SB-1615, As Passed Senate, December 4, 2008

SUBSTITUTE FOR

SENATE BILL NO. 1615

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 42702 and 42713 (MCL 324.42702 and 324.42713),

section 42702 as amended by 2004 PA 537 and section 42713 as added

by 1995 PA 57.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 42702. (1) The department may, pursuant to part 13, issue

licenses to authorize the possession of game for propagation , and

for the dealing in and selling of game. A license shall not be

granted to an

     (2) The department shall deny an application for a new license

under subsection (1) if the applicant who is not the owner or

lessee of the premises to be used for the purposes designated by in

the license application.

     (3) Beginning on the effective date of the amendatory act that

added this subsection, unless the premises to be used for the

purposes designated in the license application are zoned

agricultural, the department shall notify in writing the city or

the township and, if applicable, village where the premises are

located that an application has been filed under this section. The

notice shall include a copy of the application. If, within 30 days

after the notice is sent, the local unit of government notifies the

department that the use designated in the license application would

violate a local ordinance that prohibits the captivity of game

animals and that does not violate the Michigan right to farm act,

1981 PA 93, MCL 286.471 to 286.474, the department shall deny the

license application.

     (4) A license issued pursuant to this part under subsection

(1) is nontransferable and is valid from July 1 to June 30 of the

third license year.

     Sec. 42713. (1) Any license issued under this part may be

suspended or revoked after a hearing conducted pursuant to After

providing an opportunity for a hearing under the administrative

procedures act of 1969, Act No. 306 of the Public Acts of 1969,

being sections 24.201 to 24.328 of the Michigan Compiled Laws, upon

reasonable notice, when the license holder fails to comply with

this part, or 1969 PA 306, MCL 24.201 to 24.328, the department may

suspend or revoke a license under this part if any of the following

apply:

     (a) The licensee violates this part.

     (b) The licensee fails to provide accurate reports and records

within reasonable time limits as designated by the department. In

addition, if a person licensed

     (c) The premises used for the purposes identified in the

license are located in a city or village and are zoned residential,

the licensed use is a nonconforming use in that zone, and the

licensee has been convicted of a crime or held responsible for a

civil infraction directly related to the captivity of pheasants on

the premises.

     (2) If a licensee under this part is convicted of a violation

of the game laws of the this state, his or her license may be

revoked or its renewal denied. and In that case, the game held

under his or her the license may be disposed of only in a manner

approved by the department.