HOUSE BILL No. 4563

 

March 11, 2009, Introduced by Rep. Hansen and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 43537, 74117, and 83106 (MCL 324.43537,

 

324.74117, and 324.83106), section 43537 as amended by 2007 PA 60,

 

section 74117 as amended by 2006 PA 477, and section 83106 as

 

amended by 2004 PA 587.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 43537. (1) A resident who is declared legally blind is

 

eligible to purchase a senior restricted or senior all-species

 

fishing license. The department may demand proof of blindness. The

 

licensee, when fishing, shall possess proof of blindness and shall

 

furnish the proof upon the request of a peace officer.

 

     (2) A disabled veteran or a resident who has been a prisoner

 

of war is eligible to purchase any senior hunting license under

 


this part free of charge. described in section 43535 or any senior

 

fishing license described in section 43536, or both.

 

     (3) As a pilot project for 2007, there shall be a disabled

 

veterans firearm deer season in at least 3 areas of this state,

 

including Marquette county and deer management units 053 and 064.

 

The disabled veterans firearm deer season shall correspond with the

 

youth firearm deer hunting days, if any, established by order of

 

the commission. A disabled veteran may take 1 deer during the

 

disabled veterans firearm deer season. A disabled veteran taking

 

deer during this season shall possess a current firearm deer

 

license, combination deer license, or antlerless deer license or a

 

deer management assistance permit authorizing the disabled veteran

 

to take a deer with a firearm and issued for the area or land upon

 

which the veteran is hunting. The same kind of deer may be taken

 

during the disabled veterans firearm deer season as during the

 

regular November firearm deer season. This subsection does not

 

limit the authority of the commission under section 40113a to

 

establish a special hunting season in any area of this state for

 

veterans with disabilities or other classes of individuals.

 

     (3) (4) The department may demand proof of eligibility under

 

subsection (1) or (2). or (3). The licensee, when hunting or taking

 

aquatic species, as applicable, shall possess proof of his or her

 

eligibility under subsection (1) or (2), as applicable, or (3) and

 

shall furnish the proof upon the request of a peace officer.

 

     (4) (5) The department shall process licenses issued under

 

subsection (2) this section in the same manner as licenses issued

 

to senior citizens for purposes of receiving appropriations from

 


the legislature under section 43546.

 

     (6) As used in this section, "disabled veteran" means either

 

of the following:

 

     (a) A resident who has been determined by the United States

 

department of veterans affairs to be permanently and totally

 

disabled as a result of military service and entitled to veterans'

 

benefits at the 100% rate, for a disability other than blindness.

 

     (b) A resident rated by the United States department of

 

veterans affairs as individually unemployable.

 

     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 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.

 

     (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, 2010, 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 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, 2010, for the owner of a resident motor

 

vehicle, $6.00.

 

     (b) Until January 1, 2010, 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 the camping stay.

 

     (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.

 

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

 

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

 

After being designated by the department, a person may issue park

 

permits in accordance with under this part.

 

     (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 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.

 

     (8) The department shall waive state park entry and camping

 

fees for a disabled veteran, as defined in section 43537, or a

 

resident who has been a prisoner of war. The department may demand

 

proof of eligibility under this subsection.

 

     (9) (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.

 


     (10) (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.

 

     (11) (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.

 

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

 

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

 

state.

 

     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. The department

 

shall waive camping permit fees for a disabled veteran, as defined

 

in section 43537, or a resident who has been a prisoner of war. The

 


department may demand proof of eligibility under this subsection.

 

     (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.

 

     (3) Money collected under this section shall be deposited into

 

the forest recreation account.