Act No. 130

Public Acts of 2004

Approved by the Governor

June 3, 2004

Filed with the Secretary of State

June 3, 2004

EFFECTIVE DATE: June 3, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Koetje, Tabor, Sheltrown, Hummel, Robertson, Stakoe, Brown, Newell, Ehardt, Hoogendyk, Middaugh, Meyer, Rocca, Acciavatti, Emmons, Mortimer, Palsrok, McConico, Stewart, Zelenko, DeRossett, Richardville, Spade, Hager, Julian, Bradstreet, Smith, Farrah, Pastor, Brandenburg, Garfield, Gleason, Milosch, Nofs, Byrum, Steil, Elkins, Gillard and Casperson

ENROLLED HOUSE BILL No. 4867

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section504 (MCL 324.504), as amended by 1996 PA 171.

The People of the State of Michigan enact:

Sec. 504. (1) The department shall promulgate rules for the protection of the lands and property under its control against wrongful use or occupancy as will ensure the carrying out of the intent of this part to protect the lands and property from depredations and to preserve the lands and property from molestation, spoilation, destruction, or any other improper use or occupancy.

(2) This section does not allow the department to promulgate a rule that applies to commercial fishing except as otherwise provided by law.

(3) The department shall not promulgate or enforce a rule that prohibits an individual who is licensed or exempt from licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a pistol in compliance with that act, whether concealed or otherwise, on property under the control of the department.

(4) The department shall issue orders necessary to implement rules promulgated under this section. These orders shall be effective upon posting.

(5) A person who violates a rule promulgated under this section or an order issued under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $500.00.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 221 of the 92nd Legislature is enacted into law.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor