HB-4677, As Passed Senate, December 17, 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


House Bill No. 4677 as amended December 17, 2009

 

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.

 

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