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.