November 6, 2008, Introduced by Senators BASHAM and BIRKHOLZ and referred to the Committee on Natural Resources and Environmental Affairs.
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 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, the department shall deny an application for
a new license under subsection (1) if the premises to be used for
the purposes designated in the license application are zoned
residential. If the premises are subject to a local zoning
ordinance but are not zoned residential or agricultural, the
department shall notify in writing the local unit of government
exercising zoning jurisdiction that an application has been filed
under this section. The notice shall include a copy of the
application. If, within 14 days after the notice is sent, the local
unit of government notifies the department that the use designated
in the license application is not consistent with the zoning
ordinance, 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 zoned residential, the licensed use is a nonconforming
use in that zone, and the licensee has been convicted of a crime or
civil infraction directly related to the captivity of game 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.