ALLOW HUNTING FROM PERSONAL

ASSISTIVE MOBILITY DEVICE

House Bill 4239 (reported from committee w/o amendment)

Sponsor:  Rep. Charles Smiley

Committee:  Tourism and Outdoor Recreation

Complete to 4-28-15

SUMMARY:

Under Section 41104 of the Natural Resources and Environmental Protection Act, the Department of Natural Resources can issue a permit to allow an individual who is unable to walk to hunt from a standing vehicle.

House Bill 4239 would allow individuals who need a "personal assistive mobility device" due to impaired mobility to hunt wild game from that vehicle.

Under the bill, an individual with a valid permit to hunt from a standing vehicle who uses one of these personal assistive mobility devices could transport or possess an uncased firearm with a loaded magazine if the action was open.  In order for that individual to possess and/or discharge a loaded firearm for the taking of wild game, the following the requirements must be met:

o   The personal assistive mobility device cannot be moving.

o   The individual must hold a valid base license and any other necessary license, and comply with all other laws and rules for the taking of game.

A personal assistive mobility device is defined as "any device, including, but not limited to, one that is battery-powered, that is designed solely for use by an individual with mobility impairment for locomotion and is considered an extension of the individual." The bill would take effect 90 days after being signed into law.

FISCAL IMPACT:

House Bill 4239 would not have a significant fiscal impact on the Department of Natural Resources.

POSITIONS:

            The Michigan United Conservation Clubs (MUCC) indicated support for the bill.  (4-15-15)

The Department of Natural Resources proposed a substitute version of the bill that was not adopted.  (4-15-15)

                                                                                         Legislative Analyst:   Josh Roesner/C. Couch

                                                                                                 Fiscal Analyst:   Austin Scott

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.