SB-0613, As Passed Senate, March 26, 2014

SUBSTITUTE FOR

SENATE BILL NO. 613

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 40115.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 40115. (1) Subject to subsections (8) and (9), an

individual may possess game, other than brant, coot, crow, cub

bear, duck, elk, Florida gallinule, geese, moose, snipe, sora rail,

spotted fawn deer, Virginia rail, wolf, and woodcock, that is

either killed by, or injured and euthanized as allowed under law

following, a collision with a motor vehicle. The driver of the

motor vehicle has first priority to take possession of the game.

     (2) An individual in possession of game under subsection (1),

other than small game, shall do 1 of the following:

     (a) Obtain a salvage tag under subsection (7).

     (b) Promptly notify the department or a local law enforcement

agency of his or her intent to maintain possession of the game

under subsection (1) by telephone or on the department's website.

     (c) If the individual is the driver of the motor vehicle

involved in the collision and as a result of that collision is

calling 9-1-1 to report the collision, the individual must state

his or her intent to maintain possession of the game under

subsection (1).

     (3) An individual in possession of small game under subsection

(1) shall prepare a written record with all of the following

information:

     (a) The date and time the individual took possession of the

game.

     (b) The location where the possession of the game occurred.

     (c) The type of game the individual seeks to possess.

     (d) Whether the individual has requested a salvage tag under

subsection (7).

     (e) The individual's full name, including middle initial, date

of birth, mailing address, telephone number, and driver license

number.

     (f) The intended purpose for obtaining possession of the game,

including, but not limited to, human consumption, bait, or other

uses.

     (4) If an individual notifies 9-1-1, the department, or a

local law enforcement agency under subsection (2) of his or her

intent to legally maintain possession of the game under subsection

(1), that individual shall provide 9-1-1, the department, or the

local law enforcement agency with the following information:

     (a) The date and time the individual took possession of the

game.

     (b) The location where the possession of the game occurred.

     (c) The type of game the individual seeks to possess. If the

game is a deer, identify whether the deer is an antlered deer or

antlerless deer. If it is an antlered deer, identify the number of

antler points.

     (d) Whether the individual has requested a salvage tag under

subsection (7).

     (e) The individual's full name, including middle initial, date

of birth, mailing address, telephone number, and driver license

number.

     (f) The intended purpose for obtaining possession of the game,

including, but not limited to, human consumption, bait, or other

uses.

     (5) For small game, an individual shall maintain the written

record prepared under subsection (3) until the individual obtains a

salvage tag under subsection (7) or until the game and its parts

are consumed, are composted, or are no longer possessed by any

person. The record shall be kept at the location where the game or

its parts are kept. The individual shall exhibit the record upon

request of a law enforcement officer.

     (6) An individual in possession of the game under subsection

(1) shall not deliver the game to a business for the purpose of

taxidermy or tanning unless a salvage tag issued under subsection

(7) is securely attached to the game. The person in possession of

the game shall ensure that the salvage tag remains attached to the

game as long as the game remains in an unprocessed state or in

possession of a business for the purpose of taxidermy or tanning.

     (7) The department shall promptly issue a salvage tag if

requested by an individual in possession of game under subsection

(1).

     (8) The director may immediately suspend all salvage

mechanisms for disease-affected areas by issuing an order based on

sound science to address disease control. The department shall

provide public notice of that order and notify the legislative

committees with primary oversight of natural resources before

issuing that order. The director shall revoke the suspension after

the department verifies the absence of the identified disease in

the affected area. The department shall provide public notice of

the suspension and of the revocation of the suspension by posting

notice on the department's website and at department offices

throughout the disease-affected areas.

     (9) This section does not apply to an individual who

intentionally uses a motor vehicle to kill or injure game.