Act No. 366

Public Acts of 2010

Approved by the Governor

December 22, 2010

Filed with the Secretary of State

December 22, 2010

EFFECTIVE DATE: December 22, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Senators Allen, Prusi, Jansen and Cropsey

ENROLLED SENATE BILL No. 1013

AN ACT to amend 1994 PA 451, entitled “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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (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.

(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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor