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.