Bill Text: MI HB4875 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Natural resources; other; state park pass; expand to include boat launch access. Amends secs. 2030, 2035, 74101, 74116, 74117, 74118, 74122, 74123 & 78105 of 1994 PA 451 (MCL 324.2030 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-05-06 - Printed Bill Filed 05/06/2009 [HB4875 Detail]

Download: Michigan-2009-HB4875-Introduced.html

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HOUSE BILL No. 4875

 

May 5, 2009, Introduced by Rep. Haines and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 2030, 2035, 74101, 74116, 74117, 74118, 74122,

 

74123, and 78105 (MCL 324.2030, 324.2035, 324.74101, 324.74116,

 

324.74117, 324.74118, 324.74122, 324.74123, and 324.78105),

 

sections 2030 and 2035 as added and sections 74101, 74122, and

 

78105 as amended by 2004 PA 587, sections 74116, 74118, and 74123

 

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

 

477.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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, subject to subparagraph (ii), permits from activities in state

 

parks and recreation areas.

 

     (ii) A portion of revenue derived from the sale of combined

 

state park and public boating access site permits issued under

 

section 74117 equal to the ratio of the revenue derived from state

 

park permits under section 74117 in 2009 to the sum of the revenue

 

derived from state park permits under section 74117 in 2009 and

 

public boating access site permits under section 78105 in 2009.

 

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

 

illegal activities in state parks and recreation areas.

 

     (iv) (iii) Other revenues as authorized by law.

 

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

 

expended, upon appropriation, only as provided in 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 before

 

December 23, 2006, 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 A portion of revenue derived

 

from the sale of combined state park and public boating access site

 

permits issued under section 74117 equal to the ratio of the

 

revenue derived from public boating access site permits under

 

section 78105 in 2009 to the sum of the revenue derived from public

 

boating access site permits under section 78105 in 2009 and state

 

park permits under section 74117 in 2009.

 

     (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 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. 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) "State park" means a state park or state recreation area

 

designated by the director.

 

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

 

improvement account of the Michigan conservation and recreation

 

legacy fund provided for in section 2030.

 

     (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, the following:

 

     (i) A portion of revenue described in section 2030 derived from

 

the sale of combined state park and public boating access site

 

permits issued under section 74117.

 

     (ii) Concession, camping, nonmotorized trail permit, and other

 

fees.

 

     (iii) Rent.

 

     (iv) Revenue from sale of farm animals from Maybury state park.

 

, donations,

 

     (v) Donations and gifts.

 

     Sec. 74116. The department shall designate the state parks in

 

which a park combined state park and public boating access site

 

permit is required for lawful entry by 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 park combined state

 

park and public boating access site permit is not necessary. The

 

department shall post signs at designated parks or designated

 

portions of parks that state that a motor vehicle park combined

 

state park and public boating access site permit is required. A

 

person shall not enter any state park or portion of a state park in

 

which a motor vehicle park combined state park and public boating

 

access site permit is required without a valid motor vehicle

 

combined state park and public boating access site permit affixed

 

to the vehicle. A valid park permit procured pursuant to combined

 

state park and public boating access site permit issued under

 

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 the permit

 

is required, except that a park the permit is not required to be

 

affixed to a motor vehicle 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

 

combined state park and public boating access site permit does not

 

apply to motor vehicles used in the operation or maintenance of

 

state parks, to emergency vehicles, or to state-owned or law

 

enforcement motor vehicles or private motor vehicles 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 combined state park and public boating

 

access site 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 combined state park and public boating access

 

site permits to implement this part.

 

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

 

park combined state park and public boating access site 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 combined state park and public

 

boating access site permit is as follows:

 

     (a) Until January 1, 2010 2012, 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 2012, for the owner of a nonresident

 

motor vehicle, $29.00.

 

     (3) A daily combined state park and public boating access site

 

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 combined state park and public boating access site

 

permit is as follows:

 

     (a) Until January 1, 2010 2012, for the owner of a resident

 

motor vehicle, $6.00.

 

     (b) Until January 1, 2010 2012, for the owner of a nonresident

 

motor vehicle, $8.00.

 

     (4) A person who has obtained an annual motor vehicle combined

 

state park and public boating access site 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 combined state park and public boating

 

access site 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 affect 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 combined state park and public

 

boating access site 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 combined state park and public boating access site

 

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 combined state park and

 

public boating access site permits in accordance with under 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 combined state park and public boating access site

 

permit. Until January 1, 2010 2012, 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 to a combined state park and public

 

boating access site permit fee, or to a camping fee the charges

 

that the state incurs because of the use of a credit card.

 

     (9) If a person's annual park combined state park and public

 

boating access site 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 combined state park and public

 

boating access site 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 combined state park and public boating

 

access site permit 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. 74118. On or before the tenth day of every month, all

 

persons authorized to sell park combined state park and public

 

boating access site permits shall pay to the department all money

 

received from the sale of park the combined state park and public

 

boating access site permits for the preceding month. Any person who

 

refuses or neglects to pay the money as provided in this section,

 

in addition to other penalties provided by law, forfeits the right

 

to sell park combined state park and public boating access site

 

permits. All persons authorized to sell park combined state park

 

and public boating access site permits, except employees of the

 

department who receive a regular salary from the state, may charge

 

the purchaser as compensation 15 cents additional for each annual

 

park combined state park and public boating access site permit and

 

10 cents additional for each daily park combined state park and

 

public boating access site permit issued. On or before February 15

 

of each year, a complete report of all combined state park and

 

public boating access site permits sold during the previous

 

calendar year shall be filed with the department by each person

 

authorized to sell park the permits, and all unsold park combined

 

state park and public boating access site permits for the previous

 

year shall be returned to 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 without the required park

 

combined state park and public boating access site 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 park combined state park and public boating access site

 

permit which required under section 74116. The fine shall be twice

 

the cost of a motor vehicle entrance an annual combined state park

 

and public boating access site permit or daily permit as

 

established by this part or by the department.

 

     Sec. 78105. (1) The department shall have 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 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 because of 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) A daily or annual combined state park and public boating

 

access site permit issued under section 74117 is required for use

 

of state-operated public access sites. A portion of revenue

 

described in section 2035 derived from the sale of combined state

 

park and public boating access site permits shall be deposited in

 

the waterways account. An annual combined state park and public

 

boating access site permit authorizes the permittee to enter any

 

state-operated public boating access site without payment of an

 

additional fee.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2010.