HB-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.

(5) ~~(4)~~ 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.

(6) ~~(5)~~ 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.

(7) ~~(6)~~ 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) "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

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.

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.

(k) 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

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), 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

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) In a manner contrary to operating regulations on public

lands.

(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