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.