HB-5484, As Passed House, June 2, 2016

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 5484

 

(as amended June 2, 2016)

 

March 17, 2016, Introduced by Rep. Lyons 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 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

House Bill No. 5484 as amended June 2, 2016

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 determine what additional colors, including hunter pink, 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 bright pink, blaze pink,

 

and fluorescent pink.