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.