TAKING OF GAME S.B. 1033 (S-1): FLOOR ANALYSIS
Senate Bill 1033 (Substitute S-1 as reported by the Committee of the Whole) Sponsor: Senator Mat J. Dunaskiss
Committee: Natural Resources and Environmental Affairs
The bill would amend Part 401 of the Natural Resources and Environmental Protection Act, which concerns wildlife conservation, to provide that the Director of the Department of Natural Resources (DNR) would have the exclusive authority to regulate the taking of game in this State. In making decisions regarding the taking of game, the Director would have to use principles of sound scientific management. The issuance of orders regarding the taking of game would have to be made following a public hearing in the executive branch after an opportunity for public input. Prior to issuing an order, the DNR would have to provide a copy of it to each member of the Senate and House of Representatives standing committees that consider legislation pertaining to conservation, environment, recreation, tourism, and natural resources. The members of the standing committees would have 30 days to review and submit comments to the Director regarding an order. This provision would not apply to an order that did not alter the substance of a lawful provision that existed in the form of a statute, rule, regulation, or order at the time the order was prepared. No commission, department, director, agency, or public official in the executive branch of this State, other than the Director of the DNR, would have rule-making authority under any section of the Act, or under any other provision of law, to take any action inconsistent with the bill.
The bill also contains the following legislative findings:
-- “The fish and wildlife of the state and their habitat are of paramount importance to the citizens of this state.”
-- “The sound scientific management of the fish and wildlife populations of the State, including hunting and fishing, is declared to be in the pubic interest.”
The bill provides that it would not take effect unless it were submitted to the qualified electors of the State at the general election to be held November 5, 1996, in the same manner as provided by law for proposed amendments to the State Constitution of 1963, and approved by a majority of the electors voting on the question. If approved by the electors, the bill would take effect 10 days after the date of the official declaration of the votes.
Proposed MCL 324.40113a Legislative Analyst: L. Burghardt
The bill would have no fiscal impact on State or local government.
Date Completed: 5-29-96 Fiscal Analyst: G. Cutler
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.