SB-0966, As Passed House, December 11, 2014

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 966

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 40102, 40111, and 43503 (MCL 324.40102,

324.40111, and 324.43503), section 40102 as amended by 2007 PA 48,

section 40111 as amended by 2012 PA 340, and section 43503 as

amended by 2012 PA 520.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 40102. (1) "Animals" means wild birds and wild mammals.

(2) "Bag limit" means the number of animals that may be taken

and possessed as determined by the department.

(3) "Bow" means a device for propelling an arrow from a string

drawn, held, and released by hand where the force used to hold the

string in the drawn position is provided by the archer's muscles.

(4) "Buy" or "sell" means an exchange or attempt or offer to

exchange for money, barter, or anything of value.

(5) "Chase" means to follow animals with dogs or other wild or

domestic animals trained for that purpose.

(6) "Cormorant damage" means adverse impacts of double-crested

cormorants on fish, fish hatchery stock, wildlife, plants, and

their habitats and on man-made structures.

(7) "Cormorant depredation order" means the depredation order

for double-crested cormorants to protect public resources, 50 CFR

21.48, issued by the United States department of the interior, fish

and wildlife service.

(8) "Crossbow" means a weapon consisting of a bow mounted

transversely on a stock or frame and designed to fire an arrow,

bolt, or quarrel by the release of a bow string that is controlled

by a mechanical or electric trigger and has a working safety and a

draw weight of 100 pounds or greater.

(9) "Deer or elk feeding" means the depositing, distributing,

or tending of feed in an area frequented by wild, free-ranging

white-tailed deer or elk. Deer or elk feeding does not include any

of the following:

(a) Feeding wild birds or other wildlife if done in such a

manner as to exclude wild, free-ranging white-tailed deer and elk

from gaining access to the feed.

(b) The scattering of feed solely as the result of normal

logging practices or normal agricultural practices.

or more of the following apply:

(i) The area is occupied by livestock actively consuming the

feed on a daily basis.

(ii) The feed is covered to deter wild, free-ranging white-

tailed deer or elk from gaining access to the feed.

(iii) The feed is in a storage facility that is consistent with

normal agricultural practices.

(d) Baiting to take game as provided by an order of the

commission under section 40113a.

(10) "Disability" means a determinable physical characteristic

of an individual that may result from disease, injury, congenital

condition of birth, or functional disorder.

(11) "Feed" means a substance composed of grain, mineral,

salt, fruit, vegetable, hay, or any other food material or

combination of these materials, whether natural or manufactured,

that may attract white-tailed deer or elk. Feed does not include

any of the following:

(a) Plantings for wildlife.

(b) Standing farm crops under normal agricultural practices.

normal agricultural practices.

(12) "Firearm" means a any weapon ~~from~~ which ~~a dangerous~~ will,

is designed to, or may readily be converted to expel a projectile

~~may be propelled by using explosives, gas, or air. Firearm does not~~

~~include a smooth bore rifle or handgun designed and manufactured~~

~~exclusively for propelling BB's not exceeding .177 caliber by means~~

~~of a spring, air, or gas.~~by action of an explosive. A pneumatic

gun, as defined in section 1 of 1990 PA 319, MCL 123.1101, other

than a paintball gun that expels by pneumatic pressure plastic

balls filled with paint for the purpose of marking the point of

impact, is also considered a firearm for the purpose of this act.

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) 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) An individual shall not hunt, ~~or discharge a firearm~~ as

that term is defined in section 43505, 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) 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. 43503. (1) "Fish" means all species of fish.

(2) "Fishing" means the pursuing, capturing, catching,

killing, or taking of fish, and includes attempting to pursue,

capture, catch, kill, or take fish.

(3) "Firearm" means a any weapon ~~from~~ which ~~a dangerous~~ will,

is designed to, or may readily be converted to expel a projectile

~~may be propelled by using explosives, gas, or air as a means of~~

~~propulsion. Firearm does not include a smooth bore rifle or handgun~~

~~designed and manufactured exclusively for propelling BB's not~~

~~exceeding .177 caliber by means of a spring or air or gas.~~by action

of an explosive. A pneumatic gun, as defined in section 1 of 1990

PA 319, MCL 123.1101, other than a paintball gun that expels by

pneumatic pressure plastic balls filled with paint for the purpose

of marking the point of impact, is also considered a firearm for

the purpose of this act.

(4) "Firearm deer season" means any period in which deer may

be lawfully hunted with a firearm.

(5) "Fur-bearing animals" includes badger, beaver, bobcat,

coyote, fisher, fox, lynx, marten, mink, muskrat, opossum, otter,

raccoon, skunk, and weasel.

Enacting section 1. This amendatory act takes effect January

1, 2015.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 979 of the 97th Legislature is enacted into

law.