June 15, 2005, Introduced by Reps. Newell, Walker, Nofs, Meyer, Mortimer, Emmons, Hune, Stakoe, Casperson, Palsrok, Shaffer, Pearce, Booher, Gleason, McDowell, Espinoza, Accavitti, Adamini, Sheltrown, Moore and Nitz and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40114 (MCL 324.40114), as added by 1995 PA 57.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40114. (1) The department may issue a permit to a person
who
is unable to walk due to being because the person is a
paraplegic
or an amputee , or being
permanently disabled and
unable
to walk because of
other a disease
or injury that has
rendered the person permanently disabled. A permit issued under
this subsection authorizes the person to take game during the open
season for that game, including deer of either sex, from or upon a
standing vehicle if that person holds a license to take that game
issued pursuant to part 435 and complies with all other laws and
rules for the taking of game.
(2) The department may issue a permit to a person who is
permanently disabled and who has full use of only 1 arm and who
upon investigation is unable to hold, aim, and shoot a bow. A
permit issued under this subsection authorizes the person to take
game during the open season for that game with a bow that has been
modified so that the bow may be held, aimed, and shot with 1 arm,
if that person holds a license to take that game issued pursuant to
part 435 and complies with all other laws and rules for the taking
of game.
(3) In addition, the department may issue permits authorizing
1 or more of the following:
(a) The taking or possession of animals for the purpose of
rehabilitating animals.
(b) The taking of animals to prevent or control damage and
nuisance caused by the animals.
(c) The collection, transportation, possession, or disposition
of animals and parts of animals for scientific purposes.
(d) The public exhibition of animals.
(e) Taxidermy.
(f) The disposition of accidentally or unlawfully taken or
injured animals or animals that are unlawfully possessed.
(g)
The taking of game with a crossbow.
by a person who is
permanently
disabled as provided in section 40115. A person
qualifies for a permit under this subdivision if he or she presents
the department with a statement by a physician that the person is
permanently disabled, has full use of only 1 arm, and upon
investigation is unable to hold, aim, and shoot a bow. A permit
issued under this subdivision authorizes the person to take game
during the open season for that game with a crossbow, if that
person holds a license to take that game issued pursuant to part
435 and complies with all other laws and rules for the taking of
game.
(4) A permit issued under this section or section 40115 may be
suspended, revoked, annulled, withdrawn, recalled, canceled, or
amended
pursuant to the administrative procedures act of 1969, Act
No.
306 of the Public Acts of 1969, being sections 24.201 to 24.328
of
the Michigan Compiled Laws 1969
PA 306, MCL 24.201 to 24.328.
If the holder of a permit is convicted of violating this section,
his or her permit or license may be revoked and any animal and the
parts of any animal in his or her possession shall be disposed of
in a manner approved by the department.
(5) Except
as otherwise provided in section 40115 for a
permit
described in subsection (3)(g), all fees Fees received for
permits and licenses issued under this section shall be forwarded
by the department to the state treasurer to be credited to the game
and fish protection fund created in part 435 or, if House Joint
Resolution Z of the 92nd Legislature becomes a part of the state
constitution of 1963 as provided in section 1 of article XII of the
state constitution of 1963, to the game and fish protection account
of the Michigan conservation and recreation legacy fund provided
for in section 2010.