of article XII of the state constitution of
1963.
Sec. 78105. (1) 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.
(2) The director shall designate state-operated public boating
access sites that 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.
(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. 78119. (1) Subject to subsection (4), 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), 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), 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
House Bill No. 4677 (H-3) as amended December 10, 2009
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 (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) 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.
(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.
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. This amendatory act takes effect October
1, 2010.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 388.
(b) Senate Bill No. 389.
(c) House Bill No. 4678.
