SENATE BILL NO. 439


   March 16, 1999, Introduced by Senator JAYE and referred to the
        Committee on Natural Resources and Environmental Affairs.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 504 (MCL 324.504), as amended by 1996

   PA 171.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 504.  (1) The department shall promulgate rules for the

 2    protection of the lands and property under its control against

 3    wrongful use or occupancy.  as will ensure the carrying out
             of 

 4    THE RULES SHALL CARRY OUT the intent of this part to protect the

 5    lands and property from depredations and to preserve the lands

 6    and property from molestation, spoilation, destruction, or any

 7    other improper use or occupancy.

 8         (2) This section does not allow the department to promulgate

 9    a rule that applies to commercial fishing except as otherwise

10    provided by law.


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 1         (3) THE DEPARTMENT SHALL NOT BY RULE OR ORDER PROHIBIT

 2    HUNTING OR VEHICLE USE ON LAND UNDER ITS CONTROL UNLESS A DAY

 3    CAMP IS ESTABLISHED ON THE LAND OR THE CLOSURE IS SPECIFICALLY

 4    AUTHORIZED BY STATUTE.  A RULE OR ORDER PROHIBITING HUNTING OR

 5    VEHICLE USE ON LAND UNDER THE DEPARTMENT'S CONTROL SHALL EXPIRE

 6    NOT LATER THAN 4 YEARS AFTER THE EFFECTIVE DATE OF THE RULE OR

 7    ORDER.  HOWEVER, IF THE RULE OR ORDER WAS IN EFFECT ON THE EFFEC-

 8    TIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE

 9    RULE OR ORDER SHALL EXPIRE NOT LATER THAN 4 YEARS AFTER THE

10    EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.

11    THIS SUBSECTION DOES NOT APPLY TO LAND DESIGNATED AS COMMERCIAL

12    FOREST UNDER PART 511.

13         (4) The department shall issue orders necessary to implement

14    rules promulgated under this section.  These orders shall be

15    effective upon posting.

16         (5) A person who violates a rule promulgated under this sec-

17    tion or an order issued under this section is responsible for a

18    state civil infraction and may be ordered to pay a civil fine of

19    not more than $500.00.



















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