SB-0388, As Passed Senate, November 12, 2009

SUBSTITUTE FOR

SENATE BILL NO. 388

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 2001, 2005, 2030, 74101, 74102, 74102a, 74116,

74117, 74120, 74122, 78101, 78105, and 83106 (MCL 324.2001,

324.2005, 324.2030, 324.74101, 324.74102, 324.74102a, 324.74116,

324.74117, 324.74120, 324.74122, 324.78101, 324.78105, and

324.83106), sections 2001, 2005, and 2030 as added and sections

74101, 74122, 78105, and 83106 as amended by 2004 PA 587, sections

74102, 74116, and 74120 as added by 1995 PA 58, section 74102a as

amended by 2006 PA 307, section 74117 as amended by 2006 PA 477,

and section 78101 as amended by 2006 PA 466, and by adding sections

1911, 2045, and 78119; 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. 2001. As used in this part:

(a) "Forest recreation account" means the forest recreation

account of the legacy fund provided for in section 2005.

(b) "Game and fish protection account" means the game and fish

protection account of the legacy fund provided for in section 2010.

recreation legacy fund established in section 40 of article IX of

the state constitution of 1963 and provided for in section 2002.

(d) "Off-road vehicle account" means the off-road vehicle

account of the legacy fund provided for in section 2015.

(e) "Recreation improvement account" means the recreation

improvement account of the legacy fund provided for in section

2020.

(f) "Recreation passport fee" means a state park and state-

operated public boating access site recreation passport fee paid

under section 805 of the Michigan vehicle code, 1949 PA 300, MCL

257.805, or under rules promulgated under section 74120(2).

(g) ~~(f)~~ "Snowmobile account" means the snowmobile account of

the legacy fund provided for in section 2025.

(h) ~~(g)~~ "State park improvement account" means the state park

improvement account of the legacy fund provided for in section

2030.

(i) ~~(h)~~ "Waterways account" means the waterways account of the

legacy fund provided for in section 2035.

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 or entry into 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. 2045. (1) The department shall distribute recreation

passport fee revenue 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.

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

capital improvements at state parks, including state recreation

areas.

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

operations and maintenance at state parks, including state

recreation areas.

(iii) 2.75% in the state park improvement account to be used for

operations, maintenance, and capital improvements of state park

cultural and historic resources.

(iv) 0.25% in the state park improvement account to be used to

do all of the following:

(A) Promote, in concert with other state agencies, the use of

state parks, state-operated public boating access sites, state

forest campgrounds, and state forest nonmotorized trails and

pathways.

(B) Promote the use of the internet for state park camping

reservations and for payment of the recreation passport fee in

conjunction with motor vehicle registration.

(v) 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.

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

operating, maintaining, and making capital improvements to state

forest campgrounds and the state forest system of pathways and

nonmotorized trails, including, but not limited to, equestrian

trails.

(2) For each state fiscal year, beginning with the 2011-2012

state fiscal year, the state treasurer shall adjust the amounts set

forth in subsection (1)(a) and (b) by an amount determined by the

state treasurer 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.

(3) The department 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 by February 1 each year, beginning in 2012. The report

shall provide information on all of the following for the preceding

state fiscal year:

(a) The total amount of recreation passport fee revenue

received by the department and the amounts allocated under

subsection (1).

(b) The total amount of annual and daily state park motor

vehicle permit fee revenue received by the department under section

74117.

public boating access site revenue received by the department under

section 78105(3).

(d) Details on the specific uses of the revenue described in

subdivisions (a), (b), and (c) and the amounts expended for each

specific use.

(e) The adequacy of the revenue described in subdivision (a)

for each of the purposes for which it is allocated under subsection

(1).

(f) The impact of the state park revenue stream described in

subdivisions (a), (b), and (c) 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.

(g) Other relevant issues that affect funding needs for the

state park system.

(4) By February 1, 2012 and every 2 years thereafter, the

department 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 provide information on how frequently motor

vehicles for which the registrant declined to pay the recreation

passport fee entered state parks and state-operated public boating

access sites designated under section 78105 during the registration

period. The information shall be based on random audits conducted

by the department. A report under this subsection may be combined

with a report required under subsection (3).

(5) The department may prepare a list of frequently asked

questions and answers concerning the recreation passport fee. The

department and the department of state may post the information on

their websites. The department of state may provide the information

with any applications for registration of motor vehicles that are

mailed by the department of state.

Sec. 74101. As used in this part:

(a) "Commercial motor vehicle" means a commercial vehicle as

defined in section 7 of the Michigan vehicle code, 1949 PA 300, MCL

257.7.

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

state parks created in section 74102a.

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.

(d) ~~(c)~~ "Motor vehicle" means a vehicle that is self-

propelled.

(e) "Nonresident motor vehicle" means a motor vehicle other

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

vehicle in this state.

(f) "Recreation passport fee" means that term as defined in

section 2001.

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

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

this state.

(h) ~~(d)~~ "State park" means a state park or state recreation

area designated by the director.

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

improvement account of the Michigan conservation and recreation

legacy fund provided for in section 2030.

(j) ~~(f)~~ "State park revenues" means all revenues collected for

state parks, including but not limited to, revenue from recreation

passport fees, motor vehicle permits, concession fees, nonmotorized

trail permits, fees, leases, camping fees, sale of farm animals

from Maybury state park, donations, and gifts.

Sec. 74102. (1) The legislature finds:

(a) Michigan state parks preserve and protect Michigan's

significant natural and historic resources.

(b) Michigan state parks are appropriate and uniquely suited

to provide opportunities to learn about protection and management

of Michigan's natural resources.

Michigan's tourism industry and vital to local economies.

(d) A holistic, integrated park system that reflects the

unique value of both state and local parks is a goal of this state.

(e) State and local park planners should work in concert for a

coordinated Michigan park and recreation plan.

(2) The department shall create, maintain, operate, promote,

and make available for public use and enjoyment a system of state

parks to preserve and protect Michigan's significant natural

resources and areas of natural beauty or historic significance, to

provide open space for public recreation, and to provide an

opportunity to understand Michigan's natural resources and the need

to protect and manage those resources.

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.

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

Senate Bill No. 388 as amended November 12, 2009

whether land within a state park should be transferred as provided

in section 74102b.

(13) <<NOT LATER THAN 180 DAYS AFTER THE EFFECTIVE DATE OF THE

AMENDATORY ACT THAT ADDED THIS SUBSECTION>>, the committee shall

submit a report

to the commission and 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.

work, and other park operations to private parties.

(d) Sharing resources and coordinating activities with parks

or public recreation facilities owned by local units of government.

(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. ~~The department shall designate the state parks in~~

~~which a park 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 permit is not~~

~~necessary. The department shall post signs at designated parks or~~

~~designated portions of parks that state that a motor vehicle park~~

~~permit is required. A person~~

(1) Subject to subsection (4), the operator of a nonresident

motor vehicle or commercial motor vehicle shall not enter any state

park ~~or portion of a state park in which a motor vehicle park~~

~~permit is required without~~ with that motor vehicle unless a valid

motor vehicle park permit issued under section 74117 is affixed to

the ~~vehicle. A valid 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 park permit is not required to be affixed to a motor~~

~~vehicle while~~ An annual motor vehicle park permit for a nonresident

motor vehicle shall be affixed permanently for that year. The

department shall post signs at parks that state that a motor

vehicle permit is required for entry by a nonresident motor vehicle

or commercial motor vehicle.

(2) Subject to subsection (4), the operator of a resident

motor vehicle shall not enter a state park 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 state park with the

resident motor vehicle 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) 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) If the motor vehicle is 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, is an emergency motor vehicle, or is a private motor vehicle

being operated on official state business.

requirements for department-sponsored events or other circumstances

as determined by the director or the director's designee.

Sec. 74117. (1) This subsection and subsections (2) to (9)

apply beginning October 1, 2010. The department shall prepare and

distribute park permits as necessary 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 a nonresident motor vehicle to which it is

originally attached within any state park during the calendar year

for which it is issued. The fee for the annual nonresident motor

vehicle park permit for the owner of a nonresident motor vehicle is

$29.00. An annual park permit shall not be used for a commercial

motor vehicle.

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

shall authorize the entry of a nonresident motor vehicle or

commercial motor vehicle to which it is originally attached within

any state park during the day for which it is issued. The fee for a

daily 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 effective for the duration of the camping stay for a

towed second motor vehicle present at the time of entry for a fee

of $6.00.

(5) The department may designate persons in this state

authorized to sell park permits. The department shall require as a

condition of the designation of a person other than a department

employee that the person furnish a surety bond in an amount and

form and with a surety acceptable to the department. After being

designated by the department, a person may issue park permits in

accordance with this part. This subsection does not apply to

employees of the department of state acting under section 805 of

the Michigan vehicle code, 1949 PA 300, MCL 257.805.

(6) 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.

(7) 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.

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

motor vehicles into state parks 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.

(9) For each state fiscal year, beginning with the 2011-2012

state fiscal year, the state treasurer shall adjust the amounts set

forth in subsections (2) to (4) by an amount determined by the

state treasurer to reflect the cumulative percentage change in the

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

data are available and rounded to the nearest 5 cents.

(10) This subsection and subsections (11) to (19) apply

through September 30, 2010. 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.

(11) ~~(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~~ through September 30, 2010. The fee for

the annual park permit is as follows:

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

motor vehicle, $29.00.

(12) ~~(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 1, 2010, for~~ For the owner of a resident

motor vehicle, $6.00.

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

motor vehicle, $8.00.

(13) ~~(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.

(14) ~~(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.

(15) ~~(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.

(16) ~~(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~~ 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.

(17) ~~(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.

(18) ~~(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.~~

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

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

state.

Sec. 74120. (1) The department may promulgate rules to

implement this part.

(2) The department may promulgate rules providing a method for

an individual to pay a state park and state-operated public boating

access site recreation passport fee in addition to the method

provided for in section 805 of the Michigan vehicle code, 1949 PA

300, MCL 257.805. The amount of the state park and state-operated

public boating access site recreation passport fee required to be

paid under the method provided for by rule shall not exceed twice

the amount of a state park and state-operated public boating access

site recreation passport fee paid under the method provided for in

section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805.

However, during 2010, the amount of the state park and state-

operated public boating access site recreation passport fee

required to be paid under the method provided for by rule shall

equal the amount of a state park and state-operated public boating

access site recreation passport fee paid under the method provided

for in section 805 of the Michigan vehicle code, 1949 PA 300, MCL

257.805. A rule promulgated under this subsection shall provide for

a method evidencing payment of the state park and state-operated

public boating access site recreation passport fee under this

subsection, such as by the issuance and display of a permit.

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

promulgated under this part is guilty of a misdemeanor. This

subsection does not apply to violations described in subsection

(2).

(2) A person who violates section 74116(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 section 74116(2) and section 74116(3) for

the same incident.

(3) 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 permit affixed is found parked in any state park~~ is

found parked in a 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.

(4) ~~(2)~~ In addition to the penalties provided for in

subsection (1), a person convicted of an act of vandalism to state

park equipment, facilities, or resources 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. 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.

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.~~

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

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, 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. Sections 1909, 1910, and 74123 of the

natural resources and environmental protection act, 1994 PA 451,

MCL 324.1909, 324.1910, and 324.74123, are repealed effective

October 1, 2010.

Enacting section 2. Sections 2005, 2030, 74116, 74122, 78101,

78105, and 83106 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.2005, 324.2030, 324.74116,

324.74122, 324.78101, 324.78105, and 324.83106, as amended by this

amendatory act, and sections 1911, 2045, and 78119 of the natural

resources and environmental protection act, 1994 PA 451, as added

by this amendatory act, take effect October 1, 2010.

Enacting section 3. This amendatory act does not take effect

unless Senate Bill No. 389 of the 95th Legislature is enacted into

law.