October 12, 2005, Introduced by Reps. Brown, Adamini and Lemmons, III and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 2010 and 43553 (MCL 324.2010 and 324.43553),
section 2010 as added by 2004 PA 587 and section 43553 as amended
by 1996 PA 585, and by adding part 407 and section 43553a; and to
repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2010. (1) The game and fish protection account is
established as an account within the legacy fund.
(2)
The game and fish protection account shall consist of
both
all of the following:
(a) All money in the game and fish protection fund and the
youth hunting and fishing education and outreach fund, formerly
created in section 43553, immediately prior to the effective date
of the amendatory act that added this section, which money is
hereby transferred to the game and fish protection account.
(b) All money in the wildlife damage fund, which, together
with all money in that fund immediately prior to the effective date
of this section, is transferred to the game and fish protection
account as a subaccount to be managed subject to the requirements
of section 40709.
(c)
(b) Revenue
from the following sources:
(i) Revenue derived from hunting and fishing licenses,
passbooks, permits, fees, concessions, leases, contracts, and
activities.
(ii) Damages paid for the illegal taking of game and fish.
(iii) Revenue derived from fees, licenses, and permits related
to game, game areas, and game fish.
(iv) Other revenues as authorized by law.
(3) Money in the game and fish protection account shall be
expended,
upon appropriation, only as provided in
part parts 407
and 435 and for the administration of the game and fish protection
account, which may include payments in lieu of taxes on state owned
land purchased through the game and fish protection account or
through the former game and fish protection fund.
(4) Money in the game and fish protection account may be
expended pursuant to subsection (3) for grants to state colleges
and universities to implement programs funded by the game and fish
protection account.
PART 407 WILDLIFE DAMAGE CLAIMS
Sec. 40701. As used in this part:
(a) "Agricultural commodity" means any of the following:
(i) Commercial seedings or crops growing on land used for
agriculture.
(ii) Crops that have been harvested for sale or use from land
used for agriculture but that have not been removed from the land
where harvested.
(iii) Orchard trees or nursery stock.
(iv) Apiaries.
(v) Livestock.
(b) "Agricultural commodity owner" means an owner, lessee, or
person who controls land where the seedings, crops, orchard trees,
or nursery stock referred to in subdivision (a)(i) to (iii) are
located or the owner of the apiaries or livestock referred to in
subdivision (a)(iv) or (v).
(c) "Fund" means the wildlife damage fund created under
section 40709.
(d) "Generally accepted agricultural and management practices"
means that term as defined in section 2 of the Michigan right to
farm act, 1981 PA 93, MCL 286.472.
(e) "Wildlife damage" means damage caused by any of the
following noncaptive wild animals:
(i) Deer.
(ii) Bear.
(iii) Geese.
(iv) Turkey.
(v) Sandhill cranes, if sandhill cranes are classified as game
under part 401.
Sec. 40703. Subject to the requirements of this part, the
department shall implement a program to do all of the following:
(a) Recommend to agricultural commodity owners measures to
prevent wildlife damage to agricultural commodities.
(b) Reimburse agricultural commodity owners for the costs of
implementing measures described in subdivision (a).
(c) Compensate agricultural commodity owners for wildlife
damage to agricultural commodities.
Sec. 40705. (1) An agricultural commodity owner may file with
the department a request that the department make recommendations
on, and a commitment to provide reimbursement for, measures to
prevent wildlife damage to the agricultural commodity. The
agricultural commodity owner shall file the request on a form
provided by the department.
(2) The department shall review each request filed under
subsection (1). If the department determines that wildlife damage
to an agricultural commodity is occurring or likely to occur and
that any other requirements set forth in rules adopted under this
part are satisfied, the department shall recommend wildlife damage
prevention measures to the agricultural commodity owner and may
make a commitment to the agricultural commodity owner to provide
reimbursement for those measures if they are implemented.
(3) The department shall recommend under subsection (2) only
wildlife damage prevention measures that are all of the following:
(a) Authorized in rules adopted under this part.
(b) Appropriate for the type of wildlife damage, type of
agricultural commodity, and other circumstances.
(c) Cost-effective in relation to the wildlife damage claims
that would likely be paid under this part if the wildlife damage
prevention measures were not recommended and implemented.
Sec. 40707. (1) Within 14 days after first sustaining wildlife
damage to an agricultural commodity, the agricultural commodity
owner may file with the department a claim for compensation for
wildlife damage to the agricultural commodity. The agricultural
commodity owner shall file the claim on a form provided by the
department.
(2) The department shall investigate every claim filed under
subsection (1) and determine the dollar amount of wildlife damage
that occurred. Subject to subsection (3) and section 40709(5), the
department shall pay the agricultural commodity owner the dollar
amount of wildlife damage if all of the following apply:
(a) The owner requested and implemented recommendations for
wildlife damage prevention measures for the agricultural commodity
under section 40705.
(b) The agricultural commodity owner managed the agricultural
commodity in a manner consistent with generally accepted
agricultural and management practices.
(c) Any other requirements set forth in rules adopted under
this part are satisfied.
(3) The department shall determine the amount to be paid for a
claim under subsection (1) as follows:
(a) If the amount of the claim is $250.00 or less, nothing
shall be paid.
(b) If the amount of the claim is more than $250.00 but not
more than $5,250.00, the amount paid shall be 100% of the amount of
the claim that exceeds $250.00.
(c) If the amount of the claim is more than $5,250.00, the
amount paid shall be $5,000.00, plus 80% of the amount of the claim
that exceeds $5,250.00, but not more than a total of $15,000.00 for
each claim.
(4) The department shall pay compensation for wildlife damage
under subsection (2) by June 1 of the year after the year in which
the claim was filed.
Sec. 40709. (1) The wildlife damage fund is created within the
state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. Fifteen percent of the
revenue from all bear hunting licenses issued under part 435 shall
be deposited in the fund.
(3) The state treasurer shall direct the investment of the
fund. The state treasurer shall credit to the fund interest and
earnings from fund investments.
(4) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(5) The department shall expend money from the fund, upon
appropriation, only for the following purposes:
(a) The costs of administering this part.
(b) Reimbursement for wildlife damage prevention measures
under section 40705.
(c) Compensation for wildlife damage under section 40707.
Payments under this subdivision shall be made from the unexpended
balance of the appropriation from the fund remaining after paying
costs and making reimbursements under subdivisions (a) and (b). If
the unexpended balance of the appropriation is not sufficient to
pay the full amount required under section 40707(2) and (3), the
department shall compensate claimants on a prorated basis.
Sec. 40711. (1) Subject to subsections (2) and (3), a person
who receives reimbursement for a wildlife damage prevention measure
or compensation for a wildlife damage claim under this part and any
other person who owns, leases, or controls the land on which was
located the agricultural commodity that was the subject of the
wildlife damage prevention measure or the wildlife damage claim
shall permit hunting of the type of wildlife that is the focus of
the prevention measures or that caused the wildlife damage, during
the appropriate open season. Hunting shall be permitted on areas of
that land and contiguous land under the same ownership, lease, or
control determined by the department to be suitable for hunting.
(2) Hunting under subsection (1) is subject to all of the
following conditions:
(a) A hunter shall notify the landowner of his or her intent
to hunt on the land.
(b) A hunter shall not bring a motor vehicle onto the land
without the permission of the landowner.
(c) A hunter shall not use a hunting stand on the land without
the permission of the landowner.
(d) A landowner may deny a hunter access to the land for
reasonable cause, including, but not limited to, any of the
following:
(i) If the hunter hunts on the land, 3 or more hunters will be
present per 40 acres of the area determined under subsection (1) to
be suitable for hunting.
(ii) The hunter appears to be intoxicated or is unruly.
(iii) The hunter causes property damage.
(iv) The hunter violates any of the conditions under
subdivisions (a) to (c).
(3) The requirement to allow hunting under subsection (1) does
not apply if the agricultural commodity owner does not have
authority to control entry on the land for the purpose of hunting.
(4) A person who violates subsection (1) is not eligible for
reimbursement or compensation under this part for 10 years after
the day on which the refusal to permit hunting occurred. In
addition, the person is liable to the department for all of the
following:
(a) Repayment of any reimbursement received by that person
under this part for wildlife damage prevention measures implemented
on that land or on contiguous land under the same ownership, lease,
or control.
(b) Repayment of any compensation received under this part by
that person for wildlife damage on that land or on contiguous land
under the same ownership, lease, or control.
(c) Payment of the costs incurred by the department to review
and approve any reimbursement for wildlife damage prevention
measures described in subdivision (a) or compensation for wildlife
damage described in subdivision (b).
(d) Payment of costs incurred by the department to investigate
the failure to permit hunting on the land.
Sec. 40713. (1) An agricultural commodity owner who files a
request for reimbursement for wildlife damage prevention measures
or a claim for compensation for wildlife damage shall do both of
the following:
(a) Retain all records relating to the reimbursement or
compensation as required by the department and make them available
to the department for inspection at reasonable times.
(b) Allow representatives of the department to enter and
inspect, at reasonable times, any land for which the application or
claim was filed.
(2) The department, if requested, shall furnish to an
agricultural commodity owner described in subsection (1) a report
setting forth all of the factual findings by the department that
relate to an inspection under this section.
Sec. 40715. The department shall arrange for an annual audit
of any reimbursements for wildlife damage prevention measures and
compensation for wildlife damage paid under section 40705 or 40707,
respectively, to department officers and employees.
Sec. 40717. (1) A person who makes, or causes to be made, a
false statement or representation of a material fact in a request
for reimbursement for a wildlife damage prevention measure or in a
claim for compensation for wildlife damage is civilly liable for
both of the following:
(a) Repayment of any money paid by the department as
reimbursement for the wildlife damage prevention measure or
compensation for the wildlife damage.
(b) Payment of the costs for reviewing and approving the
application for reimbursement or claim for compensation and the
costs in investigating and determining that a false statement or
representation was made.
(2) A person who knowingly makes or causes to be made a false
statement or representation of material fact in a request for
reimbursement for a wildlife damage prevention measure or in a
claim for compensation for wildlife damage is guilty of a
misdemeanor. Upon conviction, the court shall prohibit the person
from receiving any reimbursement or compensation under this part
for 10 years beginning on the date of conviction. In addition, the
person may be punished by either or both of the following:
(a) Payment of a fine equal to 2 times the total amount of the
reimbursement or compensation received, plus an amount not to
exceed $1,000.00.
(b) Revocation of the person's hunting, fishing, or trapping
licenses if the person is licensed to hunt, fish, or trap in this
state, and a prohibition against seeking or possessing such a
license for the remainder of the calendar year in which the person
is convicted and for up to 3 succeeding calendar years.
(3) An owner of an agricultural commodity with respect to
which another person was convicted under subsection (2) is not
eligible for reimbursement or compensation under this part for 10
years beginning on the date of conviction.
Sec. 40719. The department shall promulgate rules to implement
this part. The rules shall address all of the following:
(a) Eligibility and funding requirements for reimbursement for
wildlife damage prevention measures and compensation for wildlife
damage that maximize the cost-effectiveness of the program under
this part.
(b) Authorized wildlife damage prevention measures and methods
for implementing those prevention measures.
(c) Procedures for processing and paying reimbursement for
wildlife damage prevention measures, including verification of the
costs and implementation of those measures.
(d) Procedures for processing and paying claims for
compensation for wildlife damage, including both of the following:
(i) Standards for determining the amount of wildlife damage.
(ii) A methodology for proration of compensation for wildlife
damage under section 40709.
(e) Procedures for inspections under section 40713.
(f) Any other matter necessary for the enforcement and
administration of this part.
Sec. 40721. (1) The department shall prepare an annual report
concerning wildlife damage and the program provided for by this
part. The report shall include at least a summary of each of the
following:
(a) All of the wildlife damage to apiaries believed to have
occurred in this state.
(b) The claims for compensation for wildlife damage that were
filed under this part.
(c) The wildlife damage prevention measures that were
recommended or implemented under this part.
(d) The percentage of the total number of claims for
compensation for wildlife damage that are rejected for failure to
meet the requirements of this part or rules promulgated under this
part.
(e) The percentage of the total number of claims for
compensation for wildlife damage for which the amount of the
payment to the claimant was prorated under section 40709.
(2) The department shall submit the report prepared under
subsection (1) by June 1 of each year to the standing committees of
the senate and house of representatives with primary responsibility
for legislation related to agriculture or wildlife conservation.
The first report shall be submitted by June 1, 2006. Each report
shall cover the 12-month period ending on the December 31 that
immediately precedes the date of the report.
Sec. 40723. The department shall issue guidelines under
chapter 2 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.221 to 24.228, to establish standards for tolerable
levels of damage caused by deer living in the wild to crops on
agricultural land, including commercial seedings, orchard trees,
and nursery stock. The department shall use the standards in
setting goals for managing the deer herd.
Sec.
43553. (1) Except as provided in sections 43555 and
43556,
the The department shall transmit all money received from
the sale of licenses to the state treasurer, together with a
statement indicating the amount of money received and the source of
the money.
(2) The game and fish protection fund is created as a separate
fund
in the department of state treasury. Except as provided in
subsection (5) and sections 40709 and 43555, the state treasurer
shall
credit the money received from the sale of passbooks and
licenses to the game and fish protection fund.
(3)
Except as provided in sections 43524, 43525, 43531, and
43554 ,
and 43556 and subsection (4), money credited to the game
and fish protection fund shall be paid out by the state treasurer
pursuant to the accounting laws of this state for the following
purposes:
(a) Services rendered by the department, together with the
expenses incurred in the enforcement and administration of the
game, fish, and fur laws of the state, including the necessary
equipment and apparatus incident to the operation and enforcement
of the game, fish, and fur laws, and the protection, propagation,
distribution, and control of game, fish, birds, fur-bearing
animals,
and other wildlife. forms.
(b) The propagation and liberation of game, fur-bearing
animals, birds, or fish and for their increase at the time, place,
and manner as the department considers advisable.
(c)
The purchase, lease, and management of lands , together
with
the necessary and
equipment for the purpose of propagating
and rearing game, fur-bearing animals, birds, or fish, and for
establishing and maintaining game refuges, wildlife sanctuaries,
and public shooting and fishing grounds.
(d) Conducting investigations and compiling and publishing
information relative to the propagation, protection, and
conservation of wildlife.
(e) Delivering lectures, developing cooperation, and carrying
on appropriate educational activities relating to the conservation
of the wildlife of this state.
(4) The department may make direct grants to colleges and
universities in this state, out of funds appropriated from the game
and fish protection fund, to conduct fish or wildlife research or
both fish and wildlife research.
(5) The youth hunting and fishing education and outreach fund
is created as a separate fund in the department of treasury. The
state treasurer shall credit to the youth hunting and fishing
education and outreach fund the money received from the sale of
small game licenses and all-species fishing licenses under sections
43523
and 43532, respectively, to persons who are 12 years of age
through
16 under 17 years of age. Money
in the youth hunting and
fishing education and outreach fund at the close of the fiscal year
shall remain in the fund and shall not lapse to the general fund.
(6) Money credited to the youth hunting and fishing education
and outreach fund shall be paid out by the state treasurer pursuant
to the accounting laws of this state for hunting and fishing
education
and outreach programs for youth through 16 under 17
years of age.
(7) The department and any other executive department of the
state that receives money from the game and fish protection fund or
the youth hunting and fishing education and outreach fund shall
submit an annual report to the legislature showing the amount of
money received by the department or other executive department from
the game and fish protection fund or the youth hunting and fishing
education and outreach fund and how that money was spent. An
executive department required to submit a report as provided in
this subsection shall send a copy of the report to the legislature
and to the department.
Sec. 43553a. (1) The department shall transmit all money
received from the sale of licenses to the state treasurer, together
with a statement indicating the amount of money received and the
source of the money.
(2) Except as provided in section 43555 and subsection (5) and
subject to section 40709, the state treasurer shall credit the
money received from the sale of licenses to the game and fish
protection account.
(3) Except as provided in sections 40709, 43524, 43525, and
43554 and subsection (4), money credited to the game and fish
protection account shall be paid out by the state treasurer
pursuant to the accounting laws of this state for the following
purposes:
(a) Services rendered by the department, together with the
expenses incurred in the enforcement and administration of the
wildlife and fisheries laws of the state, including the necessary
equipment and apparatus incident to the operation and enforcement
of the wildlife and fisheries laws, and the protection,
propagation, distribution, and control of wildlife and fish.
(b) The propagation and liberation of wildlife or fish and for
their increase at the time, place, and manner as the department
considers advisable.
(c) The purchase, lease, and management of lands and equipment
for the purpose of propagating and rearing wildlife or fish, and
for establishing and maintaining game refuges, wildlife
sanctuaries, and public shooting and fishing grounds.
(d) Conducting investigations and compiling and publishing
information relative to the propagation, protection, and
conservation of wildlife.
(e) Delivering lectures, developing cooperation, and carrying
on appropriate educational activities relating to the conservation
of the wildlife of this state.
(f) Hunting and fishing education and outreach programs,
including programs for youth under 17 years of age.
(4) The department may make direct grants to colleges and
universities in this state, out of funds appropriated from the game
and fish protection account, to conduct fish or wildlife research
or both fish and wildlife research.
(5) The department and any other executive department of the
state that receives money from the game and fish protection account
shall submit an annual report to the legislature showing the amount
of money received by the department or other executive department
from the game and fish protection account or the youth hunting and
fishing education and outreach fund and how that money was spent.
An executive department required to submit a report as provided in
this subsection shall send a copy of the report to the legislature
and to the department.
Enacting section 1. Section 43553 of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.43553, is
repealed upon House Joint Resolution Z of the 92nd Legislature
becoming a part of the state constitution of 1963 as provided in
section 1 of article XII of the state constitution of 1963.
Enacting section 2. Section 2010 as amended by this
amendatory act and section 43553a as added by this amendatory act
do not take effect unless House Joint Resolution Z of the 92nd
Legislature becomes a part of the state constitution of 1963 as
provided in section 1 of article XII of the state constitution of
1963.