April 18, 2006, Introduced by Rep. Jones and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 40104 and 40114 (MCL 324.40104 and 324.40114),
as added by 1995 PA 57, and by adding section 40115.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40104. (1) "Senior citizen" means that term as defined in
section 43507.
(2) (1)
"Take" means to hunt
with any weapon, dog, raptor,
or other wild or domestic animal trained for that purpose; kill;
chase; follow; harass; harm; pursue; shoot; rob; trap; capture; or
collect animals, or to attempt to engage in such an activity.
(3) (2)
"Transport" means to
carry or ship animals within
this state or to points outside this state.
(4) (3)
"Trap" means taking or
attempting to take animals by
means of a trap or other device designed to kill or capture
animals.
(5) (4)
"Vehicle" means every
device in, upon, or by which
any person or property is or may be transported, except devices
exclusively moved by human power.
Sec. 40114. (1) The department may issue a permit to a person
who
is unable to walk due to being because the person is a
paraplegic
or an amputee , or being permanently disabled and
unable
to walk because of other or
because of a disease or injury
that has rendered the person permanently disabled. A permit issued
under this subsection authorizes the person to take game during the
open season for that game, including deer of either sex, from or
upon a standing vehicle if that person holds a license to take that
game issued pursuant to part 435 and complies with all other laws
and rules for the taking of game.
(2) The department may issue a permit to a person who is
permanently disabled and who has full use of only 1 arm and who
upon investigation is unable to hold, aim, and shoot a bow. A
permit issued under this subsection authorizes the person to take
game during the open season for that game with a bow that has been
modified so that the bow may be held, aimed, and shot with 1 arm,
if that person holds a license to take that game issued pursuant to
part 435 and complies with all other laws and rules for the taking
of game.
(3) In addition, the department may issue permits authorizing
1 or more of the following:
(a) The taking or possession of animals for the purpose of
rehabilitating animals.
(b) The taking of animals to prevent or control damage and
nuisance caused by the animals.
(c) The collection, transportation, possession, or disposition
of animals and parts of animals for scientific purposes.
(d) The public exhibition of animals.
(e) Taxidermy.
(f) The disposition of accidentally or unlawfully taken or
injured animals or animals that are unlawfully possessed.
(g) The taking of game with a crossbow by a person who is
permanently
disabled. as provided in section 40115.
(4)
A permit issued under this section or section 40115 may
be suspended, revoked, annulled, withdrawn, recalled, canceled, or
amended
pursuant to the administrative procedures act of 1969, Act
No.
306 of the Public Acts of 1969, being sections 24.201 to 24.328
of
the Michigan Compiled Laws 1969 PA 306, MCL 24.201 to 24.328.
If the holder of a permit is convicted of violating this section,
his or her permit or license may be revoked and any animal and the
parts of any animal in his or her possession shall be disposed of
in a manner approved by the department.
(5)
Except as otherwise provided in section 40115 for a
permit
described in subsection (3)(g), all fees Fees received for
permits and licenses issued under this section shall be forwarded
by the department to the state treasurer to be credited to 1 of the
following:
(a) Unless subdivision (b) applies, to the game and fish
protection
fund created in part 435 section
43553.
(b) If House Joint Resolution Z of the 92nd Legislature
becomes a part of the state constitution of 1963 as provided in
section 1 of article XII of the state constitution of 1963, to the
game and fish protection account of the Michigan conservation and
recreation legacy fund provided for in section 2010.
Sec. 40115. Subject to section 43527, a senior citizen may
take deer with a crossbow during the bow and arrow deer season.