HB-4071, As Passed Senate, September 7, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4071

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by amending the title, as amended by

1996 PA 434, and by adding section 43540a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to protect the environment and natural resources of the

state; to codify, revise, consolidate, and classify laws relating

to the environment and natural resources of the state; to regulate

the discharge of certain substances into the environment; to

regulate the use of certain lands, waters, and other natural

resources of the state; to prescribe the powers and duties of

certain state and local agencies and officials; to provide for

certain charges, fees,  and  assessments, and donations; to provide

certain appropriations; to prescribe penalties and provide

remedies;  to repeal certain parts of this act on a specific date;

and to repeal  certain  acts and parts of acts.

Sec. 43540a. (1) Subject to subsection (4), by January 1,

2007, the department shall implement a program to distribute wild

game to people in need. The program shall be known as the sportsmen

against hunger program.

     (2) Under the program, the department shall do all of the

following:

     (a) Collect donations of legally taken game that complies with

all state and federal game laws, including any requirement that the

parts of the game be intact.

     (b) Contract for processing the donated game.

     (c) Distribute the processed game to food banks, soup

kitchens, and other charitable organizations that provide meals or

food to people free of charge.

     (d) Promote the program through the license distribution

system and other means that will further the mission of the

program.

     (3) Under the program, the department may request financial

donations to offset the cost of processing donated game. The

financial donations are tax deductible.

     (4) The department may contract for the administration of the

program by a nonprofit organization that is exempt from taxation

under section 501(c)(3) of the internal revenue code, 26 USC 501,

if the department determines that it is more efficient to do so.

Subject to section 43540c(9), payments under the contract shall be

adequate to cover the nonprofit organization's costs in

administering the program. Before entering such a contract, the

department shall issue a request for proposals. If the request for

proposals does not yield a bid that meets the requirements of this

section, both of the following apply:

     (a) The department is not required to implement the sportsmen

against hunger program.

     (b) The department shall, within 30 days, submit a report to

the standing committees of the senate and house of representatives

with primary responsibility for hunting issues. The report, as

applicable, shall explain that no bids were received or shall

specify why each bid received was unacceptable. The report shall

also indicate whether the department intends to implement the

sportsmen against hunger program.

     (5) To qualify to enter a contract under subsection (4), a

nonprofit organization must have demonstrated a commitment to the

goals of the program and have at least 5 years of experience in

providing wild game or other food to people free of charge. The

contract shall require that the contracting nonprofit organization

do all of the following:

     (a) Maintain a license under the charitable organizations and

solicitations act, 1975 PA 169, MCL 400.271 to 400.294.

     (b) Maintain adequate staff to perform the tasks outlined in

the contract.

     (c) Annually undergo an independent financial audit and

provide the audit information and report to all of the following:

     (i) The department.

     (ii) The subcommittee of the senate appropriations committee

and the subcommittee of the house of representatives appropriations

committee with responsibility for the budget of the department.

     (iii) The committees of the senate and house of representatives

with primary responsibility for natural resources issues.

     (6) As used in this section, "program" means the sportsmen

against hunger program created under subsection (1).

Enacting section 1.  This amendatory act does not take effect

unless House Bill No. 4145 of the 93rd Legislature is enacted into

law.