SB-1105, As Passed Senate, June 27, 2006

SENATE SUBSTITUTE FOR HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1105

(As amended, June 27, 2006)

<<A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43502, 43505, 43506, 43517, and 43520 (MCL

324.43502, 324.43505, 324.43506, 324.43517, and 324.43520),

sections 43502, 43505, and 43506 as amended by 1996 PA 585 and

sections 43517 and 43520 as added by 1995 PA 57.>>

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 43502. (1) "Accompany" means to go along with another

person under circumstances that allow one to come to the immediate

aid of the other person and while staying within a distance from

the person that permits uninterrupted, unaided visual and auditory

communication.

     (2)  (1) "Amphibian" means  any  a frog, toad, salamander, or

any other member of the class amphibia.

     (3) "Apprentice license" means a license issued under section

43520(3).

(4)  (2) "Aquatic species" means  any  a fish, reptile,

amphibian, mollusk, aquatic insect, or crustacea or part thereof.

(5)  (3) "Bow" means a device for propelling an arrow from a

string drawn, held, and released by hand  where  if the force used

to hold the string in the drawn position is provided by the

archer's muscles.

(6)  (4) "Crossbow" means a weapon consisting of a bow, with

a draw weight of 100 pounds or more, mounted transversely on a

stock or frame and designed to fire an arrow, bolt, or quarrel by

the release of a bow string  that is controlled by a mechanical or

electric trigger  and has  with a working safety.  and a draw

weight of 100 pounds or more.

(7)  (5) "Crustacea" means  any  a freshwater crayfish,

shrimp, or prawn of the order decapoda.

     Sec. 43505. (1) "Hunt" and "hunting" mean to pursue, capture,

shoot, kill, chase, follow, harass, harm, rob, or trap a wild

animal, or to attempt to engage in such an activity.

     (2) "Identification" means a driver license issued by

Michigan, another state, or a Canadian province as accepted by the

department, a state of Michigan identification card issued by the

secretary of state, or a sportcard issued by the department.

     (3) "License" means a document or a tag, stamp, plastic card,

or other device that may include a stamp or a tag that authorizes

the licensee to hunt, fish, trap, or possess wild animals or

aquatic species and other identification required by the

department.

     (4) "Minor child" means a person less than 17 years  of age

old.

     (5) "Nonresident" means or refers to a person who is not a

resident.  who is 17 years of age or older.

     Sec. 43506. (1) "Open season" means the time during which game

animals, game birds, fur-bearing animals, and aquatic species may

be legally taken or killed. Open season includes both the first and

last day of the season or period.

     (2) "Reptile" means a turtle, snake, lizard, or any other

member of the class reptilia.

     (3) "Resident" means or refers to any of the following:

     (a) A person who resides in a settled or permanent home or

domicile within the boundaries of this state with the intention of

remaining in this state.

     (b) A student who is enrolled in a full-time course at a

college or university within this state and who resides in the

state during the school year.

     (c) A person regularly enlisted or commissioned as an officer

in the armed forces of the United States and officially stationed

in this state.

     (d) A person regularly enlisted or commissioned as an officer

in the armed forces of the United States who, at the time of

enlistment, was a resident of this state and has maintained his or

her residence in this state for purposes of obtaining a driver

license or voter registration, or both.

     Sec. 43517. A parent or legal guardian of a minor child shall

not permit or allow the minor child to hunt game under the

authority of a license issued pursuant to this part except under 1

of the following conditions:

     (a) The minor child hunts only on land upon which  the  a

parent or guardian is  not regularly domiciled  without being

accompanied by the  or a parent or guardian, or another person at

least 18 years old authorized by  the  a parent or guardian,  who

is 17 years of age or older  accompanies the minor child. This

subdivision does not apply under either of the following

circumstances:

     (i) The license is an apprentice license.

     (ii) The minor child is less than 14 years old and the license

is a license to hunt deer, bear, or elk with a firearm.

     (b) If the license is an apprentice license, a parent or

guardian, or another person at least 21 years old authorized by a

parent or guardian, who is licensed to hunt that game under a

license other than an apprentice license accompanies the minor

child. In addition, if the minor child is less than 14 years old

and the apprentice license is a license to hunt deer, bear, or elk

with a firearm, the minor child shall hunt only on private

property.

     (c) If the minor child is less than 14 years old and the

license is a license to hunt deer, bear, or elk with a firearm, the

minor child hunts only on private property and a parent or

guardian, or another person authorized by a parent or guardian who

is at least 18 years old, accompanies the minor child. This

subdivision does not apply if the license is an apprentice license.

     Sec. 43520. (1) Subject to other requirements of this part,

the department may issue a hunting license to a minor child

subject to both of the following conditions:

     (a) On application of a  if all of the following requirements

are met:

     (a) A parent or legal guardian of the minor child  , if the

minor child, when hunting on lands upon which the minor child's

parents are not regularly domiciled, is accompanied by the parent

or guardian or another person authorized by the parent or guardian

who is 17 years of age or older.

     (b) Payment of the license fee.

     (2) A  applies for the license on behalf of the minor child.

     (b) The parent or guardian represents that the requirements of

section 43517(a), (b), or (c), as applicable, will be complied

with.

     (c) The minor child is at least 10 years old or, if the

license is a license to hunt deer, bear, or elk with a firearm,

shall not be issued to a person who is less than 14 years of age

at least 12 years old.

     (3) A license to hunt shall not be issued to a person who is

less than 12 years of age.

     (d) The license fee is paid.

     (2)  (4)  A person authorized to sell hunting licenses shall

not issue a hunting license to a person born after January 1, 1960,

unless the person presents proof of previous hunting experience in

the form of a hunting license issued by this state, another state,

a province of Canada, or another country or presents a

certification of completion of training in hunter safety issued to

the person by this state, another state, a province of Canada, or

another country. If an applicant for a hunting license does not

have proof of such a previous license or a certification of

completion of training in hunter safety, a person authorized to

sell hunting licenses may issue a hunting license if the applicant

submits a signed affidavit stating that  they have  the applicant

has completed a course in hunter safety or that  they have  the

applicant possessed such a hunting license previously. The person

selling a hunting license shall record as specified by the

department the form of proof of the previous hunting experience or

certification of completion of hunter safety training presented by

the applicant. This subsection does not apply to the issuance of an

apprentice license. An apprentice license or the equivalent does

not satisfy the requirements of this subsection concerning proof of

previous hunting experience.

     (3) A person who does not meet the requirements of subsection

(2) may obtain an apprentice license for the same price as the

corresponding regular license that the person would otherwise be

qualified to obtain. A person 17 years old or older shall not hunt

game under an apprentice license unless another person at least 21

years old who possesses a license, other than an apprentice

license, to hunt that game accompanies that apprentice licensee and

does not accompany more than 1 other apprentice licensee. For the

purposes of this subsection and section 43517(b), a person shall

not go along with more than 2 apprentice licensees of any age for

the purpose of accompanying those apprentice licensees while those

apprentice licensees are hunting. If a person has represented to an

apprentice licensee or, if the apprentice licensee is a minor

child, to the apprentice licensee's parent or legal guardian that

the person would accompany the apprentice licensee for the purposes

of this subsection, the person shall not go along with the

apprentice licensee while the apprentice licensee is hunting unless

the person actually accompanies the apprentice licensee and

possesses a license, other than an apprentice license, to hunt the

same game as the apprentice licensee. A person is not eligible to

obtain a specific type of apprentice license, such as a firearm

deer license, an archery deer license, a combination deer license,

a small game license, or a turkey license, for more than 2 license

years. An apprentice license shall be distinguished from a license

other than an apprentice license by a notation or other means.

     (4) By October 1, 2008, the department shall submit to the

standing committees of the senate and house of representatives with

primary responsibility for conservation and outdoor recreation

issues a report on the effect of the apprentice hunter program and

the reductions in minimum hunting age enacted by the 2006

amendatory act that amended this section on recruitment of new

hunters and other relevant issues, such as hunter safety.