HB-4897, As Passed House, May 26, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4897

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 40116 (MCL 324.40116), as amended by 2004 PA

325.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40116. (1) A person shall not take game during the

established daylight shooting hours from August 15 through April 30

unless the person wears a cap, hat, vest, jacket, or rain gear of

the highly visible color commonly referred to as hunter orange.

Hunter orange includes blaze orange, flame orange, or fluorescent

blaze orange, and camouflage that is not less than 50% hunter

orange. The garments that are hunter orange shall 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 engaged in the

House Bill No. 4897 (H-2) as amended May 26, 2009

taking of deer with a bow or crossbow during archery deer season, a

person taking bear with a bow or crossbow, or a person engaged in

the taking of turkey or migratory birds other than woodcock, a

person engaged in the sport of falconry, or a person who is

stationary and in the act of hunting bobcat, coyote, or fox.

[

(3)] The failure of a person to comply with this section is

not evidence of contributory negligence in a civil action for

injury to the person or for the person's wrongful death.

[(4)] As used in this section[,

] "Hunter orange" means the highly visible color commonly

referred to as hunter orange and includes blaze orange, flame

orange, and fluorescent blaze orange.