SB-1013, As Passed House, December 15, 2010

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1013

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 40110a, 43528a, and

43540d; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 40110a. The legislature hereby authorizes the

establishment of the first open season for moose. The commission

may issue orders pertaining to moose for each of the purposes

listed in section 40113a, including, but not limited to, orders

establishing the first open season for moose.

Sec. 43528a. (1) A resident shall not hunt moose without a

moose hunting license. The fee for a moose hunting license is

$100.00. The department may establish a nonrefundable application

fee not to exceed $4.00 for each person who applies for a moose

hunting license.

(2) The department may issue a kill tag with, or as part of, a

moose hunting license. Section 43526(2) applies with respect to a

moose hunting license.

Sec. 43540d. (1) The moose hunting advisory council is created

within the department.

(2) The council shall consist of the following 7 members:

(a) The director of the department, or his or her designee.

(b) One member representing an organization that promotes

conservation in this state appointed by the director.

hunting or fishing in this state appointed by the director.

(d) One member appointed by the director from a list of 3

names provided by the speaker of the house of representatives.

(e) One member appointed by the director from a list of 3

names provided by the majority leader of the senate.

(f) One member selected by the Michigan intertribal council.

(3) The members appointed to the council shall be appointed

within 60 days after the effective date of the amendatory act that

added this section.

(4) The first meeting of the council shall be called by the

director of the department within 60 days after the effective date

of the amendatory act that added this section. At the first

meeting, the council shall elect from among its members a

chairperson and other officers as it considers necessary or

appropriate. After the first meeting, the council shall meet at

least quarterly, or more frequently at the call of the chairperson

or if requested by a majority of the members.

(5) A majority of the members of the council constitute a

quorum for the transaction of business at a meeting of the council.

A majority of the members present and serving are required for

official action of the council.

(6) The business that the council may perform shall be

conducted at a public meeting of the council held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(7) A writing prepared, owned, used, in the possession of, or

retained by the council in the performance of an official function

is subject to the freedom of information act, 1976 PA 442, MCL

15.231 to 15.246.

(8) Members of the council shall serve without compensation.

However, members of the council may be reimbursed for their actual

and necessary expenses incurred in the performance of their

official duties as members of the council.

(9) The council shall, within 12 months after the effective

date of the amendatory act that added this section, submit to the

department, commission, and the legislature a report that makes

recommendations on whether the moose hunting season established

pursuant to section 40110a should be expanded in this state. The

report shall take into account the effect an expanded moose hunting

season would have on the moose population in this state and the

potential economic benefits of such a season. If the council

recommends an expanded moose hunting season, the report shall also

contain a recommended season length and the number of moose to be

taken.

(10) This section is repealed effective 12 months after the

effective date of the amendatory act that added this section.