| 1 | 1 | | HOUSE BILL NO. 4176 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 73102 (MCL 324.73102), as amended by 1998 PA 546. the people of the state of michigan enact: Sec. 73102. (1) Except as provided in subsection (4), subsections (2) and (3), 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 in area. , 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 with paint approved for that purpose by the department. Each paint mark shall be a vertical line at least 8 inches long, and the bottom of the paint mark shall be between 3 feet and 5 feet above the ground. The paint marks shall be not more than 100 feet apart and shall be placed so that they are readily visible to persons approaching the property. (c) (2) Except as provided in subsection (4), a person shall not enter or remain upon The property is farm property or a wooded area connected to farm property. for any 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. (2) (3) On fenced or posted property or farm property, a A fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon fenced or posted property or farm 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. (3) (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. (4) (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. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless House Bill No. 4177 (request no. H01800'25) of the 103rd Legislature is enacted into law. |
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| 23 | 23 | | HOUSE BILL NO. 4176 |
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| 27 | 27 | | A bill to amend 1994 PA 451, entitled |
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| 28 | 28 | | |
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| 29 | 29 | | "Natural resources and environmental protection act," |
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| 30 | 30 | | |
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| 31 | 31 | | by amending section 73102 (MCL 324.73102), as amended by 1998 PA 546. |
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| 32 | 32 | | |
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| 33 | 33 | | the people of the state of michigan enact: |
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| 35 | 35 | | Sec. 73102. (1) Except as provided in subsection (4), subsections (2) and (3), 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: |
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| 36 | 36 | | |
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| 37 | 37 | | (a) The property is fenced or enclosed and is maintained in such a manner as to exclude intruders. |
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| 38 | 38 | | |
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| 39 | 39 | | (b) The property is posted in a conspicuous manner against entry . by 1 of the following means: |
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| 40 | 40 | | |
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| 41 | 41 | | (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 in area. , 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. |
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| 42 | 42 | | |
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| 43 | 43 | | (ii) By placing purple paint marks on trees or posts around the property with paint approved for that purpose by the department. Each paint mark shall be a vertical line at least 8 inches long, and the bottom of the paint mark shall be between 3 feet and 5 feet above the ground. The paint marks shall be not more than 100 feet apart and shall be placed so that they are readily visible to persons approaching the property. |
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| 44 | 44 | | |
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| 45 | 45 | | (c) (2) Except as provided in subsection (4), a person shall not enter or remain upon The property is farm property or a wooded area connected to farm property. for any 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. |
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| 46 | 46 | | |
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| 47 | 47 | | (2) (3) On fenced or posted property or farm property, a A fisherman wading or floating a navigable public stream may, without written or oral consent, enter upon fenced or posted property or farm 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. |
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| 48 | 48 | | |
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| 49 | 49 | | (3) (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. |
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| 50 | 50 | | |
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| 51 | 51 | | (4) (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. |
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| 52 | 52 | | |
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| 53 | 53 | | Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. |
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| 54 | 54 | | |
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| 55 | 55 | | Enacting section 2. This amendatory act does not take effect unless House Bill No. 4177 (request no. H01800'25) of the 103rd Legislature is enacted into law. |
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