January 16, 2018, Introduced by Reps. Johnson, Hoitenga, Reilly, Bellino, Miller, Dianda, Bizon, Howell, LaFave, Hornberger, Hughes, Hauck and Howrylak and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40116 (MCL 324.40116), as amended by 2016 PA
377.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40116. (1) An individual shall not take game during the
established daylight shooting hours from August 15 through April 30
unless the individual wears a cap, hat, vest, jacket, or rain gear
of
hunter orange or a color authorized by the commission under
subsection
(4). hunter pink. Hunter orange or a color authorized by
the
commission under subsection (4) hunter
pink includes camouflage
that
is not less than 50% hunter orange or a color authorized by
the
commission under subsection (4). hunter
pink. The garments that
are
hunter orange or a color authorized by the commission under
subsection
(4) hunter pink must be the hunter's outermost garment
and be visible from all sides of the hunter.
(2) Subsection (1) does not apply to an individual engaged in
the taking of deer with a bow or crossbow during archery deer
season, an individual taking bear with a bow or crossbow, an
individual engaged in the taking of turkey or migratory birds other
than woodcock, an individual engaged in the sport of falconry, or
an individual who is stationary and in the act of hunting bobcat,
coyote, or fox.
(3) The failure of an individual to comply with this section
is not evidence of contributory negligence in a civil action for
injury to the individual or for the 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.
(4) (5)
As used in this section:
(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.