February 14, 2008, Introduced by Reps. Sheltrown, Walker, Elsenheimer, Nitz, Hansen, Mayes, Ball, Melton, Gillard, Polidori, Booher, Casperson, LaJoy, Stakoe, David Law, Horn, Hildenbrand, Knollenberg, Huizenga, Simpson, Vagnozzi, Angerer, LeBlanc, Spade, Robert Jones, Griffin, McDowell, Lahti, Lindberg, Rick Jones, Stahl, Ebli, Calley, Acciavatti, Pavlov, Garfield, Cushingberry, Miller, Hammon, Hammel, Sheen, Emmons, Gonzales and Hune 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 2004 PA
587, and by adding sections 40115 and 40115a.
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 and 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 or
foot, 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) 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.
(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 as provided in section 40115.
(4) 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 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.
(5) 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.
Sec. 40115. (1) The department may issue a permit to a person
who is certified as being permanently disabled by a licensed
physical therapist as provided in this section. That permit shall
be issued without cost to the applicant and shall authorize that
person to take game with a crossbow during the open season for that
game 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) An applicant for a permit under this section shall submit
to the department a signed certification from a licensed physical
therapist indicating the percentage of disability determined to be
present in the permit applicant by the licensed physical therapist.
Based on the test findings, the licensed physical therapist may
certify that the applicant is permanently disabled as required by
this section if the licensed physical therapist finds that the
permit applicant has at least 60%, in combination or individual
impairment, of a hand, elbow, or shoulder. In support of such a
determination, the licensed physical therapist shall utilize the
following standards and criteria:
(a) If applicable, muscle weaknesses with a grade of fair or
below for involved upper extremity muscle groups will be used to
determine if a person is eligible for a permit under this section.
Testing by the licensed physical therapist will use as a guideline
"Techniques of Manual Muscle Testing," by Daniels and Worthingham,
or other guidelines accepted by the American medical association.
(b) Impaired range of motion. Goniometric measurements using
the "American medical association guide to evaluation and permanent
impairment rating", or other guidelines accepted by the American
medical association.
(c) Peripheral nerve involvement, using the "American medical
association guide to evaluation and permanent impairment rating,"
or other guidelines accepted by the American medical association.
(d) Amputations involving 4 fingers at the proximal
interphalangeal joint, wrist, elbow, and shoulder do not require
objective test findings. However, the applicant is required to
present a physician's diagnosis to be qualified for a permit.
(e) Unilateral hand weakness disabilities. In addition to
manual muscle testing, a grip dynamometer, pinch grip, and lateral
grip measurements will be used to compare dominant to nondominant
hand. A 5% deficit is standard acceptance for the nondominant hand.
Bilateral hand weaknesses or bilateral upper extremity weaknesses,
or both, are subject to manual muscle testing only.
(f) Any spinal cord injury above the level of C-8, resulting
in permanent disability to the lower extremities, leaving the
applicant permanently nonambulatory, as diagnosed by a physician,
do not require objective test findings.
(g) Coordination assessment to assess the ability of muscles
or groups of muscles to work together to perform a task.
Coordination is the ability to execute smooth, accurate, controlled
movement. Incoordination or coordination deficit describes abnormal
motor function characterized by awkward, extraneous, uneven, or
inaccurate movements, caused by central nervous disorders,
including, but not limited to, Parkinson's disease, cerebral palsy,
hemiplegia, hemiparesis, and closed head trauma; or by progressive
neuromuscular diseases, such as muscular dystrophy, multiple
sclerosis, and amyotrophic lateral sclerosis. For safety
considerations, this test will eliminate severely impaired
applicants from qualifying for a permit.
(3) A person shall not seek diagnosis from a licensed physical
therapist for purposes of meeting the requirements of this section
on more than 2 occasions within a 6-month period. If a person seeks
a diagnosis from a licensed physical therapist and the results of
the testing do not meet the requirements of this section for
eligibility for a permit, the person may do either of the
following:
(a) Within 30 days of obtaining the test results, seek another
opinion from the same or a different licensed physical therapist.
(b) After 180 days or more, seek another opinion from the same
or a different licensed physical therapist.
(4) A crossbow permit issued under this section is valid
unless revoked pursuant to the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328.
(5) Arrows, bolts, and quarrels used for taking deer, bear,
elk, and turkey with a crossbow under a permit issued under this
section are required to have a broadhead hunting type of point not
less than 7/8 of an inch wide and must be a minimum of 14 inches in
length.
Sec. 40115a. The department may issue a permit under this
section to a person who is 69 years or older. That permit shall be
issued without cost to the applicant and shall authorize that
person to take game with a crossbow during the open season for that
game 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.