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Rutherford Calls Proposed Legislation -Fowl!-

Sunday, September 19, 2004 Posted 2:30 p.m.
Springfield - State Senator Dan Rutherford (R-Pontiac) says that the Department of Natural Resources- (DNR) plan to discourage citizens from feeding ducks and geese on state property is a real gander of a suggestion.

The administration-s proposed regulation would leave anyone caught feeding waterfowl on state property open to a Class B misdemeanor, which is punishable by up to six months in jail and up to $1,500 in fines. Rutherford believes this proposed regulation exceeds the scope of government-s role to enforce law.

The state agency introduced the plans for this rule and it will be the responsibility of the Joint Committee on Administrative Rules (JCAR), of which Senator Rutherford is a member, to review the regulation to see if it serves the needs of the public and adheres to legislative intent. Rutherford explained, -In my opinion, this is another example of government trying to reach too far.-

-I can understand the intent of the regulation, feeding the ducks and geese leads to waste, creating public health concerns,- conceded Rutherford. -That notwithstanding, for the administration to humor even the most remote possibility that a grandmother and her grandchildren, innocently tossing stale bread to the park ducks on a Sunday afternoon, could be subject to fines and jail time---well, I think it is insane.-

The proposed rule must first go through a public comment period, and then be approved by JCAR. The administration originally hoped the regulation would take flight by early November.

-For government to intercede in such an intrusive way is ludicrous,- asserted Rutherford. -To suggest that there is the slightest possibility that something as innocent as feeding ducks in the park could result in jail time, is really -fowl--I think the administration may be a duck out of water on this one!-