Bill Text: MI HB4203 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Recreation; outdoor activities; waiver or reduction of state recreational fees; require for certain veterans. Amends secs. 43537, 74117 & 83106 of 1994 PA 451 (MCL 324.43537 et seq.).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2009-05-14 - Referred To Committee On Senior Citizens And Veterans Affairs [HB4203 Detail]
Download: Michigan-2009-HB4203-Introduced.html
HOUSE BILL No. 4203
February 5, 2009, Introduced by Reps. McDowell, Lahti, Sheltrown, Spade, Gonzales, Nerat, Lindberg and Miller 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 described
in
section 43535 or any senior fishing license described in section
43536,
or both purchase any resident
license under this part for
$1.00.
(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
(2) (1) or (3) (2). The licensee, when hunting
or taking
aquatic
species , as applicable, or hunting shall possess
proof of
his
or her eligibility under subsection (2) (1) or (3) (2), as
applicable, 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.
(5) (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 that 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.
