HB-5322, As Passed House, September 27, 2012HB-5322, As Passed Senate, September 13, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5322
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133),
as amended by 2012 PA 246.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40111. (1) Except as otherwise provided in subsection (3)
or (4), this part, or in a department order authorized under
section 40107, an individual shall not take an animal from in or
upon a vehicle.
(2) Except as otherwise provided in subsection (3) or (4),
this part, or in a department order authorized under section 40107,
an individual shall not transport or possess a firearm in or upon a
vehicle, unless the firearm is unloaded in both barrel and magazine
and enclosed in a case, carried in the trunk of a vehicle, or
unloaded in a motorized boat.
(3) A person with a disability may transport or possess a
firearm in or upon a vehicle, except for a car or truck, on a state
licensed game bird hunting preserve if the firearm is unloaded and
the vehicle is operated at a speed of not greater than 10 miles per
hour. A person with a disability may possess a loaded firearm and
may discharge that firearm to take an animal from in or upon a
vehicle, except for a car or truck, on a state licensed game bird
hunting preserve if the vehicle is not moving. The department may
demand proof of eligibility under this subsection. An individual
shall possess proof of his or her eligibility under this subsection
and furnish the proof upon the request of a peace officer.
(4) An individual may transport or possess an unloaded firearm
in or upon a vehicle on a sporting clays range.
Except as otherwise provided in
this part, an
individual shall not transport or possess a bow in or upon a
vehicle, unless the bow is unstrung, enclosed in a case, or carried
in the trunk of a vehicle.
An individual shall not hunt or
discharge a firearm
within 150 yards of an occupied building, dwelling, house,
residence, or cabin, or any barn or other building used in
connection with a farm operation, without obtaining the written
permission of the owner, renter, or occupant of the property.
As used in this section:
(a) "Person with a disability" means a disabled person as that
term is defined in section 19a of the Michigan vehicle code, 1949
PA 300, MCL 257.19a, and who is in possession of 1 of the
(i) A certificate of identification or windshield placard
issued to a disabled person under section 675 of the Michigan
vehicle code, 1949 PA 300, MCL 257.675.
(ii) A special registration plate issued to a disabled person
under section 803d of the Michigan vehicle code, 1949 PA 300, MCL
(b) "Unloaded" means, for a break-action firearm, that the
action is open with the breech exposed, whether or not the breech
contains a shell. Unloaded means, for a non-break-action firearm,
that the barrel of the firearm does not contain a shell.
Sec. 81133. An individual shall not operate an ORV:
(a) At a rate of speed greater than is reasonable and proper,
or in a careless manner having due regard for conditions then
(b) Unless the individual and any passenger in or on the
vehicle is wearing on his or her head a crash helmet and protective
eyewear approved by the United States department of transportation.
This subdivision does not apply to either of the following:
(i) The operator of or a passenger in a vehicle that is
equipped with a roof that meets or exceeds standards for a crash
helmet if the operator and each passenger is wearing a properly
adjusted and fastened safety belt.
(ii) The operator of or a passenger in an ORV that is operated
on a state licensed game bird hunting preserve at a speed of not
greater than 10 miles per hour.
(c) During the hours of 1/2 hour after sunset to 1/2 hour
before sunrise without displaying a lighted headlight and lighted
taillight. The requirements of this subdivision are in addition to
any applicable requirements of section 81131(8).
(d) Unless equipped with a braking system that may be operated
by hand or foot, capable of producing deceleration at 14 feet per
second on level ground at a speed of 20 miles per hour; a brake
light, brighter than the taillight, visible when the brake is
activated to the rear of the vehicle when the vehicle is operated
during the hours of 1/2 hour after sunset and 1/2 hour before
sunrise; and a throttle so designed that when the pressure used to
advance the throttle is removed, the engine speed will immediately
and automatically return to idle.
(e) In a state game area or state park or recreation area,
except on roads, trails, or areas designated for this purpose; on
state owned lands under the control of the department other than
game areas, state parks, or recreational areas where the operation
would be in violation of rules promulgated by the department; in a
forest nursery or planting area; on public lands posted or
reasonably identifiable as an area of forest reproduction, and when
growing stock may be damaged; in a dedicated natural area of the
department; or in any area in such a manner as to create an erosive
condition, or to injure, damage, or destroy trees or growing crops.
However, the department may permit an owner and guests of the owner
to use an ORV within the boundaries of a state forest in order to
access the owner's property.
(f) On the frozen surface of public waters within 100 feet of
an individual not in or upon a vehicle, or within 100 feet of a
fishing shanty or shelter or an area that is cleared of snow for
skating purposes, except at the minimum speed required to maintain
controlled forward movement of the vehicle, or as may be authorized
by permit in special events.
(g) Unless the vehicle is equipped with a spark arrester type
United States forest service approved muffler, in good working
order and in constant operation. Exhaust noise emission shall not
exceed 86 Db(A) or 82 Db(A) on a vehicle manufactured after January
1, 1986, when the vehicle is under full throttle, traveling in
second gear, and measured 50 feet at right angles from the vehicle
path with a sound level meter that meets the requirement of ANSI
S1.4 1983, using procedure and ancillary equipment therein
described; or 99 Db(A) or 94 Db(A) on a vehicle manufactured after
January 1, 1986, or that level comparable to the current sound
level as provided for by the United States environmental protection
agency when tested according to the provisions of the current SAE
J1287, June 86 test procedure for exhaust levels of stationary
motorcycles, using sound level meters and ancillary equipment
therein described. A vehicle subject to this part, manufactured or
assembled after December 31, 1972 and used, sold, or offered for
sale in this state, shall conform to the noise emission levels
established by the United States environmental protection agency
under the noise control act of 1972, 42 USC 4901 to 4918.
(h) Within 100 feet of a dwelling at a speed greater than the
minimum required to maintain controlled forward movement of the
vehicle, except on property owned or under the operator's control
or on which the operator is an invited guest, or on a roadway,
forest road, or forest trail maintained by or under the
jurisdiction of the department, or on a road or street on which ORV
use is authorized under section 81131(2), (3), or (5).
(i) In or upon the lands of another without the written
consent of the owner, the owner's agent, or a lessee, when required
by part 731. The operator of the vehicle is liable for damage to
private property, including, but not limited to, damage to trees,
shrubs, or growing crops, injury to other living creatures, or
damage caused through vehicle operation in a manner so as to create
erosive or other ecological damage. The owner of the private
property may recover from the individual responsible nominal
damages of not less than the amount of damage or injury. Failure to
post private property or fence or otherwise enclose in a manner to
exclude intruders or of the private property owner or other
authorized person to personally communicate against trespass does
not imply consent to ORV use.
(j) In an area on which public hunting is permitted during the
regular November firearm deer season from 7 a.m. to 11 a.m. and
from 2 p.m. to 5 p.m., except during an emergency or for law
enforcement purposes, to go to and from a permanent residence or a
hunting camp otherwise inaccessible by a conventional wheeled
vehicle, to remove from public land a deer, elk, or bear that has
been taken under a valid license; except for the conduct of
necessary work functions involving land and timber survey,
communication and transmission line patrol, and timber harvest
operations; or except on property owned or under control of the
operator or on which the operator is an invited guest. A hunter
removing game under this subdivision may leave the designated trail
or forest road only to retrieve the game and shall not exceed 5
miles per hour. A vehicle registered under the code is exempt from
this subdivision while operating on a public highway or public or
private road capable of sustaining automobile traffic. A person
holding a valid permit to hunt from a standing vehicle issued under
part 401, or a person with a disability using an ORV to access
public lands for purposes of hunting or fishing through use of a
designated trail or forest road, is exempt from this subdivision.
An individual holding a valid permit to hunt from a standing
vehicle issued under part 401, or a person with a disability using
an ORV to access public lands for purposes of hunting or fishing,
may display a flag, the color of which the department shall
determine, to identify himself or herself as a person with a
disability or an individual holding a permit to hunt from a
standing vehicle under part 401.
Except as otherwise provided in section
40111 40111(3) or
(4), while transporting on the vehicle a bow unless unstrung or
encased, or a firearm unless unloaded and securely encased, or
equipped with and made inoperative by a manufactured keylocked
trigger housing mechanism.
(l) On or across a cemetery or burial ground, or land used as
(m) Within 100 feet of a slide, ski, or skating area, unless
the vehicle is being used for the purpose of servicing the area or
is being operated pursuant to section 81131(2), (3), or (5).
(n) On an operating or nonabandoned railroad or railroad
right-of-way, or public utility right-of-way, other than for the
purpose of crossing at a clearly established site intended for
vehicular traffic, except railroad, public utility, or law
enforcement personnel while in performance of their duties, and
except if the right-of-way is designated as provided for in section
(o) In or upon the waters of any stream, river, bog, wetland,
swamp, marsh, or quagmire except over a bridge, culvert, or similar
(p) To hunt, pursue, worry, kill, or attempt to hunt, pursue,
worry, or kill an animal, whether wild or domesticated.
(q) In a manner so as to leave behind litter or other debris.
(r) In a manner contrary to operating regulations on public
(s) While transporting or possessing, in or on the vehicle,
alcoholic liquor in a container that is open or uncapped or upon
which the seal is broken, except under either of the following
(i) The container is in a trunk or compartment separate from
the passenger compartment of the vehicle.
(ii) If the vehicle does not have a trunk or compartment
separate from the passenger compartment, the container is encased
(t) While transporting any passenger in or upon an ORV unless
the manufacturing standards for the vehicle make provisions for
(u) On adjacent private land, in an area zoned residential,
within 300 feet of a dwelling at a speed greater than the minimum
required to maintain controlled forward movement of the vehicle
except on a roadway, forest road, or forest trail maintained by or
under the jurisdiction of the department, or on a road or street on
which ORV use is authorized under section 81131(2), (3), or (5).