January 31, 2012, Introduced by Reps. Heise, McMillin, Yonker and Hooker and referred to the Committee on Judiciary.
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),
section 40111 as added by 1995 PA 57 and section 81133 as amended
by 2008 PA 365.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40111. (1) Except as otherwise provided in this part or
a department order authorized under section 40107,
a person an
individual shall not take an animal from in or upon a vehicle.
(2) Except as otherwise provided in subsection (3), this part,
in a department order authorized under section 40107,
individual shall not transport or
in possession 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) An individual may transport or possess a loaded firearm in
or upon a vehicle on a sporting clays range.
Except as otherwise provided in
this part, a person an
shall not transport or
possession 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.
A person 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.
A person 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
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 if the vehicle is
equipped with a roof that meets or exceeds standards for a crash
helmet and the operator and each passenger is wearing a properly
adjusted and fastened safety belt.
(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
person 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
pursuant to 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
may recover from the
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 disabilities using an ORV to access
public lands for purposes of hunting or fishing through use of a
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 disabilities 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 person an individual holding a permit to hunt
from a standing vehicle under part 401.
While Except as otherwise
provided in section 40111, 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
(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
ORV use is authorized
pursuant to under section 81131(2),
(3), or (5).