SENATE BILL NO. 1178

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.

(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.

(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.

(f) If the motor vehicle appropriately displays, in a manner determined by the department of natural resources, a hangtag, sticker, or other type of form that identifies the owner or operator as a resident who is an honorably discharged veteran or actively serving military member. Upon the request of a resident, the department of military and veterans affairs shall verify the resident's status as an honorably discharged veteran or actively serving military member. After verification, the department of military and veterans affairs shall issue to the resident a hangtag, sticker, or other type of form agreed to by the department of natural resources for the purposes of this subdivision.

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.

(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.

(c) At a state-operated public boating access site 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.

(d) (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.

(e) If the motor vehicle appropriately displays, in a manner determined by the department of natural resources, a hangtag, sticker, or other type of form that identifies the owner or operator as a resident who is an honorably discharged veteran or actively serving military member. Upon the request of a resident, the department of military and veterans affairs shall verify the resident's status as an honorably discharged veteran or actively serving military member. After verification, the department of military and veterans affairs shall issue to the resident a hangtag, sticker, or other type of form agreed to by the department of natural resources for the purposes of this subdivision.

(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.