HB-5777, As Passed House, March 24, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5777

 

 

 

 

 

 

 

 

 

 

 

     A bill to regulate the use of ropes, chains, wires, or similar

 

devices in blocking access to certain land; and to provide for

 

penalties.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Farm" and "farm product" mean those terms as defined in

 

section 2 of the Michigan right to farm act, 1981 PA 93, MCL

 

286.472.

 

     (b) "Farm property" means land on a farm used in the

 

production of 1 or more farm products and any contiguous land under

 

common ownership.

 

     (c) "Hunter orange" means the color described in section 40116

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.40116.

 

     (d) "Person" means an individual, partnership, corporation,

 

association, governmental entity, or other legal entity.

 

     (e) "Point of entry" means a road or path suitable for use by

 

a motorized vehicle, including a motorcycle, all terrain vehicle,

 

or snowmobile.

 

     Sec. 2. Except as provided in section 3, a person shall not

 

use a rope, chain, wire, or similar device as a barrier across a

 

point of entry to prevent access to land unless both of the

 

following conditions are met:

 

     (a) The rope, chain, wire, or similar device is the color

 

hunter orange or is enclosed in material that is the color hunter

 

orange.

 

     (b) The rope, chain, wire, or similar device is not more than

 

30 inches above the ground at any point.

 

     Sec. 3. Section 2 does not apply to a farm property.

 

     Sec. 4. A person who violates this act is responsible for a

 

state civil infraction and may be ordered to pay a civil fine of

 

not more than $250.00.

 

     Enacting section 1. This act takes effect 180 days after the

 

date it is enacted into law.