HB-5960, As Passed House, May 2, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5960

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 78101 (MCL 324.78101), as amended by 2004 PA

587, and by adding section 78117.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 78101. As used in this part:

     (a) "Commission" means the Michigan state waterways

commission.

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

     (c) "Director" means the administrative director of the

commission.

     (d) "Diesel motor fuel" means any liquid fuel used in the

operation of engines of the diesel type in motor vehicles or

watercraft.

     (e) "Gasoline" means gasoline, casing head or natural

gasoline, benzole, benzine, and naphtha; also, 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, with or without other products,

and regardless of the original character of the petroleum products

blended, if the resultant product obtained is capable of use for

the generation of power for the propulsion of motor vehicles or

watercraft, it being the intention that the blending of the

products, regardless of name or characteristics, shall conclusively

be presumed to produce motor fuel, unless the resultant product is

entirely incapable for use as motor fuel. 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) "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) "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) "Inland lake or stream" means that term as defined in

section 30101.

(i)  (h) "Liquefied petroleum gas" means gases derived from

petroleum or natural gases  which  that are in the gaseous state at

normal atmospheric temperature and pressure, but  which  that may

be maintained in the liquid state at normal atmospheric temperature

by suitable pressure.

(j)  (i) "Marina" means a site  which  that contains harbor

facilities.

(k)  (j) "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.

(l)  (k) "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.

(m)  (l) "Public boating access site" means a publicly owned

site for the launching of recreational watercraft.

(n)  (m) "Retail fuel dealer" includes any person or persons,

both private and municipal, who engage in the business of selling

or distributing fuel within  the  this state.

(o)  (n) "Secretary of state" means the secretary of state of

this state, acting directly or through a duly authorized deputy,

investigators, agents, and employees.

(p)  (o) "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 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.

(q)  (p) "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.

(r)  (q) "Waterway" means any body of water.

(s)  (r) "Waterways account" means the waterways account of

the Michigan conservation and recreation legacy fund provided for

in section 2035. This subdivision does not apply unless 2004 PA 587

takes effect, as a result of Joint Resolution Z of the 92nd

Legislature becoming a part of the state constitution of 1963 as

provided in section 1 of article XII of the state constitution of

1963.

     Sec. 78117. A township may by ordinance regulate activities at

a public boating access site owned by the department and located on

an inland lake or stream. However, the scope of the ordinance shall

not exceed the scope of applicable rules promulgated or orders

issued by the department under section 504.