SENATE BILL NO. 1258


   September 15, 1998, Introduced by Senator DINGELL and referred 
        to the Committee on Hunting, Fishing and Forestry.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 40102 (MCL 324.40102), as amended by 1998 PA

   86, and by adding section 40115a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 40102.  (1) "Animals" means wild birds and wild

 2    mammals.

 3         (2) "Bag limit" means the number of animals that may be

 4    taken and possessed as determined by the department.

 5         (3) "BLIND PERSON" MEANS THAT TERM AS DEFINED IN SECTION 1

 6    OF 1978 PA 260, MCL 393.351.

 7         (4)  (3)  "Bow" means a device for propelling
             an arrow from

 8    a string drawn, held, and released by hand where the force used

 9    to hold the string in the drawn position is provided by the

10    archer's muscles.


   06766'98                                                 TMV
           
                                   2

 1         (5)  (4)  "Buy" or "sell" means an exchange or
             attempt or

 2    offer to exchange for money, barter, or anything of value.

 3         (6)  (5)  "Chase" means to follow animals with
             dogs or other

 4    wild or domestic animals trained for that purpose.

 5         (7) "CROSSBOW" MEANS THAT TERM AS DEFINED IN SECTION 40115.

 6         (8)  (6)  "Disability" means a determinable
             physical charac-

 7    teristic of an individual that may result from disease, injury,

 8    congenital condition of birth, or functional disorder.

 9         (9)  (7)  "Firearm" means a weapon from which
             a dangerous

10    projectile may be propelled by using explosives, gas, or air as a

11    means of propulsion.  Firearm does not include a smooth bore

12    rifle or handgun designed and manufactured exclusively for pro-

13    pelling BB's not exceeding .177 caliber by means of a spring or

14    air or gas.

15         SEC. 40115A.  A BLIND PERSON MAY USE A LASER SIGHTING DEVICE

16    TO TAKE AN ANIMAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET:

17         (A) THE BLIND PERSON HOLDS A LICENSE TO TAKE THE ANIMAL

18    UNDER PART 435 AND COMPLIES WITH ALL OTHER LAWS AND RULES FOR THE

19    TAKING OF THE ANIMAL.

20         (B) THE PERSON IS ACCOMPANIED AND ASSISTED BY A SIGHTED

21    PERSON.  THE SIGHTED PERSON MUST BE AT LEAST 18 YEARS OF AGE.

22    THE SIGHTED PERSON SHALL POSSESS A HUNTING LICENSE ISSUED BY THIS

23    STATE, ANOTHER STATE, A PROVINCE OF CANADA, OR ANOTHER COUNTRY OR

24    A CERTIFICATE OF COMPLETION OF TRAINING IN HUNTER SAFETY ISSUED

25    BY THIS STATE, ANOTHER STATE, A PROVINCE OF CANADA, OR ANOTHER

26    COUNTRY.  THE SIGHTED PERSON SHALL FURNISH THE LICENSE OR

27    CERTIFICATE UPON THE REQUEST OF A PEACE OFFICER.



   06766'98

                                   3

 1         (C) THE BLIND PERSON POSSESSES PROOF OF BLINDNESS IN THE

 2    FORM OF AN IDENTIFICATION CARD ISSUED UNDER THE AUTHORITY OF SEC-

 3    TION 2 OF 1972 PA 222, MCL 28.292, AND FURNISHES THE PROOF OF

 4    BLINDNESS UPON THE REQUEST OF A PEACE OFFICER.

 5         (D) IF THE ANIMAL IS A DEER, BEAR, ELK, OR TURKEY, THE

 6    ARROW, BOLT, OR QUARREL USED HAS A BROADHEAD HUNTING TYPE OF

 7    POINT NOT LESS THAN 7/8 OF AN INCH WIDE AND IS AT LEAST 14 INCHES

 8    LONG.








































   06766'98          Final page.                            TMV