HB-5484, As Passed House, December 13, 2016
HB-5484, As Passed Senate, December 8, 2016
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5484
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40116 (MCL 324.40116), as amended by 2009 PA
65.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
40116. (1) A person An
individual shall not take game
during the established daylight shooting hours from August 15
through
April 30 unless the person individual
wears a cap, hat,
vest, jacket, or rain gear of hunter orange or a color authorized
by the commission under subsection (4). Hunter orange or a color
authorized by the commission under subsection (4) includes
camouflage that is not less than 50% hunter orange or a color
authorized by the commission under subsection (4). The garments
that
are hunter orange shall or
a color authorized by the
commission under subsection (4) must be the hunter's outermost
garment
and shall be visible from all sides of the hunter.
(2)
Subsection (1) does not apply to a person an individual
engaged in the taking of deer with a bow or crossbow during archery
deer
season, a person an
individual taking bear with a bow or
crossbow,
a person an individual engaged in the taking of turkey or
migratory
birds other than woodcock, a person an individual engaged
in
the sport of falconry, or a person an individual who is
stationary and in the act of hunting bobcat, coyote, or fox.
(3)
The failure of a person an
individual to comply with this
section is not evidence of contributory negligence in a civil
action
for injury to the person individual
or for the person's
individual's wrongful death.
(4) The commission shall review and determine whether hunter
pink or any additional colors are effective and safe for
individuals to wear while hunting. By October 1, 2017, the
commission shall issue an order under section 40113a authorizing
what additional garment colors may be worn under subsection (1)
based on the determination made by the commission under this
subsection.
(5) (4)
As used in this section: ,
"hunter
(a) "Hunter orange" means the highly visible color commonly
referred to as hunter orange and includes blaze orange, flame
orange, and fluorescent blaze orange.
(b) "Hunter pink" means the highly visible color commonly
referred to as hunter pink and includes blaze pink, flame pink, and
fluorescent blaze pink.