HOUSE BILL NO. 5301

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:

Sec. 40113. (1) Except as otherwise provided in this section or a department order authorized under section 40107 for a specified animal, a person an individual shall not use an artificial light in taking game or in an area frequented by animals; throw or cast the rays of a spotlight, headlight, or other artificial light in a field, woodland, or forest while having a bow or firearm or other weapon capable of shooting a projectile in the person's individual's possession or under the person's individual's control unless otherwise permitted by law. A licensed hunter may use an artificial light 1 hour 2 hours before and 1 hour 2 hours after shooting hours while in possession of any unloaded firearm or bow and traveling afoot to and from the licensed hunter's hunting location.

(2) Except as otherwise provided in a department order authorized under section 40107, a person an individual shall not throw, cast, or cause to be thrown or cast, the rays of an artificial light from December 1 to October 31 between the hours of 11 p.m. and 6 a.m. for the purpose of locating animals. Except as otherwise permitted by law or an order of the department, from November 1 to November 30, a person an individual shall not throw, cast, or cause to be thrown or cast, the rays of a spotlight, headlight, or other artificial light for the purpose of locating animals. This subsection does not apply to any of the following:

(a) A peace officer while in the performance of the officer's duties.

(b) A person An individual operating an emergency vehicle in an emergency.

(c) An employee of a public or private utility while working in the scope of his or her that individual's employment.

(d) A person An individual operating a vehicle with headlights in a lawful manner upon a street, highway, or roadway.

(e) A person An individual using an artificial light to identify a house or mailbox number.

(f) The use of artificial lights used to conduct a census by the department.

(g) A person An individual using an artificial light from November 1 to November 30 on property that is owned by that person individual or by a member of that person's individual's immediate family.

(3) The operator of a vehicle from which the rays of an artificial light have been cast in a clear attempt to locate game shall immediately stop the vehicle upon the request of if requested by a uniformed peace officer or when signaled by a peace officer with a flashing signal light or siren from a marked patrol vehicle.