ENFORCEMENT FUND
House Bill 4213
Sponsor: Rep. Steve Vear
Committee: Conservation and Outdoor Recreation
Complete to 4-18-01
A SUMMARY OF HOUSE BILL 4213 AS INTRODUCED 2-13-01
Part 731 of the Natural Resources and Environmental Protection Act (NREPA), concerning recreational trespass, provides penalties for those who trespass on private property to engage in recreational activities, such as trapping, without the owner's consent. House Bill 4213 would provide that a $100 fine be imposed on trespassers, in addition to current penalties, and deposited in a new Recreational Trespass Enforcement Fund.
Recreational Trespass Enforcement Fund. In addition to the penalties provided under Part 731 of the NREPA for trespassing, the court would be required to order a trespasser to pay $100 for the fund. The clerk of the court would forward this money to the Department of Treasury for deposit in the fund. Along with the money, the clerk would have to provide the DNR with information designating the law enforcement agency that arrested the person.
The state treasurer could receive money or other assets from any source for deposit into the fund. The Department of Natural Resources (DNR) would expend money from the fund upon appropriation only to reimburse local or state law enforcement agencies, including, but not limited to, the DNR, for the costs of enforcing the trespassing penalties imposed under the act or under a local ordinance. Each fiscal year, the money deposited in the fund would be distributed to law enforcement agencies in proportion to the number of persons arrested and convicted by each agency during the preceding fiscal year. Money in the fund at the close of the fiscal year would remain there and would not lapse to the general fund.
MCL 324.73101 et al.
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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.