HOUSE BILL No. 6400

 

September 5, 2006, Introduced by Reps. Vander Veen, Kathleen Law and Zelenko and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 74117, 74121, and 74122 (MCL 324.74117,

 

324.74121, and 324.74122), section 74117 as amended by 2003 PA 170

 

and sections 74121 and 74122 as added by 1995 PA 58.

 

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 condition entry into a state park upon compliance

 

with state park rules. 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 1, 2007, 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, 2007, 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 1, 2007, for the owner of a resident motor

 

vehicle, $6.00.

 

     (b) Until January 1, 2007, 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 camping stay.

 

     (5) The department shall provide an annual report to the

 

standing committees in the senate and house of representatives

 

along with the appropriate budget subcommittees that primarily

 

consider natural resources issues 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) A resident motor vehicle is a vehicle that is registered

 

as a motor vehicle in this state.

 

     (7) 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 a surety bond be furnished in an amount and in a

 

form and with the surety as is acceptable to the department. After

 

being designated by the  Department  department, a person may issue

 

park permits in accordance with this part.


 

     (8) 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, 2007, 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.

 

     (9) 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.

 

     (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.

 

     Sec. 74121. A person shall not do the following in a state

 

park:

 

     (a) Destroy, damage, or remove any tree, shrub, wildflower, or

 

other vegetation or property without the permission of the

 

department.

 

     (b) Operate a motor vehicle except in a designated area.

 

     (c) Feed seagulls.

 

     (d)  (c)  Violate this part or rules promulgated under this

 

part.

 

     Sec. 74122. (1)  A  Except as provided in subsection (3), 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 a motor

 

vehicle without the required park 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 fund.

 

     (3) A person who violates section 74121(c) shall be expelled

 

from the state park for the day.