HOUSE BILL No. 4499 April 20, 1999, Introduced by Reps. Rick Johnson, Cameron Brown, Pappageorge, Kowall, Kukuk, Hager, Green, LaForge, Kelly, Brewer, Vander Roest, Bishop, Quarles, Law, Koetje, Birkholz, Raczkowski and Tabor and referred to the Committee on Agriculture and Resource Management. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40102 (MCL 324.40102), as amended by 1998 PA 86, and by adding section 40111a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 40102. (1) "Animals" means wild birds and wild 2 mammals. 3 (2) "Bag limit" means the number of animals that may be 4 taken and possessed as determined by the department. 5 (3) "Bow" means a device for propelling an arrow from a 6 string drawn, held, and released by hand where the force used to 7 hold the string in the drawn position is provided by the archer's 8 muscles. 9 (4) "Buy" or "sell" means an exchange or attempt or offer to 10 exchange for money, barter, or anything of value. 02019'99 * TMV 2 1 (5) "Chase" means to follow animals with dogs or other wild 2 or domestic animals trained for that purpose. 3 (6) "DEER OR ELK FEEDING" MEANS THE DEPOSITING, DISTRIBUT- 4 ING, OR TENDING OF FEED IN AN AREA FREQUENTED BY WILD, 5 FREE-RANGING WHITE-TAILED DEER OR ELK. DEER OR ELK FEEDING DOES 6 NOT INCLUDE ANY OF THE FOLLOWING: 7 (A) FEEDING WILD BIRDS OR OTHER WILDLIFE IF DONE IN SUCH A 8 MANNER AS TO EXCLUDE WILD, FREE-RANGING WHITE-TAILED DEER AND ELK 9 FROM GAINING ACCESS TO THE FEED. 10 (B) THE SCATTERING OF FEED SOLELY AS THE RESULT OF NORMAL 11 LOGGING PRACTICES, OR NORMAL AGRICULTURAL PLANTING OR HARVESTING 12 PRACTICES AS DEFINED BY THE DEPARTMENT OF AGRICULTURE. 13 (C) THE STORAGE OR USE OF FEED FOR AGRICULTURAL PURPOSES. 14 HOWEVER, LIVESTOCK FEEDING IN AN AREA FREQUENTED BY WILD, 15 FREE-RANGING WHITE-TAILED DEER OR ELK CONSTITUTES DEER OR ELK 16 FEEDING UNLESS THE LIVESTOCK FEEDING TAKES PLACE ON LAND USED IN 17 THE COMMERCIAL PRODUCTION OF FARM PRODUCTS AND EITHER OR BOTH OF 18 THE FOLLOWING APPLY: 19 (i) THE AREA IS OCCUPIED BY LIVESTOCK ACTIVELY CONSUMING THE 20 FEED ON A DAILY BASIS. 21 (ii) THE FEED IS COVERED TO PREVENT WILD, FREE-RANGING 22 WHITE-TAILED DEER OR ELK FROM GAINING ACCESS TO THE FEED. 23 (7)(6)"Disability" means a determinable physical charac- 24 teristic of an individual that may result from disease, injury, 25 congenital condition of birth, or functional disorder. 26 (8) "FEED" MEANS A SUBSTANCE COMPOSED OF GRAIN, MINERAL, 27 SALT, FRUIT, VEGETABLE, HAY, OR ANY OTHER FOOD MATERIAL OR 02019'99 * 3 1 COMBINATION OF THESE MATERIALS, WHETHER NATURAL OR MANUFACTURED, 2 THAT MAY ATTRACT WHITE-TAILED DEER OR ELK. FEED DOES NOT INCLUDE 3 ANY OF THE FOLLOWING: 4 (A) PLANTINGS FOR WILDLIFE. 5 (B) STANDING FARM CROPS UNDER NORMAL AGRICULTURAL PRACTICES 6 AS DEFINED BY THE DEPARTMENT OF AGRICULTURE. 7 (C) AGRICULTURAL COMMODITIES SCATTERED SOLELY AS THE RESULT 8 OF NORMAL AGRICULTURAL PLANTING OR HARVESTING PRACTICES AS 9 DEFINED BY THE DEPARTMENT OF AGRICULTURE. 10 (9)(7)"Firearm" means a weapon from which a dangerous 11 projectile may be propelled by using explosives, gas, or air as a 12 means of propulsion. Firearm does not include a smooth bore 13 rifle or handgun designed and manufactured exclusively for pro- 14 pelling BB's not exceeding .177 caliber by means of a spring or 15 air or gas. 16 SEC. 40111A. A PERSON SHALL NOT ENGAGE IN DEER OR ELK 17 FEEDING EXCEPT AS A MEANS OF TAKING GAME AS PROVIDED BY AN ORDER 18 OF THE COMMISSION UNDER SECTION 40113A. 02019'99 * Final page. TMV