PROHIBIT CERTAIN RECORDING OF

INDIVIDUALS HUNTING OR FISHING

House Bill 4340 as introduced

Sponsor:  Rep. John Reilly

Committee:  Natural Resources and Outdoor Recreation

Complete to 5-20-19

SUMMARY:

House Bill 4340 would amend Part 401 (Wildlife Conservation) of the Natural Resources and Environmental Protection Act (NREPA) to prohibit the recording of an individual, with the intent to harass that individual, who is lawfully taking an animal or fish.

Currently under NREPA, an individual is prohibited from obstructing or interfering in the lawful taking of animals or fish by another individual. NREPA then lists a variety of acts that, if intentionally or knowingly engaged in, constitute obstruction or interference in violation of the prohibition.

The bill would add that it would be a violation of the prohibition to intentionally or knowingly photograph, videotape, audiotape, or otherwise record an individual who is lawfully taking an animal or fish with the intent to harass that individual.

MCL 324.40112

FISCAL IMPACT:

House Bill 4340 would have an indeterminate fiscal impact on the state and on local units of government. The number of convictions that would result under provisions of the bill is not known. New misdemeanor convictions would increase costs related to county jails and/or local misdemeanor probation supervision. The costs of local incarceration in a county jail and local misdemeanor probation supervision, and how the costs are financed, vary by jurisdiction. The fiscal impact on local court systems would depend on how provisions of the bill affected caseloads and related administrative costs. Increased costs could be offset, to some degree, depending on the amount of additional court-imposed fee revenue generated. Any increase in penal fine revenue would increase funding for local libraries, which are the constitutionally designated recipients of those revenues.

The bill would not affect costs or revenues for the Department of Natural Resources.

                                                                                         Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analysts:   Robin Risko

                                                                                                                           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.