SB-0388, As Passed House, December 17, 2009

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 388

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 74117 (MCL 324.74117), as amended by 2006 PA

477.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 permit requirement 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

park 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 permit is

as follows:

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

nonresident motor vehicle, $29.00.

     (3) A daily 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 permit is as follows:

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

resident motor vehicle, $6.00.

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

nonresident motor vehicle, $8.00.

     (4) A person who has obtained an annual motor vehicle 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 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 of a person other than a department employee that

the person furnish a surety bond be furnished in an amount, and in

a form, and with the a surety as that 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 Before April 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.

     (9) If a person's annual park 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 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.

(10) (11) As used in this section, "resident motor vehicle"

means a vehicle that is registered as a motor vehicle in this

state.