October 7, 2003, Introduced by Senator BARCIA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40113 (MCL 324.40113), as added by 1995 PA
57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 40113. (1)
Except as otherwise provided in a
2 department order
authorized under section 40107 for a specified
3 an order authorized under this part applicable to a specific
4 animal, a person shall
not use an a spotlight, headlight, or
5 other artificial light in
taking game. or in an area frequented
6 by animals; throw or
cast the rays of a spotlight, headlight, or
7 other except as otherwise provided by law, a person
shall not
8 use an artificial light in a field, woodland, or forest
9 frequented by animals while having a bow or firearm or other
10 weapon capable of shooting a projectile in the person's
1 possession or under the
person's control. unless otherwise
2 permitted by law. A However, a licensed hunter may use an
3 artificial light 1 hour before and 1 hour after shooting hours
4 while in possession of any unloaded firearm or bow and traveling
5 afoot to and from the licensed hunter's hunting location.
6 (2) Except as
otherwise provided in a department order
7 authorized under
section 40107 an order authorized
under this
8 part, a person shall not throw, cast, or cause to be thrown or
9 cast, the rays of an
artificial light from December 1 to October
10 31 January 1 to August 31 between the hours of 11 p.m. and 6
11 a.m. in a field, woodland, or forest frequented by animals for
12 the purpose of locating animals. Except as otherwise permitted
13 by law or an order of
the department, from November 1 to
14 November 30 authorized under this part, from September 1 to
15 December 31, a person
shall not throw, cast, or cause to be
16 thrown or cast, the
rays of a spotlight, headlight, or other use
17 an artificial light in a field, woodland, or forest frequented by
18 animals for the purpose
of locating animals. This subsection
19 On or before December 31, 2007, a person shall not cast an
20 artificial light onto a barn or other building used in farm
21 operations, onto any occupied dwelling, or onto land within 450
22 feet of, and not separated by a street, road, or highway from, a
23 barn or other building used in farm operations or any occupied
24 dwelling for the purpose of locating animals without the written
25 consent of the owner or lessee of the barn or other building or
26 dwelling. Furthermore, if land is posted in a conspicuous manner
27 "No Shining", then, on or before December 31, 2007, a person
1 shall not cast an artificial light from or onto that land for the
2 purpose of locating animals without the written consent of the
3 owner or lessee of the land. The minimum letter height on the
4 posting signs shall be 1 inch. Each posting sign shall be not
5 less than 50 square inches, and the signs shall be spaced to
6 enable a person to observe not less than 1 sign at any point of
7 entry upon the property. Upon the demand of a peace officer, a
8 person shall exhibit any written consent required by this
9 subsection.
10 (3) Subsection (2) does not require a person using an
11 artificial light to obtain the written consent of a member of
12 that person's immediate family or of the owner or lessee of
13 publicly-owned land. This
subsection Subsection (2) does not
14 apply to any of the following:
15 (a) A peace officer while in the performance of the officer's
16 duties.
17 (b) A person operating an emergency vehicle in an emergency.
18 (c) An employee of a public or private utility while working
19 in the scope of his or her employment.
20 (d) A person operating a vehicle with headlights in a lawful
21 manner upon a street, highway, or roadway.
22 (e) A person using an artificial light to identify a house or
23 mailbox number.
24 (f) The use of artificial lights used to conduct a census by
25 the department.
26 (g) A person
using an artificial light from November 1 to
27 November 30 on
property that is owned by that person or by a
1 member of that
person's immediate family.
2 (4) (3) The
operator of a vehicle from which the rays of an
3 artificial light have been cast in a clear attempt to locate game
4 shall immediately stop the vehicle upon the request of a
5 uniformed peace officer or when signaled by a peace officer with
6 a flashing signal light or siren from a marked patrol vehicle.