SB-0016, As Passed Senate, February 14, 2013

SENATE BILL No. 16

January 16, 2013, Introduced by Senator WALKER and referred to the Committee on Outdoor Recreation and Tourism.

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 43559 (MCL 324.43559), as amended by 1998 PA

95, and by adding section 1616.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1616. (1) The department shall enforce the compact and

shall do all things within the department's jurisdiction that are

appropriate in order to effectuate the purposes and the intent of

the compact.

     (2) On behalf of this state, the department may do either of

the following:

     (a) Withdraw from the compact under article VIII of the

compact.

     (b) Adopt amendments to the compact under article IX of the

compact.

     (3) Pursuant to article IV(a) of the compact, if the

department receives notice from the licensing authority of an

issuing state that a resident of this state has failed to comply

with the terms of a citation, the department shall suspend the

license privileges of the resident.

     (4) Pursuant to article IV(b) of the compact, if the

department receives notice of conviction of a resident of this

state from the licensing authority of an issuing state, the

department shall suspend the license privileges of the resident if

the conviction would have resulted in mandatory suspension of the

license had it occurred in this state. The department may suspend

the license privileges if the conviction could have resulted in

discretionary suspension of the license had the conviction occurred

in this state.

     (5) Pursuant to article V(a) of the compact, if the department

receives notice of the suspension of any person's license

privileges by a participating state, the department shall determine

whether the violation leading to the suspension would have led to

the suspension of license privileges under this state's law in

accordance with the compact manual. If the department determines

that the person's license privileges would have been suspended, the

department may suspend the person's license privileges for the same

period as imposed by the participating state, but not to exceed the

maximum period allowed by the law of this state.

     (6) If the department suspends a person's license privileges

pursuant to the compact, the department shall provide the person

with an opportunity for an evidentiary hearing under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328, limited to the following grounds:

     (a) Whether, under article IV(a) of the compact, the person

failed to comply with the terms of a citation in another

participating state.

     (b) Whether, under article IV(b) of the compact, there was a

conviction in another participating state and the conviction would

have led to the suspension of license privileges under this state's

law, the conviction is on appeal in the participating state, or the

alleged violator is not the proper party.

     (c) Whether, under article V of the compact, a participating

state suspended the person's license privileges and the violation

leading to the suspension would have led to the forfeiture of

privileges under this state's law, the conviction is on appeal in

the participating state, or the alleged violator is not the proper

party.

     (7) An evidentiary hearing shall be requested within 20 days

after the department sends the person notice of the suspension. The

person shall surrender to the department any licenses issued under

part 435 to the person within 10 days after notice of the

suspension is sent. The department shall, by first-class mail, send

to any resident of this state at his or her last known address

notice of the suspension, of the opportunity for an evidentiary

hearing, and of the obligation to surrender licenses.

     (8) A person who fails to surrender a license under subsection

(7) is guilty of a misdemeanor punishable by imprisonment for not

more than 90 days or a fine of not less than $25.00 or more than

$250.00, or both.

     (9) As used in this section, "compact" means the interstate

wildlife violator compact provided for in section 1615. If a term

defined in article II of the compact is used in this section, the

definitions in article II of the compact apply to that term as used

in this section.

     Sec. 43559. (1) If a person is convicted of violating this

part, or another law relative to hunting, fishing, or trapping that

does not otherwise require the revocation of, or prohibit the

securing of, 1 or more licenses, the court may order the revocation

of 1 or more of the person's licenses and may by order provide that

the person shall not secure 1 or more licenses for not less than

the remainder of the year in which convicted and during the next

succeeding year, or longer in the discretion of the court.

     (2) The department shall comply with a suspension order issued

as provided in the support and parenting time enforcement act, 1982

PA 295, MCL 552.601 to 552.650, within 7 days after receipt of the

suspension order.

     (3) An order rescinding a suspension order issued under the

support and parenting time enforcement act, 1982 PA 295, MCL

552.601 to 552.650, is effective upon its entry by the court and

purchase by the licensee of a replacement license.

     (4) If a person is charged with, or convicted of, a violation

of this part, or another law relative to hunting, fishing, or

trapping, and the person fails to answer a citation or a notice to

appear in court, or for any matter pending, or fails to comply with

an order or judgment of the court, the court shall immediately give

notice by first-class mail sent to the person's last known address

that if the person fails to appear within 7 days after the notice

is issued, or fails to comply with the order or judgment of the

court within 14 days after the notice is issued, the department

shall suspend the person's hunting, fishing, and trapping licenses.

If the person fails to appear within the 7-day period, or fails to

comply with the order or judgment of the court within the 14-day

period, the court shall immediately inform the department. The

department shall immediately suspend the person's hunting, fishing,

and trapping licenses and notify the person of the suspension by

first-class mail sent to the person's last known address.