HB-5960, As Passed Senate, December 6, 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.