February 25, 2014, Introduced by Reps. Smiley, Faris, Phelps, Daley, Lauwers, Brunner, Rendon, Brown, LaFontaine, Bumstead, Potvin, Kelly, LaVoy, Lamonte, Driskell, Dianda, Dillon and Brinks and referred to the Committee on Natural Resources.
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 amended by 2012 PA 340 and section 81133 as
amended by 2013 PA 249.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40111. (1) Except as otherwise provided in subsection
(3), or
(4), or (5), 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), or
(5), 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.
(5) An individual holding a valid permit to hunt from a
standing vehicle under section 40114 may transport or possess an
uncased shotgun with a loaded magazine on a personal assistive
mobility device if the action is open. An individual holding a
valid permit to hunt from a standing vehicle under section 40114
may possess a loaded shotgun and may discharge that firearm to take
small game from a personal assistive mobility device if all of the
following apply:
(a) The personal assistive mobility device is not moving.
(b) The shotgun is loaded with number 6 shot or smaller.
(c) The individual holds a valid base license under section
43523a and complies with all other laws and rules for the taking of
game.
(6) (5)
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.
(7) (6)
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.
(8) (7)
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
following:
(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
257.803d.
(b) "Personal assistive mobility device" means any device,
including, but not limited to, one that is battery-powered, that is
designed solely for use by an individual with mobility impairment
for locomotion and is considered an extension of the individual.
(c) (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. (1) 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
existing.
(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(12).
(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 from behind the vehicle
when the brake is activated, if 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
other state-owned lands under the control of the department 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 under any of the following circumstances:
(i) On property owned by or under the operator's control or on
which the operator is an invited guest.
(ii) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(iii) On a street, county road, or highway on which ORV use is
authorized pursuant to section 81131(2), (3), (5), or (6).
(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 caused by operation of the vehicle, including, but
not limited to, damage to trees, shrubs, or growing crops, injury
to other living creatures, or 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, or to remove from public land a deer, elk, or bear that
has been taken under a valid license; except to conduct necessary
work functions involving land and timber survey, communication and
transmission line patrol, or 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 private road capable of sustaining automobile
traffic or a street, county road, or highway. 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.
(k)
Except as otherwise provided in section 40111(3) or (4),
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 mechanism.
(l) On or across a cemetery or burial ground, or land used as
an airport.
(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), (5), or (6).
(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
81127.
(o) In or upon the waters of any stream, river, bog, wetland,
swamp, marsh, or quagmire except over a bridge, culvert, or similar
structure.
(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) On public land, in a manner contrary to operating
regulations.
(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
circumstances:
(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
or enclosed.
(t) While transporting any passenger in or upon an ORV unless
the manufacturing standards for the vehicle make provisions for
transporting passengers.
(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 under any of the following circumstances:
(i) On a forest road or forest trail if the forest road or
forest trail is maintained by or under the jurisdiction of the
department.
(ii) On a street, county road, or highway on which ORV use is
authorized under section 81131(2), (3), (5), or (6).
(v) On a forest trail if the ORV is greater than 50 inches in
width.
(2) Each person who participates in the sport of ORV riding
accepts the risks associated with that sport insofar as the dangers
are inherent. Those risks include, but are not limited to, injuries
to persons or property that can result from variations in terrain;
defects in traffic lanes; surface or subsurface snow or ice
conditions; bare spots; rocks, trees, and other forms of natural
growth or debris; and collisions with fill material, decks,
bridges, signs, fences, trail maintenance equipment, or other ORVs.
Those risks do not include injuries to persons or property that
result from the use of an ORV by another person in a careless or
negligent manner likely to endanger person or property. When an ORV
is operated in the vicinity of a railroad right-of-way, each person
who participates in the sport of ORV riding additionally assumes
risks including, but not limited to, entanglement with railroad
tracks, switches, and ties and collisions with trains and train-
related equipment and facilities.