HB-5192, As Passed Senate, May 24, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5192

      A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43502, 43505, 43517, 43520, 43523, 43525,

43525a, 43527, and 43553 (MCL 324.43502, 324.43505, 324.43517,

324.43520, 324.43523, 324.43525, 324.43525a, 324.43527, and

324.43553), sections 43502, 43505, 43523, 43525, and 43527 as

amended by 1996 PA 585, sections 43517 and 43520 as added by 1995

PA 57, section 43525a as added by 1998 PA 291, and section 43553

as amended by 2004 PA 587.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

 2  person under circumstances that allow one to come to the

 3  immediate aid of the other person and while staying within a

 1  distance from the person that permits uninterrupted, unaided

 2  visual and auditory communication.

 3        (2)  (1) "Amphibian" means any frog, toad, salamander, or

 4  any other member of the class amphibia.

 5  (3)  (2) "Aquatic species" means any fish, reptile,

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

 7  (4)  (3) "Bow" means a device for propelling an arrow from

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

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

10  archer's muscles.

11  (5)  (4) "Crossbow" means a weapon consisting of a bow

12  mounted transversely on a stock or frame and designed to fire an

13  arrow, bolt, or quarrel by the release of a bow string that is

14  controlled by a mechanical or electric trigger and has a working

15  safety and a draw weight of 100 pounds or more.

16  (6)  (5) "Crustacea" means any freshwater crayfish, shrimp,

17  or prawn of the order decapoda.

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

19  capture, shoot, kill, chase, follow, harass, harm, rob, or trap a

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

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

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

23  the department, a state of Michigan identification card issued by

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

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

26  card, or other device that may include a stamp or a tag that

27  authorizes the licensee to hunt, fish, trap, or possess wild

    House Bill No. 5192 as amended May 23, 2006

 1  animals or aquatic species and other identification required by

 2  the department.

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

 4  old.

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

 6  resident.  who is 17 years of age or older.

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

 8  shall not permit or allow the minor child to hunt under the

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

10  1 of the following conditions:

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

12  parent or guardian is  not regularly domiciled  without being

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

14  authorized by  the  a parent or guardian who is  17 years of age

15  or older  at least <<18>> years old, accompanies the minor child.

16  This subdivision does not apply if the minor child is less than

17  14 years old and the license is a license to hunt deer, bear, or

18  elk with a firearm.

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

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

21  the minor child hunts only on private property and a parent or

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

23  who is at least <<18>> years old, accompanies the minor child.

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

25  the department may issue a hunting license to a minor child

26  subject to both of the following conditions:

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

 1  requirements are met:

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

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

 4  parents are not regularly domiciled, is accompanied by the parent

 5  or guardian or another person authorized by the parent or

 6  guardian who is 17 years of age or older applies for the license

 7  on behalf of the minor child.

 8        (b) Payment of the license fee.

 9        (2) A license to hunt deer, bear, or elk with a firearm

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

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

12  less than 12 years of age.

13        (b) The parent or legal guardian represents that the

14  requirements of section 43517(a) or (b), as applicable, will be

15  complied with.

16        (c) The minor child is at least 10 years old, or, for a

17  license to hunt deer, bear, or elk with a firearm, 12 years old.

18        (d) The license fee is paid.

19        (2)  (4) A person authorized to sell hunting licenses shall

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

21  1960, unless the person presents proof of previous hunting

22  experience in the form of a hunting license issued by this state,

23  another state, a province of Canada, or another country or

24  presents a certification of completion of training in hunter

25  safety issued to the person by this state, another state, a

26  province of Canada, or another country. If an applicant for a

27  hunting license does not have proof of such a previous license or

    House Bill No. 5192 as amended May 23, 2006

 1  a certification of completion of training in hunter safety, a

 2  person authorized to sell hunting licenses may issue a hunting

 3  license if the applicant submits a signed affidavit stating that

 4  they have  the applicant has completed a course in hunter safety

 5  or that  they have  the applicant possessed such a hunting

 6  license previously. The person selling a hunting license shall

 7  record as specified by the department the form of proof of the

 8  previous hunting experience or certification of completion of

 9  hunter safety training presented by the applicant.

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

11  <<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 reductions in minimum

12  hunting age enacted by the 2006 amendatory act that added this

13  subsection on recruitment of new hunters and other relevant

14  issues, such as hunter safety.

15        Sec. 43523. (1) Except as otherwise provided in this part, a

16  person shall not hunt small game without a current small game

17  license. Each small game license authorizes the person named in

18  the license to hunt for small game except for animals or birds

19  that require a special license.  The fee for a resident small

20  game license is $13.00. Beginning in 1999, the fee for a resident

21  small game license is $14.00. Beginning in 2001, the fee for a

22  resident small game license is $15.00. If authorized in an order

23  issued under part 401, a resident possessing a current small game

24  license may take specified fur-bearing animals by means other

25  than trapping during the open season for hunting these fur-

26  bearing animals. The fee for a  resident or nonresident who is 12

27  years of age through 16 years of age for a small game license is

 1  $1.00. The fee for a nonresident small game license is $60.00.

 2  Beginning in 1999, the fee for a nonresident small game license

 3  is $65.00. Beginning in 2001, the fee for a nonresident small

 4  game license is $69.00.

 5        (2) A  small game license is as follows:

 6        (a) Subject to subdivision (b), for a resident, $15.00.

 7        (b) For a resident or nonresident minor child, $1.00.

 8        (c) Subject to subdivision (b), for a nonresident, $69.00.

 9  However, a nonresident may purchase a limited nonresident small

10  game license entitling that person to hunt for a 3-day period all

11  species of small game that are available to hunt under a

12  nonresident small game license. The  fee for a limited

13  nonresident small game license is $26.00. Beginning in 1999, the

14  fee for a limited nonresident small game license is $28.00. 

15  Beginning in 2001, the fee for a limited nonresident small game

16  license is $30.00.  Beginning in 2001, the fee for a limited

17  nonresident small game license is $30.00.

18  (2)  (3) A small game license is void between the hours of

19  1/2 hour after sunset and 1/2 hour before sunrise.

20        Sec. 43525. (1) A person 16 years of age or older shall not

21  hunt waterfowl without a current waterfowl hunting license issued

22  by this state. The annual license requirement is in addition to

23  the requirements for a small game license and federal migratory

24  bird hunting stamp. The fee for the waterfowl hunting license is

25  $5.00.

26        (2) If issued as a stamp, a waterfowl hunting license shall

27  be affixed to the small game license of the person and signed

 1  across the face of the stamp by the person to whom it is issued.

 2        (3) A collector may purchase a waterfowl hunting license, if

 3  it is issued as a stamp, without being required to place it on a

 4  small game license, sign across its face, or provide proof of

 5  competency under section  43520(4)  43520(2). However, a license

 6  described in this subsection is not valid for hunting waterfowl.

 7        (4) A person shall not hunt waterfowl, or deer if deer

 8  hunting is regulated by permit in an area designated by the

 9  department as a managed waterfowl area, without an annual or

10  daily managed waterfowl area permit and any other license or

11  permit required by this part. The fee for a daily managed

12  waterfowl area permit is $4.00. The fee for an annual managed

13  waterfowl area permit is $13.00.

14        (5) Following a lottery among applicants for hunting

15  privileges in managed waterfowl areas, only those successful

16  applicants who accept the hunting privileges are required to

17  purchase a daily or annual managed waterfowl area permit.

18        (6) From the  fees  fee collected for  a  each waterfowl

19  hunting license, $3.50  from each license sold shall be used to

20  acquire wetlands and other lands to be managed for the benefit of

21  waterfowl.

22        (7) The following amounts from the  fees  fee collected for

23  each annual or daily managed waterfowl area permit sold shall be

24  used to operate, maintain, and develop managed waterfowl areas in

25  this state:

26      (a) Daily managed waterfowl area permit........... $ 3.00.

1       (b) Annual managed waterfowl area permit.......... $10.00.

 2        (8) The department shall charge a nonrefundable application

 3  fee not to exceed $4.00 for each person who applies for a permit

 4  to hunt in a managed waterfowl area.

 5        Sec. 43525a. (1) The department shall issue a combination

 6  deer license that authorizes a person to hunt deer both during

 7  the firearm deer seasons and the bow and arrow seasons, in

 8  compliance with the rules established for the respective deer

 9  hunting season. A combination deer license shall authorize the

10  holder to take 2 deer in compliance with orders issued under part

11  401.

12        (2) The fee for a resident combination deer license is the

13  total of the resident firearm deer license fee plus the resident

14  bow and arrow deer license fee. The fee for a nonresident

15  combination deer license is the total of the nonresident firearm

16  deer license fee plus the nonresident bow and arrow deer license

17  fee.  The  However, the fee for a combination deer license for a

18  resident or nonresident  who is 12 years of age through 16 years

19  of age  minor child shall be discounted 50% from the cost of the

20  resident combination deer license.

21        (3)  When  If advisable in managing deer, an order under

22  part 401 may designate the kind of deer that may be taken and the

23  geographic area in which any license issued under this section is

24  valid.

25        (4) The department may issue kill tags with or as part of

26  each combination deer license. Each kill tag shall bear the

 1  license number. A kill tag may also include space for other

 2  pertinent information required by the department. A kill tag, if

 3  issued, is part of the license and shall not be used more than 1

 4  time.

 5        (5) The combination deer license shall count as 2 licenses

 6  for the purposes of license fees under section 43536a,

 7  discounting under subsection 43521(c), and transmittal, deposit,

 8  and use of fees under sections 43554 and 43555.

 9        (6) A senior citizen may obtain a senior combination deer

10  license. The fee for a senior combination deer license shall be

11  discounted at the same rate as provided in section 43535.

12        (7) A combination deer license issued to a person less than

13  14  12 years of age is valid only for taking deer with a bow and

14  arrow, until the person is  14  12 years of age or older.

15        (8) Notwithstanding any other provision of this part, except

16  for replacing lost or destroyed licenses, a person shall not

17  apply for, obtain, or purchase any combination of firearm deer

18  licenses, bow and arrow deer licenses, and combination deer

19  licenses that would authorize the taking of more than 2 deer.

20        Sec. 43527. (1) A person shall not hunt deer with a bow and

21  arrow or crossbow during the bow and arrow deer season without a

22  bow and arrow deer license. The fee for a  resident bow and arrow

23  deer license is $13.00. Beginning in 1999, the fee for a resident

24  bow and arrow deer license is $14.00. Beginning in 2001, the fee

25  for a resident bow and arrow deer license is $15.00. The fee for

26  a resident or nonresident  who is 12 years of age through 16

27  years of age  minor child for a bow and arrow deer license shall

 1  be discounted 50% from the cost of the resident bow and arrow

 2  deer license. The fee for a  nonresident bow and arrow deer

 3  license is $120.00. Beginning in 1999, the fee for a nonresident

 4  bow and arrow deer license is $129.00. Beginning in 2001, the fee

 5  for a nonresident bow and arrow deer license is $138.00.

 6        (2) Where authorized by the department, a person may

 7  purchase a second bow and arrow deer license in 1 season for the

 8  fee assessed under  this subsection (1) for the bow and arrow

 9  deer license for which that person is eligible. However, a senior

10  license discount is not available for the purchase of a second

11  bow and arrow deer license. The department may issue orders under

12  part 401 designating the kind of deer  which  that may be taken

13  and the geographic area in which any license issued under this

14  section is valid,  when  if advisable in managing deer.

15  (3)  (2) The department may issue a kill tag with, or as a

16  part of, each bow and arrow deer license. Section 43526(2)

17  applies with respect to a bow and arrow deer license.

18        Sec. 43553. (1) The department shall transmit all money

19  received from the sale of licenses to the state treasurer,

20  together with a statement indicating the amount of money received

21  and the source of the money.

22        (2) The game and fish protection fund formerly created by

23  this section as a separate fund in the state treasury shall

24  continue unless all the money in that fund is transferred to the

25  game and fish protection account as a result of House Joint

26  Resolution Z of the 92nd Legislature becoming part of the state

27  constitution of 1963 as provided in section 1 of article XII of

 1  the state constitution of 1963 and 2004 PA 587 taking effect.

 2  Except as provided in section 43555 and subsection (5), the state

 3  treasurer shall credit the money received from the sale of

 4  passbooks and licenses to the game and fish protection fund. 

 5  However, if House Joint Resolution Z of the 92nd Legislature

 6  becomes a part of the state constitution of 1963 as provided in

 7  section 1 of article XII of the state constitution of 1963, the

 8  state treasurer shall credit that money to the game and fish

 9  protection account.

10        (3) Except as provided in sections 43524, 43525, and 43554

11  and subsection (4), money credited to the game and fish

12  protection fund or the game and fish protection account shall be

13  paid out by the state treasurer pursuant to the accounting laws

14  of this state for the following purposes:

15        (a) Services rendered by the department, together with the

16  expenses incurred in the enforcement and administration of the

17  wildlife and fisheries laws of the state, including the necessary

18  equipment and apparatus incident to the operation and enforcement

19  of the  wildlife and fisheries laws, and the protection,

20  propagation, distribution, and control of wildlife and fish.

21        (b) The propagation and liberation of wildlife or fish and

22  for their increase at the time, place, and manner as the

23  department considers advisable.

24        (c) The purchase, lease, and management of lands, together

25  with the necessary equipment for the purpose of propagating and

26  rearing wildlife or fish, and for establishing and maintaining

27  game refuges, wildlife sanctuaries, and public shooting and

 1  fishing grounds.

 2        (d) Conducting investigations and compiling and publishing

 3  information relative to the propagation, protection, and

 4  conservation of wildlife.

 5        (e) Delivering lectures, developing cooperation, and

 6  carrying on appropriate educational activities relating to the

 7  conservation of the wildlife of this state.

 8        (4) The department may make direct grants to colleges and

 9  universities in this state, out of funds appropriated from the

10  game and fish protection fund or the game and fish protection

11  account, to conduct fish or wildlife research or both fish and

12  wildlife research.

13        (5) The youth hunting and fishing education and outreach

14  fund is created as a separate fund in the department of treasury.

15  The state treasurer shall credit to the youth hunting and fishing

16  education and outreach fund the money received from the sale of

17  small game licenses and all-species fishing licenses under

18  sections 43523 and 43532, respectively, to  persons who are under

19  17 years of age  minor children. Money in the youth hunting and

20  fishing education and outreach fund at the close of the fiscal

21  year shall remain in the fund and shall not lapse to the general

22  fund.

23        (6) Money credited to the youth hunting and fishing

24  education and outreach fund shall be paid out by the state

25  treasurer pursuant to the accounting laws of this state for

26  hunting and fishing education and outreach programs for  youth

27  under 17 years of age  minor children.

 1        (7) The department and any other executive department of the

 2  state that receives money from the game and fish protection fund

 3  or game and fish protection account or the youth hunting and

 4  fishing education and outreach fund shall submit an annual report

 5  to the legislature showing the amount of money received by the

 6  department or other executive department from the game and fish

 7  protection fund or game and fish protection account or the youth

 8  hunting and fishing education and outreach fund and how that

 9  money was spent. An executive department required to submit a

10  report as provided in this subsection shall send a copy of the

11  report to the legislature and to the department.