FOIA; GAME LOCATION                                                                               H.B. 4050:

                                                                              SUMMARY OF HOUSE-PASSED BILL

                                                                                                         IN COMMITTEE

House Bill 4050 (as passed by the House)

Sponsor:  Representative John Cherry

House Committee:  Natural Resources and Outdoor Recreation

Senate Committee:  Natural Resources

Date Completed:  5-18-21

CONTENT

The bill would amend the Freedom of Information Act to exempt records or information that would reveal the specific location or global positioning system (GPS) coordinates of game from disclosure as a public record.

Section 13 of the Freedom of Information Act allows a public body to exempt specified information from disclosure as a public record. The bill would allow a public body to exempt from disclosure records or information that would reveal the specific location or GPS coordinates of game, including records or information of the specific location or GPS coordinates of game obtained by the Department of Natural Resources during a restoration, management, or research project conducted under Section 40501 of the Natural Resources and Environmental Protection Act (NREPA), or in connection with the expenditure of money under Section 43553 of NREPA (which provides for the disposition of money received from the sale of passbooks and licenses). (Section 40501 requires the DNR to perform those acts that may be necessary to conduct and establish wildlife restoration, management, and research projects in cooperation with the Federal government under the Pittman-Robertson Wildlife Restoration Act (which itself requires funds accruing to Michigan from license fees paid by hunters to be used only for game and fishing activities)).

"Game" would mean that term as defined in Section 40103 of NREPA: any species of wildlife designated by the Legislature or the Natural Resources Commission as game under Section 40110 and any of the following animals, but does not include privately owned cervidae species located on a cervidae livestock facility registered under the Privately Owned Cerivdae Producers Marketing Act:

-- Badger.

-- Bear.

-- Beaver.

-- Bobcat.

-- Brant.

-- Coot.

-- Coyote.

-- Crow.

-- Deer.

-- Duck.

-- Elk.

-- Fisher.

-- Florida gallinule.

-- Fox.

-- Geese.

-- Hare.

-- Hungarian partridge.

-- Marten.

-- Mink.

-- Moose.

-- Muskrat.

-- Opossum.

-- Otter.

-- Pheasant.

-- Quail.

-- Rabbit.

-- Raccoon.

-- Ruffed grouse.

-- Sharptailed grouse.

-- Skunk.

-- Snipe.

-- Sora rail.

-- Squirrel.

-- Virginia rail.

-- Weasel.

-- Wild turkey.

-- Wolf.

-- Woodchuck.

-- Woodcock.

MCL 15.243                                                                Legislative Analyst:  Dana Adams

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                       Fiscal Analyst:  Ben Dawson

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.