INCREASE PENALTIES FOR IMPROPER

IMPORTATION OF DEER OR ELK CARCASS

House Bill 5146 (proposed H-1 substitute)

Sponsor:  Rep. John Kivela

Committee:  Natural Resources

Complete to 2-22-16

SUMMARY:

House Bill 5146 would amend Section 40118 of the Natural Resources and Environmental Protection Act (NREPA) to increase the penalty for improper importation of deer or elk carcasses from a state or province detected to have chronic wasting disease in free-ranging deer or elk.

Presently, the act says any violation of Part 401, or an order or interim order issued under Part 401, is a misdemeanor punishable by not more than 90 days imprisonment and/or a fine of at least $50 but not more than $500, plus the costs of prosecution. Section 40118, however, contains several instances where specific violations result in a penalty differing from that default penalty.  The bill would add a new violation to that list.

Under House Bill 5146, importing deer or elk carcasses from a state or province detected to have chronic wasting disease in free-ranging deer or elk populations in violation of an order or interim order would be a misdemeanor punishable by imprisonment for not more than 90 days, and/or a fine of not less than $500 nor more than $2,000, plus the costs of prosecution.

FISCAL IMPACT:

Any increase in penal fine revenues would increase funding for local libraries, which are the constitutionally designated recipients of those revenues.

                                                                                        Legislative Analyst:   Josh Roesner

                                                                                                Fiscal Analyst:   Austin Scott

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.