HOUSE BILL No. 5309

 

September 2, 2009, Introduced by Reps. Proos, Kurtz, Ball, Lori, Haveman, Tyler, Stamas, Daley, Agema, Spade, Wayne Schmidt, Lund, Walsh, Calley, Denby and Pavlov 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 40114 (MCL 324.40114), as amended by 2008 PA

 

169.

 

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 because the person is a paraplegic or an

 

amputee or because of 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, 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) The commission may issue an order under section 40113a

 

regulating the taking of game with a modified bow that may be shot

 

with 1 arm. Subsection (2) does not apply on or after the effective

 

date of such an order.

 

     (4) 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. A permittee under a deer damage

 

shooting permit may designate not more than 15 authorized shooters

 

to implement the provisions of the permit.

 

     (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.

 

     (5) A permit issued under this section may be suspended,

 

revoked, annulled, withdrawn, recalled, canceled, or amended

 

pursuant to the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328. If the holder of a permit is convicted of

 

violating the permit or 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.

 

     (6) 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 account of the

 

Michigan conservation and recreation legacy fund provided for in

 

section 2010.