SENATE BILL NO. 31

January 16, 2019, Introduced by Senator VICTORY and referred to the Committee on Natural Resources.

"Natural resources and environmental protection act,"

by amending sections 2001, 72302, 74101, 74116, 74117, 74120, 74122, 78101, 78105, and 83106 (MCL 324.2001, 324.72302, 324.74101, 324.74116, 324.74117, 324.74120, 324.74122, 324.78101, 324.78105, and 324.83106), section 2001 as amended by 2010 PA 32, section 72302 as added by 1995 PA 58, sections 74101 and 74122 as amended by 2010 PA 33, section 74116 as amended by 2016 PA 1, sections 74117, 74120, and 78105 as amended by 2013 PA 81, section 78101 as amended by 2010 PA 302, and section 83106 as amended by 2010 PA 34; and to repeal acts and parts of acts.

the people of the state of michigan enact:

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.

(c) "Legacy fund" means the Michigan conservation and 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).that term as defined in section 74101.

(g) "Snowmobile account" means the snowmobile account of the legacy fund provided for in section 2025.

(h) "State park improvement account" means the state park improvement account of the legacy fund provided for in section 2030.

(i) "Waterways account" means the waterways account of the legacy fund provided for in section 2035.

Sec. 72302. (1) Within Subject to legislative appropriations, the department shall make a survey and prepare a master plan for a state system of trails with campsites and necessary facilities that takes into account points of historical interest and scenic beauty. Revisions of the plan may be made from time to time. On those parts of the trail that are not public roads, the department may prohibit motor equipment. The department may provide, develop, and maintain a system of trails with campsites and necessary facilities for the use of the public, within the subject to appropriations made for those purposes by the legislature.

(2) The director shall designate state trailheads for which a recreation passport is required. The operator of a motor vehicle shall not enter a state trailhead so designated by the director, except in compliance with the recreation passport requirements of part 741.

(3) As used in this section, "state trailhead" means a state-operated parking lot and any associated facilities that provide motor vehicle parking access to a designated trail, route, or pathway.

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) "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.

(d) "Nonresident commercial motor vehicle" means a commercial motor vehicle that is not registered as a motor vehicle in this state.

(e) (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.

(f) "Recreation passport" means any of the following, as applicable, that authorize entry into a recreational fee area:

(i) A distinctively marked registration tab or sticker, or alternative method to indicate that a recreation passport fee has been paid, issued under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805.

(ii) A recreation passport issued under section 74117 or 74120.

(g) (e) "Recreation passport fee" means that term as defined in section 2001.a fee paid for a recreation passport under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805, or section 74117 or 74120, or under orders issued or rules promulgated under these provisions of law.

(h) "Recreational fee area" means any of the following:

(i) A state park.

(ii) A state trailhead designated under section 72302(2).

(iii) A state-operated public boating access site designated under section 78105(2).

(iv) A state forest campground designated under section 83106(4).

(i) (f) "Resident motor vehicle" means a motor vehicle, other than a commercial motor vehicle, that is registered as a motor vehicle in this state.

(j) (g) "State park" means a state park or state recreation area designated by the director.

(k) (h) "State park improvement account" means the state park improvement account of the Michigan conservation and recreation legacy fund provided for in section 2030.

(l) (i) "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. 74116. (1) Subject to subsection (4), (3), the operator of a nonresident motor vehicle or any commercial motor vehicle shall not enter any state park recreational fee area with that motor vehicle unless a valid motor vehicle park permit current recreation passport issued under section 74117 is affixed to the lower right-hand corner of the windshield. 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 park permit is required for entry by a nonresident motor vehicle or commercial motor vehicle.74117(2) or (3) is displayed on the motor vehicle as provided in section 74117(5).

(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. Payment of the recreation passport fee authorizes entry into all state parks and recreation areas and designated state-operated public boating access sites until expiration of the motor vehicle registration.

(2) (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, (3), the operator of a resident motor vehicle shall not enter a state park recreational fee area with the resident motor vehicle unless the resident motor vehicle has a registration tab or sticker marked as provided under that section to show that the recreation passport fee has been paid.a current recreation passport issued under section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805, is displayed on the motor vehicle as provided for in that section or a current recreation passport issued under section 74120(2) is displayed on the motor vehicle as provided in section 74117(5). Payment of the recreation passport fee for a resident motor vehicle authorizes entry into all recreational fee areas until expiration of the motor vehicle registration.

(3) (4) Subsections (1) to (3) and (2) do not apply under any of the following circumstances:

(a) While the motor vehicle is being driven or parked within on an established federal, state, or county highway within a state park.recreational fee area.

(b) If the motor vehicle is used in the operation or maintenance of a state park, recreational fee area, is an emergency motor vehicle, is a state owned motor vehicle or law enforcement motor vehicle, or is a private motor vehicle being operated on official state business.

(c) If the motor vehicle is registered under section 803e(1) of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, and is exempt under section 803e(6) of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, from the registration tax, or if the motor vehicle is registered under section 217d or 803f of the Michigan vehicle code, 1949 PA 300, MCL 257.217d and 257.803f.

(d) At a state-operated public boating access site or a state park recreational fee area where there is an opportunity to fish for free on a day that the department has designated as a free winter fishing day or a free fishing day under section 43534.

(e) If and to the extent that the department waives the requirements for department-sponsored events or other circumstances as determined by the director or the director's designee.

(4) The department shall post signs at recreational fee areas that state that a recreation passport is required for entry by a motor vehicle.

Sec. 74117. (1) This subsection and subsections (2) to (9) apply beginning October 1, 2010. The department shall prepare and distribute park permits recreation passports, other than those provided for in section 805 of the Michigan vehicle code, 1949 PA 300, MCL 257.805, as necessary to implement this part.

(2) Except as otherwise provided in this section, the department shall issue an annual nonresident motor vehicle park permit recreation passport that authorizes the entry of a nonresident motor vehicle to which it is originally attached within any state park recreational fee area during the calendar year for which it is issued. The fee for the annual nonresident motor vehicle park permit recreation passport for the owner of a nonresident motor vehicle is $29.00. An annual park permit recreation passport for a nonresident motor vehicle shall not be used for a nonresident commercial motor vehicle.

(3) The department shall issue a daily motor vehicle park permit, valid for 1 day only, recreation passport that authorizes the entry of a nonresident motor vehicle or any commercial motor vehicle to which it is originally attached within any state park recreational fee area only during the single day for which it is issued. The fee for a daily recreation passport for a nonresident motor vehicle park permit is $8.00. The fee for a daily recreation passport for a commercial motor vehicle park permit is $15.00.

(4) A person who has obtained an annual recreation passport for a 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) A recreation passport issued under this section or section 74120(2) shall be displayed in the lower right-hand corner of the motor vehicle windshield and, if it is an annual recreation passport, shall be affixed to the windshield in the manner for which it is designed.

(6) (5) The department may designate persons in this state authorized to sell park permits. recreation passports. 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 and recreation passport under 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.

(7) (6) If a person's annual recreation passport for a nonresident motor vehicle park permit is lost or destroyed, the department shall provide that person with a replacement motor vehicle park permit recreation passport free of charge. The department may require a person requesting a replacement motor vehicle park permit recreation passport to supply sufficient evidence of the loss or destruction of the original motor vehicle park permit.recreation passport.

(8) (7) The department may add to the cost of a reservation or a motor vehicle park permit recreation passport or to a camping fee the charges that the this state incurs because of the use of a credit card.

(9) (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 recreational fee areas. Additional permits for special services or park privileges as may be required by law statute or by rules promulgated by the department.

(10) (9) For each calendar 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 Consumer Price Index from October 1, 2010 to the October 1 immediately preceding that calendar year, using the most recent data available and rounded to the nearest dollar.

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

(2) The department may promulgate rules providing a method for an individual whose resident motor vehicle registration expires annually to pay a state park and state-operated public boating access site obtain a 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 a method provided for by rule under this subsection 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.

(3) The department shall promulgate rules providing a method for an individual whose motor vehicle registration does not expire annually and who is exempt under sections 74116(4)(c) and 78119(4)(b) section 74116(3)(c)from the recreation passport fee to obtain a recreation passport and voluntarily pay the recreation passport fee as a donation. 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 under this subsection 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.

(4) A rule promulgated under this section shall provide for a method evidencing payment of the state park and state-operated public boating access site recreation passport fee, such as 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) , or (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, if a motor vehicle is found parked in a state park, recreational fee area, 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) 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.

(a) (b) "Commission" means the Michigan state waterways commission.

(b) (c) "Department" means the department of natural resources.

(d) "Designated state-operated public boating access site" means a state-operated public boating access site designated under section 78105(2).

(d) (f) "Diesel motor fuel" means any liquid fuel used in the operation of engines of the diesel type in motor vehicles or watercraft.

(e) (g) "Gasoline" means gasoline, casing head or natural gasoline, benzole, benzine, and naphtha. 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, unless the resultant product obtained is entirely incapable of use for the generation of power for the propulsion of motor vehicles or watercraft. 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.

(f) (h) "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.

(g) (i) "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.

(h) (j) "Inland lake or stream" means that term as defined in section 30101.

(i) (k) "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.

(j) (l) "Marina" means a site that contains harbor facilities.

(k) (m) "Motor vehicle" means that term as defined in section 74101.

(l) (n) "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.

(m) (p) "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.

(n) (q) "Public boating access site" means a publicly owned site for the launching of recreational watercraft.

(o) (r) "Recreational boating facilities" means boat launches, harbors, marinas, and locks assisting recreational boats accessing water bodies at different elevations.

(s) "Recreation passport fee" means that term as defined in section 2001.

(t) "Resident motor vehicle" means that term as defined in section 74101.

(p) (u) "Retail fuel dealer" includes any person or persons, both private and municipal, who that engage in the business of selling or distributing fuel within this state.

(q) (v) "Secretary of state" means the secretary of state of this state, acting directly or through a duly authorized deputy, investigators, agents, and employees.

(r) (w) "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 Sea Scouts, BSA 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.

(s) (x) "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.

(t) (y) "Waterway" means any body of water.

(u) (z) "Waterways account" means the waterways account of the Michigan conservation and recreation legacy fund provided for in section 2035.

Sec. 78105. (1) The department has 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 this state.

(b) To acquire, by purchase, lease, gift, or condemnation the lands, rights of way, and easements necessary for harbors and channels. For the purposes of this subdivision, the department shall be considered a state agency under 1911 PA 149, MCL 213.21 to 213.25.

(c) To acquire, by purchase, lease, gift, or condemnation 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 this state and the governor in dealings with the chief of engineers of the United States army 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 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, subject to section 78119(4), shall not be entered by a resident motor vehicle unless the for which a 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.is required. The operator of a motor vehicle shall not enter a state-operated public boating access site so designated by the director, except in compliance with the recreation passport requirements of part 741.

(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. 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 subsection (2) shall be deposited into the forest recreation account.

(4) The director shall designate state forest campgrounds for which a recreation passport is required. The operator of a motor vehicle shall not enter a state forest campground so designated by the director, except in compliance with the recreation passport requirements of part 741.

Enacting section 1. Section 78119 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.78119, is repealed.

Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.