Bill Text: MI HB4381 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Recreation; state parks; waiver of passport recreational fees; provide in natural resources and environmental protection act for totally disabled veterans without special registration plates. Amends secs. 74116 & 78119 of 1994 PA 451 (MCL 324.74116 & 324.78119). TIE BAR WITH: HB 4380'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2017-12-13 - Referred To Committee On Veterans, Military Affairs And Homeland Security [HB4381 Detail]
Download: Michigan-2017-HB4381-Engrossed.html
HB-4381, As Passed House, December 12, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 4381
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 74116 and 78119 (MCL 324.74116 and 324.78119),
section 74116 as amended by 2016 PA 1 and section 78119 as amended
by 2013 PA 81.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 74116. (1) Subject to subsection (4), the operator of a
nonresident motor vehicle or commercial motor vehicle shall not
enter any state park with that motor vehicle unless a valid motor
vehicle park permit issued under section 74117 is affixed to the
lower right-hand corner of the windshield. An annual motor vehicle
park permit for a nonresident motor vehicle shall be affixed
permanently for that year. The department shall post signs at parks
that state that a motor vehicle park permit is required for entry
by a nonresident motor vehicle or commercial motor vehicle.
(2) Subject to subsection (4), the operator of a resident
motor vehicle shall not enter a state park with the resident motor
vehicle unless the recreation passport fee has been paid for that
motor vehicle. Payment of the recreation passport fee authorizes
entry into all state parks and recreation areas and designated
state-operated public boating access sites until expiration of the
motor vehicle registration.
(3) Subject to subsection (4), if the secretary of state
issues registration tabs or stickers as described in section 805 of
the Michigan vehicle code, 1949 PA 300, MCL 257.805, the operator
of a resident motor vehicle shall not enter a state park with the
resident motor vehicle unless the resident motor vehicle has a
registration tab or sticker marked as provided under that section
to show that the recreation passport fee has been paid for that
motor vehicle.
(4) Subsections (1) to (3) do not apply under any of the
following circumstances:
(a) While the motor vehicle is being driven or parked within
an
established federal , or
state , or county highway or
county
road within a state park.
(b) If the motor vehicle is used in the operation or
maintenance of a state park, is an emergency motor vehicle, is a
state owned or law enforcement motor vehicle, or is a private motor
vehicle being operated on official state business.
(c) If the motor vehicle is registered under section 803e(1)
of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, and is
exempt under section 803e(6) of the Michigan vehicle code, 1949 PA
300, MCL 257.803e, from the registration tax, or if the motor
vehicle
is registered under as
described in section 217d or 803f of
the Michigan vehicle code, 1949 PA 300, MCL 257.217d and 257.803f.
(d) At a state-operated public boating access site or a state
park where there is an opportunity to fish on a day that the
department has designated as a free winter fishing day or a free
fishing day under section 43534.
(e) If and to the extent that the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
Sec. 78119. (1) Subject to subsection (4), a person shall not
enter, in a nonresident motor vehicle or commercial motor vehicle,
a state-operated public boating access site designated under
section 78105(2) without a valid pass affixed to the lower right-
hand corner of the windshield. A seasonal pass shall be affixed
permanently for the season.
(2) Subject to subsection (4), the operator of a resident
motor vehicle shall not enter a state-operated public boating
access site designated under section 78105(2) with the resident
motor vehicle unless the recreation passport fee has been paid for
that motor vehicle. Payment of the recreation passport fee
authorizes entry into all state parks and recreation areas and
designated state-operated public boating access sites until
expiration of the motor vehicle registration.
(3) Subject to subsection (4), if the secretary of state
issues registration tabs or stickers as described in section 805 of
the Michigan vehicle code, 1949 PA 300, MCL 257.805, the operator
of a resident motor vehicle shall not enter a designated state-
operated public boating access site with the resident motor vehicle
unless the resident motor vehicle has a registration tab or sticker
marked as provided under that section to show that the recreation
passport fee has been paid for that motor vehicle.
(4) Subsections (1) to (3) do not apply under any of the
following circumstances:
(a) If the motor vehicle is used in the operation or
maintenance of the public boating access site, is an emergency
motor vehicle, is a state-owned or law enforcement motor vehicle,
or is a private motor vehicle being operated on official state
business.
(b) If the motor vehicle is registered under section 803e(1)
of the Michigan vehicle code, 1949 PA 300, MCL 257.803e, and is
exempt under section 803e(6) of the Michigan vehicle code, 1949 PA
300, MCL 257.803e, from the registration tax, or if the motor
vehicle
is registered under as
described in section 217d or 803f of
the Michigan vehicle code, 1949 PA 300, MCL 257.217d and 257.803f.
(c) If and to the extent the department waives the
requirements for department-sponsored events or other circumstances
as determined by the director or the director's designee.
(5) A person who violates subsection (1), (2), or (3) is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $100.00. A person shall not be cited
for a violation of both subsections (2) and (3) for the same
incident.
(6) In any proceeding for the violation of this part or a rule
promulgated under this part, if a motor vehicle is found parked in
a designated state-operated public boating access site, the
registration plate displayed on the motor vehicle constitutes prima
facie evidence that the owner of the motor vehicle was the person
who parked or placed it at the location where it was found.
Enacting section 1. This amendatory act takes effect February
19, 2019.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 4380 of the 99th Legislature is enacted into
law.
