June 19, 2003, Introduced by Reps. Brown, Adamini and Gillard and referred to the Committee on Conservation and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 43553 (MCL 324.43553), as amended by 1996
PA 585, and by adding part 413.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 PART 413 WILDLIFE DAMAGE CLAIMS
2 Sec. 41301. As used in this part:
3 (a) "Agricultural commodity" means any of the following:
4 (i) Commercial seedings or crops growing on land used for
5 agriculture.
6 (ii) Crops that have been harvested for sale or use from land
7 used for agriculture but that have not been removed from the land
8 where harvested.
9 (iii) Orchard trees or nursery stock.
10 (iv) Apiaries.
1 (v) Livestock.
2 (b) "Agricultural commodity owner" means an owner, lessee, or
3 person who controls land where the seedings, crops, orchard
4 trees, or nursery stock referred to in subdivision (a)(i) to
5 (iii) are located or the owner of the apiaries or livestock
6 referred to in subdivision (a)(iv) or (v).
7 (c) "Fund" means the wildlife damage fund created under
8 section 41309.
9 (d) "Generally accepted agricultural and management
10 practices" means that term as defined in the Michigan right to
11 farm act, 1981 PA 93, MCL 286.471 to 286.474.
12 (e) "Wildlife damage" means damage caused by any of the
13 following noncaptive wild animals:
14 (i) Deer.
15 (ii) Bear.
16 (iii) Geese.
17 (iv) Turkey.
18 (v) Sandhill cranes, if sandhill cranes are classified as
19 game under part 401.
20 Sec. 41303. Subject to the requirements of this part, the
21 department shall implement a program to do all of the following:
22 (a) Recommend to agricultural commodity owners measures to
23 prevent wildlife damage to agricultural commodities.
24 (b) Reimburse agricultural commodity owners for the costs of
25 implementing measures described in subdivision (a).
26 (c) Compensate agricultural commodity owners for wildlife
27 damage to agricultural commodities.
1 Sec. 41305. (1) An agricultural commodity owner may file
2 with the department a request that the department make
3 recommendations on, and a commitment to provide reimbursement
4 for, measures to prevent wildlife damage to the agricultural
5 commodity. The agricultural commodity owner shall file the
6 request on a form provided by the department.
7 (2) The department shall review each request filed under
8 subsection (1). If the department determines that wildlife
9 damage to an agricultural commodity is occurring or likely to
10 occur and that any other requirements set forth in rules adopted
11 under this part are satisfied, the department shall recommend
12 wildlife damage prevention measures to the agricultural commodity
13 owner and may make a commitment to the agricultural commodity
14 owner to provide reimbursement for those measures if they are
15 implemented.
16 (3) The department shall recommend under subsection (2) only
17 wildlife damage prevention measures that are all of the
18 following:
19 (a) Authorized in rules adopted under this part.
20 (b) Appropriate for the type of wildlife damage, type of
21 agricultural commodity, and other circumstances.
22 (c) Cost-effective in relation to the wildlife damage claims
23 that would likely be paid under this part if the wildlife damage
24 prevention measures were not recommended and implemented.
25 Sec. 41307. (1) Within 14 days after first sustaining
26 wildlife damage to an agricultural commodity, the agricultural
27 commodity owner may file with the department a claim for
1 compensation for wildlife damage to the agricultural commodity.
2 The agricultural commodity owner shall file the claim on a form
3 provided by the department.
4 (2) The department shall investigate every claim filed under
5 subsection (1) and determine the dollar amount of wildlife damage
6 that occurred. Subject to subsection (3) and section 41309(5),
7 the department shall pay the agricultural commodity owner the
8 dollar amount of wildlife damage if all of the following apply:
9 (a) The owner requested and implemented recommendations for
10 wildlife damage prevention measures for the agricultural
11 commodity under section 41305.
12 (b) The agricultural commodity owner managed the agricultural
13 commodity in a manner consistent with generally accepted
14 agricultural and management practices.
15 (c) Any other requirements set forth in rules adopted under
16 this part are satisfied.
17 (3) The department shall determine the amount to be paid for
18 a claim under subsection (1) as follows:
19 (a) If the amount of the claim is $250.00 or less, nothing
20 shall be paid.
21 (b) If the amount of the claim is more than $250.00 but not
22 more than $5,250.00, the amount paid shall be 100% of the amount
23 of the claim that exceeds $250.00.
24 (c) If the amount of the claim is more than $5,250.00, the
25 amount paid shall be $5,000.00, plus 80% of the amount of the
26 claim that exceeds $5,250.00, but not more than a total of
27 $15,000.00 for each claim.
1 (4) The department shall pay compensation for wildlife damage
2 under subsection (2) by June 1 of the year after the year in
3 which the claim was filed.
4 Sec. 41309. (1) The wildlife damage fund is created within
5 the state treasury.
6 (2) The state treasurer may receive money or other assets
7 from any source for deposit into the fund. Fifteen percent of
8 the revenue from all bear hunting licenses issued under part 435
9 shall be deposited in the fund.
10 (3) The state treasurer shall direct the investment of the
11 fund. The state treasurer shall credit to the fund interest and
12 earnings from fund investments.
13 (4) Money in the fund at the close of the fiscal year shall
14 remain in the fund and shall not lapse to the general fund.
15 (5) The department shall expend money from the fund, upon
16 appropriation, only for the following purposes:
17 (a) The costs of administering this part.
18 (b) Reimbursement for wildlife damage prevention measures
19 under section 41305.
20 (c) Compensation for wildlife damage under section 41307.
21 Payments under this subdivision shall be made from the unexpended
22 balance of the appropriation from the fund remaining after paying
23 costs and making reimbursements under subdivisions (a) and (b).
24 If the unexpended balance of the appropriation is not sufficient
25 to pay the full amount required under section 41307(2) and (3),
26 the department shall compensate claimants on a prorated basis.
27 Sec. 41311. (1) Subject to subsections (2) and (3), a
1 person who receives reimbursement for a wildlife damage
2 prevention measure or compensation for a wildlife damage claim
3 under this part and any other person who owns, leases, or
4 controls the land on which was located the agricultural commodity
5 that was the subject of the wildlife damage prevention measure or
6 the wildlife damage claim shall permit hunting of the type of
7 wildlife that is the focus of the prevention measures or that
8 caused the wildlife damage, during the appropriate open season.
9 Hunting shall be permitted on areas of that land and contiguous
10 land under the same ownership, lease, or control determined by
11 the department to be suitable for hunting.
12 (2) Hunting under subsection (1) is subject to all of the
13 following conditions:
14 (a) A hunter shall notify the landowner of his or her intent
15 to hunt on the land.
16 (b) A hunter shall not bring a motor vehicle onto the land
17 without the permission of the landowner.
18 (c) A hunter shall not use a hunting stand on the land
19 without the permission of the landowner.
20 (d) A landowner may deny a hunter access to the land for
21 reasonable cause, including, but not limited to, any of the
22 following:
23 (i) If the hunter hunts on the land, 3 or more hunters will
24 be present per 40 acres of the area determined under subsection
25 (1) to be suitable for hunting.
26 (ii) The hunter appears to be intoxicated or is unruly.
27 (iii) The hunter causes property damage.
1 (iv) The hunter violates any of the conditions under
2 subdivisions (a) to (c).
3 (3) The requirement to allow hunting under subsection (1)
4 does not apply if the agricultural commodity owner does not have
5 authority to control entry on the land for the purpose of
6 hunting.
7 (4) A person who violates subsection (1) is not eligible for
8 reimbursement or compensation under this part for 10 years after
9 on the day on which the refusal to permit hunting occurred. In
10 addition, the person is liable to the department for all of the
11 following:
12 (a) Repayment of any reimbursement received by that person
13 under this part for wildlife damage prevention measures
14 implemented on that land or on contiguous land under the same
15 ownership, lease, or control.
16 (b) Repayment of any compensation received under this part by
17 that person for wildlife damage on that land or on contiguous
18 land under the same ownership, lease, or control.
19 (c) Payment of the costs incurred by the department to review
20 and approve any reimbursement for wildlife damage prevention
21 measures described in subdivision (a) or compensation for
22 wildlife damage described in subdivision (b).
23 (d) Payment of costs incurred by the department to
24 investigate the failure to permit hunting on the land.
25 Sec. 41313. (1) An agricultural commodity owner who files a
26 request for reimbursement for wildlife damage prevention measures
27 or a claim for compensation for wildlife damage shall do both of
1 the following:
2 (a) Retain all records relating to the reimbursement or
3 compensation as required by the department and make them
4 available to the department for inspection at reasonable times.
5 (b) Allow representatives of the department to enter and
6 inspect, at reasonable times, any land for which the application
7 or claim was filed.
8 (2) The department, if requested, shall furnish to an
9 agricultural commodity owner described in subsection (1) a report
10 setting forth all of the factual findings by the department that
11 relate to an inspection under this section.
12 Sec. 41315. The department shall arrange for an annual
13 audit of any reimbursements for wildlife damage prevention
14 measures and compensation for wildlife damage paid under section
15 41305 or 41307, respectively, to department officers and
16 employees.
17 Sec. 41317. (1) A person who makes, or causes to be made, a
18 false statement or representation of a material fact in a request
19 for reimbursement for a wildlife damage prevention measure or in
20 a claim for compensation for wildlife damage is civilly liable
21 for both of the following:
22 (a) Repayment of any money paid by the department as
23 reimbursement for the wildlife damage prevention measure or
24 compensation for the wildlife damage.
25 (b) Payment of the costs for reviewing and approving the
26 application for reimbursement or claim for compensation and the
27 costs in investigating and determining that a false statement or
1 representation was made.
2 (2) A person who knowingly makes or causes to be made a false
3 statement or representation of material fact in a request for
4 reimbursement for a wildlife damage prevention measure or in a
5 claim for compensation for wildlife damage is guilty of a
6 misdemeanor. Upon conviction, the court shall prohibit the
7 person from receiving any reimbursement or compensation under
8 this part for 10 years beginning on the date of conviction. In
9 addition, the person may be punished by either or both of the
10 following:
11 (a) Payment of a fine equal to 2 times the total amount of
12 the reimbursement or compensation received, plus an amount not to
13 exceed $1,000.00.
14 (b) Revocation of the person's hunting, fishing, or trapping
15 licenses if the person is licensed to hunt, fish, or trap in this
16 state, and a prohibition against seeking or possessing such a
17 license for the remainder of the calendar year in which the
18 person is convicted and for up to 3 succeeding calendar years.
19 (3) An owner of an agricultural commodity with respect to
20 which another person was convicted under subsection (2) is not
21 eligible for reimbursement or compensation under this part for 10
22 years beginning on the date of conviction.
23 Sec. 41319. The department shall promulgate rules to
24 implement this part. The rules shall address all of the
25 following:
26 (a) Eligibility and funding requirements for reimbursement
27 for wildlife damage prevention measures and compensation for
1 wildlife damage that maximize the cost-effectiveness of the
2 program under this part.
3 (b) Authorized wildlife damage prevention measures and
4 methods for implementing these prevention measures.
5 (c) Procedures for processing and paying reimbursement for
6 wildlife damage prevention measures, including verification of
7 the costs and implementation of those measures.
8 (d) Procedures for processing and paying claims for
9 compensation for wildlife damage, including both of the
10 following:
11 (i) Standards for determining the amount of wildlife damage.
12 (ii) A methodology for proration of compensation for wildlife
13 damage under section 41309.
14 (e) Procedures for inspections under section 41313.
15 (f) Any other matter necessary for the enforcement and
16 administration of this part.
17 Sec. 41321. (1) The department shall prepare an annual
18 report concerning wildlife damage and the program provided for by
19 this part. The report shall include at least a summary of each
20 of the following:
21 (a) All of the wildlife damage to apiaries believed to have
22 occurred in this state.
23 (b) The claims for compensation for wildlife damage that were
24 filed under this part.
25 (c) The wildlife damage prevention measures that were
26 recommended or implemented under this part.
27 (d) The percentage of the total number of claims for
1 compensation for wildlife damage that are rejected for failure to
2 meet the requirements of this part or rules promulgated under
3 this part.
4 (e) The percentage of the total number of claims for
5 compensation for wildlife damage for which the amount of the
6 payment to the claimant was prorated under section 41309.
7 (2) The department shall submit the report prepared under
8 subsection (1) by June 1 of each year to the standing committees
9 of the senate and house of representatives with primary
10 responsibility for legislation related to agriculture or wildlife
11 conservation. The first report shall be submitted by June 1,
12 2004. Each report shall cover the 12-month period ending on the
13 December 31 that immediately precedes the date of the report.
14 Sec. 41323. The department shall issue guidelines under
15 chapter 2 of the administrative procedures act of 1969, 1969
16 PA 306, MCL 24.221 to 24.228, to establish standards for
17 tolerable levels of damage caused by deer living in the wild to
18 crops on agricultural land, including commercial seedings,
19 orchard trees, and nursery stock. The department shall use the
20 standards in setting goals for managing the deer herd.
21 Sec. 43553. (1)
Except as provided in sections 43555 and
22 43556 section 43555, the department shall transmit
all money
23 received from the sale of licenses to the state treasurer,
24 together with a statement indicating the amount of money received
25 and the source of the money.
26 (2) The game and fish protection fund is created as a
27 separate fund in the department
of state treasury. Except as
1 provided in subsection (5) and section 41309, the state treasurer
2 shall credit the money
received from the sale of passbooks and
3 licenses to the game and fish protection fund.
4 (3) Except as
provided in sections 43524, 43525, 43531,
5 43554, and 43556 and subsection (4), money credited to the game
6 and fish protection fund shall be paid out by the state treasurer
7 pursuant to the accounting laws of this state for the following
8 purposes:
9 (a) Services rendered by the department, together with the
10 expenses incurred in the enforcement and administration of the
11 game, fish, and fur laws of the state, including the necessary
12 equipment and apparatus incident to the operation and enforcement
13 of the game, fish, and fur laws, and the protection, propagation,
14 distribution, and control of game, fish, birds, fur-bearing
15 animals, and other
wildlife. forms.
16 (b) The propagation and liberation of game, fur-bearing
17 animals, birds, or fish and for their increase at the time,
18 place, and manner as the department considers advisable.
19 (c) The purchase,
lease, and management of lands , together
20 with the necessary and equipment for the purpose of propagating
21 and rearing game, fur-bearing animals, birds, or fish, and for
22 establishing and maintaining game refuges, wildlife sanctuaries,
23 and public shooting and fishing grounds.
24 (d) Conducting investigations and compiling and publishing
25 information relative to the propagation, protection, and
26 conservation of wildlife.
27 (e) Delivering lectures, developing cooperation, and carrying
1 on appropriate educational activities relating to the
2 conservation of the wildlife of this state.
3 (4) The department may make direct grants to colleges and
4 universities in this state, out of funds appropriated from the
5 game and fish protection fund, to conduct fish or wildlife
6 research or both fish and wildlife research.
7 (5) The youth hunting and fishing education and outreach fund
8 is created as a separate fund in the department of treasury. The
9 state treasurer shall credit to the youth hunting and fishing
10 education and outreach fund the money received from the sale of
11 small game licenses and all-species fishing licenses under
12 sections 43523 and 43532,
respectively, to persons who are 12
13 years of age through
16 under 17 years of age.
Money in the
14 youth hunting and fishing education and outreach fund at the
15 close of the fiscal year shall remain in the fund and shall not
16 lapse to the general fund.
17 (6) Money credited to the youth hunting and fishing education
18 and outreach fund shall be paid out by the state treasurer
19 pursuant to the accounting laws of this state for hunting and
20 fishing education and
outreach programs for youth through 16
21 under 17 years of age.
22 (7) The department and any other executive department of the
23 state that receives money from the game and fish protection fund
24 or the youth hunting and fishing education and outreach fund
25 shall submit an annual report to the legislature showing the
26 amount of money received by the department or other executive
27 department from the game and fish protection fund or the youth
1 hunting and fishing education and outreach fund and how that
2 money was spent. An executive department required to submit a
3 report as provided in this subsection shall send a copy of the
4 report to the legislature and to the department.