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.