January 13, 2010, Introduced by Senator BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 74101, 74102, 74102a, 74116, 74117, 74120, and
74122 (MCL 324.74101, 324.74102, 324.74102a, 324.74116, 324.74117,
324.74120, and 324.74122), sections 74101 and 74122 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, and section 74117 as
amended by 2009 PA 197; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74101. As used in this part:
(a)
"Committee" means the citizens committee for Michigan
state
parks created in section 74102a.
(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) "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) "Nonresident motor vehicle" means a motor vehicle other
than a commercial motor vehicle that is not registered as a motor
vehicle in this state.
(e) "Recreation passport fee" means that term as defined in
section 2001.
(f) "Resident motor vehicle" means a motor vehicle other than
a commercial motor vehicle that is registered as a motor vehicle in
this state.
(g) (d)
"State park" means a
state park or state recreation
area designated by the director.
(h) (e)
"State park improvement
account" means the state park
improvement account of the Michigan conservation and recreation
legacy fund provided for in section 2030.
(i) (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.
(c) Michigan state parks are an important component of
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.
(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.
(1) (12)
The committee commission 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.
(c) Inform and educate the public about the importance of and
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) and periodically thereafter,
Periodically 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 of this section
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
whether land within a state park should be transferred as provided
in section 74102b.
(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 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 a meeting of the committee, but
only
upon the approval of 3/4 of those present at the meeting.
(2) Not later than 180 days after the effective date of the
amendatory act that added this subsection, the commission 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 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 commission shall
consult with the department and interested parties. The commission
shall consider at least all of the following:
(a) Increased preventative maintenance.
(b) Energy conservation and efficiency.
(c) Contracting concessions, major maintenance or renovation
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.
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, is a state owned or law
enforcement motor vehicle, or is a private motor vehicle being
operated on official state business.
(c) 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.
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)
Before April 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)
Before April 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)
Before April 1, 2010, for For
the owner of a resident
motor vehicle, $6.00.
(b)
Before April 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 of a person other than a department employee that
the person furnish a surety bond in an amount, in a form, and with
a surety 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. Before April
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.
(19) (10)
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.
(3) A rule promulgated under subsection (2) does not apply
after April 1, 2014 unless, during at least 1 of the state fiscal
years ending September 30, 2011, 2012, and 2013, revenue from the
recreation passport fee, minus appropriations to the secretary of
state under section 2045(1)(a), equals or exceeds $12,017,514.00.
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.
Enacting section 1. Sections 74101, 74102, 74116, and 74122 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.74101, 324.74102, 324.74116, and 324.74122, as amended
by this amendatory act, take 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. 389.
(b) House Bill No. 4677.
(c) Senate Bill No. ____ or House Bill No. ____ (request no.
05660'09 *).