May 6, 2009, Introduced by Rep. Sheltrown and referred to the Committee on Tourism, Outdoor Recreation and 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 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
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) A person shall not use a blind to take deer with a firearm
unless 144 square inches of hunter orange is visible on the
exterior surface of the blind from all sides.
(4) (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.
(5) As used in this section:
(a) "Blind" means an enclosure used to help conceal or
disguise the occupant for the purposes of taking game.
(b) "Hunter orange" means the highly visible color commonly
referred to as hunter orange and includes blaze orange, flame
orange, and fluorescent blaze orange.