ALLOW HUNTER PINK

House Bill 5114 as introduced

Sponsor:  Rep. Michele Hoitenga

Committee:  Natural Resources and Outdoor Recreation

Complete to 12-6-19

SUMMARY:

House Bill 5114 would amend Part 401 (Wildlife Conservation) of the Natural Resources and Environmental Protection Act (NREPA) to allow individuals to wear hunter pink while hunting and to remove a requirement that the Natural Resources Commission (NRC) decide whether hunter pink, or any additional colors, would be “effective and safe” for individuals to wear while hunting.

Under current law, an individual must wear a cap, hat, vest, jacket, or rain gear that is hunter orange while he or she is taking game. The hunter orange garment must be the outermost layer that the individual has on and must be visible from all sides. As long as camouflage is at least 50% hunter orange, it is compliant with the color requirement.

Individuals engaging in the following activities are exempt from the color requirement:

·         Taking deer with a bow or crossbow during archery deer season.

·         Taking bear with a bow or crossbow.

·         Taking turkey or migratory birds other than woodcock.

·         The sport of falconry.

·         Hunting bobcat, coyote, or fox while stationary.

The bill would include hunter pink as a permissible safety color, to be worn as hunter orange is currently worn. Hunter pink would be defined as including blaze pink, flame pink, and fluorescent blaze pink.

The bill would also remove a requirement that the NRC determine whether hunter pink or other colors are effective and safe for individuals to wear while hunting.

MCL 324.40116

BACKGROUND:

House Bill 5114 is a reintroduction of HB 5416 of the 2017-18 legislative session. That bill was a partial reintroduction of HB 5484 of 2015-16 (enacted as 2016 PA 377).

2016 PA 377 required the NRC to review and determine whether pink or other colors should be allowed to be worn while hunting. In September 2017, the NRC decided not to allow hunter pink as a substitute for hunter orange. Hunters may wear pink, but the dominant color of the outfit must still be orange.[1]

States that allow hunter pink as a substitute for hunter orange include Wisconsin, Colorado, Louisiana, Minnesota, New York, and Virginia. States that have rejected hunter pink as a substitute include Illinois, Maine, and Montana.

FISCAL IMPACT:

House Bill 5114 would not affect costs or revenues for the Department of Natural Resources or for local units of government.

                                                                                        Legislative Analyst:   Emily S. Smith

                                                                                                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.



[1] https://www.michigan.gov/documents/dnr/Approved_Signed_Memos_September_2017_601385_7.pdf

See also https://www.freep.com/story/news/local/michigan/2017/09/15/hunter-pink-michigan-hunting-orange/672196001/