Bill Text: MI SB1106 | 2017-2018 | 99th Legislature | Introduced

---

Bill Title: Recreation; other; purple paint marks designating a no trespassing area; allow. Amends secs. 73102, 73104 & 73105 of 1994 PA 451 (MCL 324.73102 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-09-05 - Referred To Committee On Outdoor Recreation And Tourism [SB1106 Detail]

Download: Michigan-2017-SB1106-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1106

 

 

September 5, 2018, Introduced by Senator MACGREGOR and referred to the Committee on Outdoor Recreation and Tourism.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 73102, 73104, and 73105 (MCL 324.73102,

 

324.73104, and 324.73105), section 73102 as amended by 1998 PA 546

 

and sections 73104 and 73105 as added by 1995 PA 58.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 73102. (1) Except as provided in subsection (4), a person

 

shall not enter or remain upon the property of another person,

 

other than farm property or a wooded area connected to farm

 

property, to engage in any a recreational activity or trapping on

 

that property without the consent of the owner or his or her lessee

 

or agent, if either any of the following circumstances exists:

 

exist:

 

     (a) The property is fenced or enclosed and is maintained in

 

such a manner as to exclude intruders.

 

     (b) The property is posted in a conspicuous manner against

 

entry . by 1 of the following means:

 

     (i) By posting signs. The minimum letter height on the posting

 

signs a posted sign shall be 1 inch. Each posting A posted sign

 

shall be not less than 50 square inches. , and the The signs shall

 

be spaced to enable a person an individual to observe not less than

 

1 sign at any point of entry upon the property.

 

     (ii) By placing purple paint marks on trees or posts around

 

the property.

 

     (2) Except as provided in subsection (4), a person shall not

 

enter or remain upon farm property or a wooded area connected to

 

farm property for any a recreational activity or trapping without

 

the consent of the owner or his or her lessee or agent, whether or

 

not the farm property or wooded area connected to farm property is

 

fenced, enclosed, or posted.

 

     (3) On fenced or posted property or farm property, a fisherman

 

wading or floating a navigable public stream may, without written

 

or oral consent, enter upon property within the clearly defined

 

banks of the stream or, without damaging farm products, walk a

 

route as closely proximate to the clearly defined bank as possible

 

when necessary to avoid a natural or artificial hazard or

 

obstruction, including, but not limited to, a dam, deep hole, or a

 

fence or other exercise of ownership by the riparian owner.

 

     (4) A person An individual other than a person an individual

 

possessing a firearm may, unless previously prohibited in writing

 

or orally by the property owner or his or her lessee or agent,

enter on foot upon the property of another person for the sole

 

purpose of retrieving a hunting dog. The person individual shall

 

not remain on the property beyond the reasonable time necessary to

 

retrieve the dog. In an action under section 73109 or 73110, the

 

burden of showing that the property owner or his or her lessee or

 

agent previously prohibited entry under this subsection is on the

 

plaintiff or prosecuting attorney, respectively.

 

     (5) Consent to enter or remain upon the property of another

 

person pursuant to under this section may be given orally or in

 

writing. The consent may establish conditions for entering or

 

remaining upon that property. Unless prohibited in the written

 

consent, a written consent may be amended or revoked orally. If the

 

owner or his or her lessee or agent requires all persons entering

 

or remaining upon the property to have written consent, the

 

presence of the person on the property without written consent is

 

prima facie evidence of unlawful entry.

 

     Sec. 73104. A person shall not remove, deface, or destroy a

 

sign or poster that has been posted, pursuant to or a purple paint

 

mark that has been placed on a tree or post, under this part.

 

     Sec. 73105. A person shall not post a sign, or place a purple

 

paint mark on a tree or post, on property owned by another person

 

or enclose the property of another person to prohibit hunting,

 

fishing, trapping, or other recreational activities on that

 

property without the written permission of the owner of that

 

property or his or her lessee or agent.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.