HB-4225, As Passed House, December 2, 2003
SUBSTITUTE FOR
HOUSE BILL NO. 4225
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 43520, 43523, 43525a, 43527, 43531, and
43553 (MCL 324.43520, 324.43523, 324.43525a, 324.43527,
324.43531, and 324.43553), section 43520 as added by 1995 PA 57,
sections 43523, 43527, 43531, and 43553 as amended by 1996
PA 585, and section 43525a as added by 1998 PA 291.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 43520. (1) Subject to other requirements of this part,
2 the department may issue a hunting license to a minor child
3 subject to both of the following conditions:
4 (a) On application of a parent or legal guardian of the minor
5 child, if the minor child, when hunting on lands upon which the
6 minor child's parents are not regularly domiciled, is accompanied
7 by the parent or guardian or another person authorized by the
1 parent or guardian who is 17 years of age or older.
2 (b) Payment of the license fee.
3 (2) A license to
hunt deer, bear, or elk with a firearm
4 shall not be issued to
a person who is less than 14 years of
5 age.
6 (2) (3) A Notwithstanding
any other provision of this part,
7 a license to hunt shall
not be issued to a person who is less
8 than 12 years of age unless the person is at least 12 years of
9 age or will become 12 years of age in the calendar year in which
10 the license is issued.
11 (3) (4) A
person authorized to sell hunting licenses shall
12 not issue a hunting license to a person born after January 1,
13 1960, unless the person presents proof of previous hunting
14 experience in the form of a hunting license issued by this state,
15 another state, a province of Canada, or another country or a
16 certification of completion of training in hunter safety issued
17 to the person by this state, another state, a province of Canada,
18 or another country. If an applicant for a hunting license does
19 not have proof of a previous license or a certification of
20 completion of training in hunter safety, a person authorized to
21 sell hunting licenses may issue a hunting license if the
22 applicant submits a
signed affidavit stating that they have he
23 or she has completed a
course in hunter safety or that they
24 have has possessed a hunting license previously.
The person
25 selling a hunting license shall record as specified by the
26 department the form of proof of the previous hunting experience
27 or certification of completion of hunter safety training
1 presented by the applicant.
2 Sec. 43523. (1) Except as otherwise provided in this part,
3 a person shall not hunt small game without a current small game
4 license. Each small game license authorizes the person named in
5 the license to hunt for small game except for animals or birds
6 that require a special
license. The fee for a resident small
7 game license is
$13.00. Beginning in 1999, the fee for a
8 resident small game
license is $14.00. Beginning in 2001
9 Subject to section 43522a, the fee for a resident small game
10 license is $15.00. If authorized in an order issued under
11 part 401, a resident possessing a current small game license may
12 take specified fur-bearing animals by means other than trapping
13 during the open season for hunting these fur-bearing animals.
14 The fee for a resident
or nonresident who is 12 years of age
15 through 16 years of
age for a small game license for
a minor
16 child, whether or not the minor child is a resident, is $1.00.
17 The fee for a
nonresident small game license is $60.00.
18 Beginning in 1999, the
fee for a nonresident small game license
19 is $65.00. Beginning
in 2001 Subject to section 43522a,
the fee
20 for a nonresident small game license is $69.00.
21 (2) A nonresident may purchase a limited nonresident small
22 game license entitling that person to hunt for a 3-day period all
23 species of small game
that are available lawful to hunt under a
24 nonresident small game
license. The fee for a limited
25 nonresident small game
license is $26.00. Beginning in 1999, the
26 fee for a limited
nonresident small game license is $28.00.
27 Beginning in 2001 Subject to section 43522a, the fee for a
1 limited nonresident small game license is $30.00.
2 (3) A small game license is void between the hours of 1/2
3 hour after sunset and 1/2 hour before sunrise.
4 Sec. 43525a. (1) The department shall issue a combination
5 deer license that authorizes a person to hunt deer both during
6 the firearm deer seasons and the bow and arrow seasons, in
7 compliance with the rules established for the respective deer
8 hunting season. A combination deer license shall authorize the
9 holder to take 2 deer in compliance with orders issued under part
10 401.
11 (2) The fee for a resident combination deer license is the
12 total of the resident firearm deer license fee plus the resident
13 bow and arrow deer license fee. The fee for a nonresident
14 combination deer license is the total of the nonresident firearm
15 deer license fee plus the nonresident bow and arrow deer license
16 fee. The fee for a
combination deer license for a resident or
17 nonresident who is 12
years of age through 16 years of age minor
18 child, whether or not the minor child is a resident, shall be
19 discounted 50% from the cost of the resident combination deer
20 license.
21 (3) When advisable in managing deer, an order under part 401
22 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
27 include the license number. A kill tag may also include space
1 for other pertinent information required by the department. A
2 kill tag, if issued, is part of the license and shall not be used
3 more than 1 time.
4 (5) The combination deer license shall count as 2 licenses
5 for the purposes of license fees under section 43536a,
6 discounting under
subsection 43521(c) a
sportsperson discount
7 under section 43521, and transmittal, deposit, and use of fees
8 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 years of age is
valid only for taking deer with a bow and
14 arrow, until the
person is 14 years of age or older.
15 (7) (8) Notwithstanding
any other provision of this part,
16 except for replacing lost or destroyed licenses, a person shall
17 not apply for, obtain, or purchase any combination of firearm
18 deer 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
23 arrow deer license is
$13.00. Beginning in 1999, the fee for a
24 resident bow and arrow
deer license is $14.00. Beginning in
25 2001 Subject to section 43522a, the fee for a
resident bow and
26 arrow deer license is
$15.00. The fee for a resident or
27 nonresident who is 12
years of age through 16 years of age for
a
1 bow and arrow deer license for a minor child, whether or not the
2 minor child is a resident, shall be discounted 50% from the cost
3 of the resident bow and
arrow deer license. The fee for a
4 nonresident bow and
arrow deer license is $120.00. Beginning in
5 1999, the fee for a
nonresident bow and arrow deer license is
6 $129.00. Beginning in
2001 Subject to section 43522a,
the fee
7 for a nonresident bow and arrow deer license is $138.00. Where
8 authorized by the department, a person may purchase a second bow
9 and arrow deer license in 1 season for the fee assessed under
10 this subsection for the bow and arrow deer license for which that
11 person is eligible. However, a senior license discount is not
12 available for the purchase of a second bow and arrow deer
13 license.
14 (2) The department may issue orders under part 401
15 designating the kind of deer which may be taken and the
16 geographic area in which any license issued under this section is
17 valid, when advisable in managing deer.
18 (3) (2) The
department may issue a kill tag with, or as a
19 part of, each bow and arrow deer license. Section 43526(2)
20 applies with respect to
a bow and arrow deer license.
21 Sec. 43531. (1) Except as otherwise provided in section
22 43523(1), a person shall not trap or hunt fur-bearing animals
23 without purchasing and possessing a fur harvester's license.
24 The fee for a
resident fur harvester's license is $13.00.
25 Beginning in 1999, the
fee for a resident fur harvester's license
26 is $14.00. Beginning
in 2001 Subject to section 43522a,
the fee
27 for a resident fur
harvester's license is $15.00. The fee for a
1 resident or
nonresident who is 12 years of age through 16 years
2 of age for a fur harvester's license for a minor child,
whether
3 or not the minor child is a resident, shall be discounted 50%
4 from the cost of the resident fur harvester's license.
5 (2) The department may issue a nonresident fur harvester's
6 license to a nonresident of this state if the state, province, or
7 country in which the nonresident applicant resides allows
8 residents of this state to obtain equivalent hunting and trapping
9 privileges in that state, province, or country. The fee for an
10 eligible nonresident fur harvester's license is $150.00.
11 Nonresident fur harvester's licenses shall not be sold or
12 purchased prior to November 15 of each year.
13 (3) A person who holds a fur harvester's license may hunt
14 fur-bearing animals during the season open to taking fur-bearing
15 animals with firearms and may trap fur-bearing animals during the
16 season open to trapping fur-bearing animals.
17 Sec. 43553. (1) Except
as provided in sections 43555 and
18 43556, the The department shall transmit all money
received from
19 the sale of licenses to the state treasurer, together with a
20 statement indicating the amount of money received and the source
21 of the money.
22 (2) The game and fish protection fund is created as a
23 separate fund in the department
of state treasury. Except as
24 provided in subsection (5) and section 43555, the state treasurer
25 shall credit the money received from the sale of passbooks and
26 licenses to the game and fish protection fund.
27 (3) Except as
provided in sections 43524, 43525, 43531, and
1 43554 , and 43556 and
subsection (4), money credited to the
2 game and fish protection fund shall be paid out by the state
3 treasurer pursuant to the accounting laws of this state for the
4 following purposes:
5 (a) Services rendered by the department, together with the
6 expenses incurred in the enforcement and administration of the
7 game, fish, and fur laws of the state, including the necessary
8 equipment and apparatus incident to the operation and enforcement
9 of the game, fish, and fur laws, and the protection, propagation,
10 distribution, and control of game, fish, birds, fur-bearing
11 animals, and other
wildlife. forms.
12 (b) The propagation and liberation of game, fur-bearing
13 animals, birds, or fish and for their increase at the time,
14 place, and manner as the department considers advisable.
15 (c) The purchase,
lease, and management of lands , together
16 with the necessary and equipment for the purpose of propagating
17 and rearing game, fur-bearing animals, birds, or fish, and for
18 establishing and maintaining game refuges, wildlife sanctuaries,
19 and public shooting and fishing grounds.
20 (d) Conducting investigations and compiling and publishing
21 information relative to the propagation, protection, and
22 conservation of wildlife.
23 (e) Delivering lectures, developing cooperation, and carrying
24 on appropriate educational activities relating to the
25 conservation of the wildlife of this state.
26 (4) The department may make direct grants to colleges and
27 universities in this state, out of funds appropriated from the
1 game and fish protection fund, to conduct fish or wildlife
2 research or both fish and wildlife research.
3 (5) The youth hunting and fishing education and outreach fund
4 is created as a separate fund in the department of treasury. The
5 state treasurer shall credit to the youth hunting and fishing
6 education and outreach fund the money received from the sale of
7 small game licenses and all-species fishing licenses under
8 sections 43523 and 43532,
respectively, to persons who are 12
9 years of age through
16 years of age minor children.
Money in
10 the youth hunting and fishing education and outreach fund at the
11 close of the fiscal year shall remain in the fund and shall not
12 lapse to the general fund.
13 (6) Money credited to the youth hunting and fishing education
14 and outreach fund shall be paid out by the state treasurer
15 pursuant to the accounting laws of this state for hunting and
16 fishing education and
outreach programs for youth through 16
17 years of age minor children.
18 (7) The department and any other executive department of the
19 state that receives money from the game and fish protection fund
20 or the youth hunting and fishing education and outreach fund
21 shall submit an annual report to the legislature showing the
22 amount of money received by the department or other executive
23 department from the game and fish protection fund or the youth
24 hunting and fishing education and outreach fund and how that
25 money was spent. An executive department required to submit a
26 report as provided in this subsection shall send a copy of the
27 report to the legislature and to the department.