SB-1045, As Passed Senate, May 30, 2012

SUBSTITUTE FOR

SENATE BILL NO. 1045

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40111, 81101, and 81133 (MCL 324.40111,

324.81101, and 324.81133), section 40111 as added by 1995 PA 57,

section 81101 as amended by 2009 PA 200, 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 subsection

(3), this part, or in 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,

or in a department order authorized under section 40107, ~~a person~~

an individual shall not transport or ~~have 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) 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) ~~(3)~~ Except as otherwise provided in this part, ~~a person~~ an

individual shall not transport or ~~have in 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.

(5) ~~(4) 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.

(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. 81101. As used in this part:

(a) "ATV" means a 3-, 4-, or 6-wheeled vehicle designed for

off-road use that has low-pressure tires, has a seat designed to be

straddled by the rider, and is powered by a 50cc to 1,000cc

gasoline engine or an engine of comparable size using other fuels.

(b) "Code" means the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923.

rental of an ORV as a regular business or, for purposes of selling

licenses under section 81116, any other person authorized by the

department to sell licenses or permits, or both, under this act.

(d) "Designated", unless the context implies otherwise, means

posted open for ORV use with appropriate signs by the department.

(e) "Farm vehicle" means either of the following:

(i) An implement of husbandry as that term is defined in

section 21 of the Michigan vehicle code, 1949 PA 300, MCL 257.21.

(ii) A vehicle used in connection with a farm operation as that

term is defined in section 2 of the Michigan right to farm act,

1981 PA 93, MCL 286.472.

(f) "Forest road" means a hard surfaced road, gravel or dirt

road, or other route capable of travel by a 2-wheel drive, 4-wheel

conventional vehicle designed for highway use, except an

interstate, state, or county highway.

(g) "Forest trail" means a designated path or way capable of

travel only by a vehicle less than 50 inches in width.

(h) "Highway" means the entire width between the boundary

lines of a way publicly maintained when any part of the way is open

to the use of the public for purposes of vehicular travel.

(i) "Highly restricted personal information" means an

individual's photograph or image, social security number, digitized

signature, and medical and disability information.

(j) "Late model ORV" means an ORV manufactured in the current

model year or the 5 model years immediately preceding the current

model year.

(k) "Manufacturer" means a person, partnership, corporation,

or association engaged in the production and manufacture of ORVs as

a regular business.

(l) "Off-road vehicle account" means the off-road vehicle

account of the Michigan conservation and recreation legacy fund

established in section 2015.

(m) "Operate" means to ride in or on, and be in actual

physical control of, the operation of an ORV.

(n) "Operator" means a person who operates or is in actual

physical control of the operation of an ORV.

(o) "ORV" or "vehicle" means a motor-driven off-road

recreation vehicle capable of cross-country travel without benefit

of a road or trail, on or immediately over land, snow, ice, marsh,

swampland, or other natural terrain. ORV or vehicle includes, but

is not limited to, a multitrack or multiwheel drive vehicle, an

ATV, a motorcycle or related 2-wheel, 3-wheel, 4-wheel, or 6-wheel

vehicle, an amphibious machine, a ground effect air cushion

vehicle, or other means of transportation deriving motive power

from a source other than muscle or wind. ORV or vehicle does not

include a registered snowmobile, a farm vehicle being used for

farming, a vehicle used for military, fire, emergency, or law

enforcement purposes, a vehicle owned and operated by a utility

company or an oil or gas company when performing maintenance on its

facilities or on property over which it has an easement, a

construction or logging vehicle used in performance of its common

function, or a registered aircraft.

(p) "Owner" means any of the following:

(i) A vendee or lessee of an ORV that is the subject of an

agreement for the conditional sale or lease of the ORV, with the

right of purchase upon performance of the conditions stated in the

agreement, and with an immediate right of possession vested in the

conditional vendee or lessee.

(ii) A person renting an ORV, or having the exclusive use of an

ORV, for more than 30 days.

(iii) A person who holds legal ownership of an ORV.

(q) "Person with ~~disabilities"~~ a disability" means a person

who has 1 or more of the following physical characteristics:

(i) Blindness.

(ii) Inability to ambulate more than 200 feet without having to

stop and rest during any time of the year.

(iii) Loss of use of 1 or both legs or feet.

(iv) Inability to ambulate without the prolonged use of a

wheelchair, walker, crutches, braces, or other device required to

aid mobility.

(v) A lung disease from which the person's expiratory volume

for 1 second, when measured by spirometry, is less than 1 liter, or

from which the person's arterial oxygen tension is less than 60

mm/hg of room air at rest.

(vi) A cardiovascular disease from which the person measures

between 3 and 4 on the New York heart classification scale, or from

which a marked limitation of physical activity causes fatigue,

palpitation, dyspnea, or anginal pain.

(vii) Other diagnosed disease or disorder including, but not

limited to, severe arthritis or a neurological or orthopedic

impairment that creates a severe mobility limitation.

(r) "Personal information" means information that identifies

an individual, including an individual's driver identification

number, name, address not including zip code, and telephone number,

but does not include information on ORV operation or equipment-

related violations or civil infractions, operator or vehicle

registration status, accidents, or other behaviorally-related

information.

(s) "Public agency" means the department or a local or federal

unit of government.

(t) "Roadway" means that portion of a highway improved,

designated, or ordinarily used for vehicular travel. If a highway

includes 2 or more separate roadways, the term roadway refers to a

roadway separately, but not to all roadways collectively.

(u) "Route" means a forest road or other road that is

designated for purposes of this part by the department.

(v) "Safety chief instructor" means a person who has been

certified by a nationally recognized ATV and ORV organization to

certify instructors and to do on-sight evaluations of instructors.

(w) "Visual supervision" means the direct observation of the

operator with the unaided or normally corrected eye, where the

observer is able to come to the immediate aid of the operator.

Sec. 81133. ~~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

existing.

(b) Unless the ~~person~~ 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 ~~if the~~ 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 ~~and~~ 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

~~a 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

use is authorized ~~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

property may recover from the ~~person~~ 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 ~~disabilities~~ 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. ~~A person~~ An individual holding a valid permit to hunt

from a standing vehicle issued under part 401, or a person with

~~disabilities~~ 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 ~~disabilities~~ a disability or ~~a person~~ an

individual holding a permit to hunt from a standing vehicle under

part 401.

(k) ~~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

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

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 ~~pursuant to~~ under section 81131(2),

(3), or (5).