Bill Text: MI HB4551 | 2019-2020 | 100th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Natural resources: funding; recreation passport fee; clarify exemption for totally disabled veterans. Amends secs. 40111, 74116 & 78119 of 1994 PA 451 (MCL 324.40111 et seq.). TIE BAR WITH: HB 4552'19

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed) 2020-02-19 - Referred To Committee On Transportation And Infrastructure [HB4551 Detail]

Download: Michigan-2019-HB4551-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4551

 

 

May 2, 2019, Introduced by Reps. LaFave, Berman, Marino, Mueller and Markkanen and referred to the Committee on Military, Veterans and Homeland Security.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 40111, 74116, and 78119 (MCL 324.40111,

 

324.74116, and 324.78119), section 40111 as amended by 2018 PA 272,

 

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. 40111. (1) Except as otherwise provided in subsection (3)

 

or (5), this part, or in a department order authorized under

 

section 40107, an individual shall not take an animal from in or

 

upon a vehicle.

 

     (2) Except as otherwise provided in subsection (3), (4), or

 

(5), this part, or in a department order authorized under section

 

40107, an individual shall not transport or possess a firearm in or

 


upon a vehicle, unless the firearm is unloaded and enclosed in a

 

case, unloaded and carried in the trunk of a vehicle, or unloaded

 

in a motorized boat.

 

     (3) A person with a disability may transport or possess a

 

firearm in or upon a vehicle, except for a car or truck, on a state

 

licensed game bird hunting preserve if the firearm is unloaded and

 

the vehicle is operated at a speed of not greater than 10 miles per

 

hour. A person with a disability may possess a loaded firearm and

 

may discharge that firearm to take an animal from in or upon a

 

vehicle, except for a car or truck, on a state licensed game bird

 

hunting preserve if the vehicle is not moving. The department may

 

demand proof of eligibility under this subsection. An individual

 

shall possess proof of his or her eligibility under this subsection

 

and furnish the proof upon the request of a peace officer.

 

     (4) An individual may transport or possess an unloaded firearm

 

in or upon a vehicle on a sporting clays range.

 

     (5) An individual holding a valid permit to hunt from a

 

standing vehicle under section 40114 may transport or possess an

 

uncased firearm with a loaded magazine on a personal assistive

 

mobility device if the action is open. An individual holding a

 

valid permit to hunt from a standing vehicle under section 40114

 

may possess a loaded firearm and may discharge that firearm to take

 

game from a personal assistive mobility device if each of the

 

following applies:

 

     (a) The personal assistive mobility device is not moving.

 

     (b) The individual holds a valid base license under section

 

43523a, holds any other necessary license under part 435, and


complies with all other laws and rules for the taking of game.

 

     (6) An individual may transport or possess a bow or crossbow

 

in or upon a vehicle while that vehicle is operated on public land

 

or on a highway, road, or street in this state if the bow or

 

crossbow is unloaded and uncocked, enclosed in a case, or carried

 

in the trunk of a vehicle.

 

     (7) An individual shall not hunt with a firearm within 150

 

yards of an occupied building, dwelling, house, residence, or

 

cabin, or any barn or other building used in connection with a farm

 

operation, without obtaining the written permission of the owner,

 

renter, or occupant of the property.

 

     (8) As used in this section:

 

     (a) "Person with a disability" means a disabled person as that

 

term is defined in section 19a of the Michigan vehicle code, 1949

 

PA 300, MCL 257.19a, or a totally disabled veteran as that term is

 

defined in section 68c of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.68c, and who is in possession of 1 of the following:

 

     (i) A certificate of identification or windshield placard

 

issued to a disabled person under section 675 of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.675.

 

     (ii) A special registration plate issued to a disabled person

 

or totally disabled veteran under section 803d of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.803d.

 

     (iii) A tab for disabled veterans issued to a totally disabled

 

veteran under section 803f of the Michigan vehicle code, 1949 PA

 

300, MCL 257.803f.

 

     (b) "Personal assistive mobility device" means any device,


including, but not limited to, one that is battery-powered, that is

 

designed solely for use by an individual with mobility impairment

 

for locomotion and is considered an extension of the individual.

 

     (c) "Uncocked" means the following:

 

     (i) For a bow, that the bow is not in the drawn position.

 

     (ii) For a crossbow, that the crossbow is not in the cocked

 

position.

 

     (d) "Unloaded" means the following:

 

     (i) For a firearm, that the firearm does not have ammunition

 

in the barrel, chamber, cylinder, clip, or magazine when the

 

barrel, chamber, cylinder, clip, or magazine is part of or attached

 

to the firearm.

 

     (ii) For a bow, that an arrow is not nocked.

 

     (iii) For a crossbow, that a bolt is not in the flight groove.

 

     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 must 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.

 

     (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, state, or county highway 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 section 217d or 803f of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.217d and 257.803f, or if the

 

motor vehicle has a tab for disabled veterans issued under section

 

803f of the Michigan vehicle code, 1949 PA 300, MCL 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 must 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.

 

     (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 section 217d or 803f of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.217d and 257.803f, or if the

 

motor vehicle has a tab for disabled veterans issued under section

 

803f of the Michigan vehicle code, 1949 PA 300, MCL 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 does not take effect

 

unless Senate Bill No.____ or House Bill No. 4552 (request no.

 

02237'19) of the 100th Legislature is enacted into law.

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