SENATE BILL No. 1072

September 8, 2016, Introduced by Senators ZORN and JONES and referred to the Committee on Outdoor Recreation and Tourism.

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 43528c.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 43528c. (1) Beginning March 1, 2017, an individual shall

not act as a commercial hunting guide in this state unless that

individual possesses both of the following:

     (a) A valid permit issued under subsection (2).

     (b) A valid base license issued under section 43523a.

     (2) To obtain a permit to act as a commercial hunting guide,

an individual shall submit the application fee described in section

43528d and an application to the department containing the

applicant's name, date of birth, and address of his or her primary

residence. The application shall be in a format determined by the

department. The department shall grant a permit to an individual if

the department determines all of the following:

     (a) That the individual holds a valid certification in first

aid and cardiopulmonary resuscitation issued by the American Red

Cross, the American Heart Association, or a comparable organization

approved by the department.

     (b) That the individual is covered by commercial general

liability insurance with limits of not less than $300,000.00 per

claim and $1,000,000.00 aggregate, for the period that the permit

is valid.

     (c) The person has a valid, lawfully obtained Michigan driver

license issued under the Michigan vehicle code, 1949 PA 300, MCL

257.1 to 257.923, an official state personal identification card

issued under 1972 PA 222, MCL 28.291 to 28.300, or a sportcard

issued under section 43522.

     (d) The individual has not been convicted of any of the

following within the past 5 years:

     (i) A violation of this part or part 401, 445, or 487.

     (ii) A violation of an order or interim order issued under

this part or part 401, 445, or 487.

     (iii) Any felony.

     (e) The individual is eligible to purchase a license for the

game species for which the individual is acting as a commercial

hunting guide.

     (3) An individual shall not act as a commercial hunting guide

on commercial forestland.

     (4) A permit issued under this section is valid for 3 years

after the date it is issued. The department may revoke a permit

under this section, after notice and opportunity for hearing

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328, for any of the following reasons:

     (a) The department determines that the individual is not

eligible to hold a permit under this section.

     (b) The individual provides false information under this

section.

     (c) The individual fails to file an annual report under

subsection (5), and that report remains unfiled for more than 90

days after it is due.

     (5) A commercial hunting guide shall file an annual report

with the department, in a format determined by the department, that

contains information related to all of the following:

     (a) The counties of this state where the individual acted as a

commercial hunting guide.

     (b) The species of game for which the individual acted as a

commercial hunting guide.

     (c) The number of clients that the commercial hunting guide

had during the year.

     (d) The number of game animals harvested by the clients of the

commercial hunting guide.

     (e) Any additional information the department requires

regarding the biological characteristics of the game animals

harvested.

     (6) Information submitted in a report under subsection (5) is

confidential and is not subject to disclosure under the freedom of

information act, 1976 PA 442, MCL 15.231 to 15.246.

     (7) An individual who acts as a commercial hunting guide

without a valid permit issued under this section or who acts as a

commercial hunting guide on commercial forestland is subject to a

civil fine of $2,000.00. An individual who acts as a commercial

hunting guide without a valid permit issued under this section or

who acts as a commercial hunting guide on commercial forestland a

second or subsequent time is subject to a civil fine of $4,000.00.

A civil fine collected under this subsection shall be deposited in

the game and fish protection account established in section 2010.

     (8) An individual who provides false information to the

department under this section is guilty of a misdemeanor punishable

by imprisonment for not more than 180 days or a fine of not less

than $1,000.00 or more than $2,500.00, or both, and the costs of

prosecution.

     (9) As used in this section:

     (a) "Commercial hunting guide" means an individual who, for a

fee or other consideration of value of more than $150.00, provides

assistance to another individual in hunting game. Commercial

hunting guide does not include any of the following:

     (i) The owner or employee of a privately owned cervid ranch

while providing assistance to another individual in pursuing,

capturing, catching, killing, taking, or attempting to take game on

that privately owned cervid ranch.

     (ii) The owner, employee, or member of a game bird hunting

preserve licensed under part 417, or his or her designee, while

providing assistance to another individual in pursuing, capturing,

catching, killing, taking, or attempting to take game birds

authorized to be hunted on that game bird hunting preserve.

     (iii) An individual, business, agency, or nonprofit

organization issued a permit from the department to provide damage

or nuisance animal control services, while providing those damage

or nuisance animal control services.

     (iv) An employee or member of an organization conducting an

event to recruit, retain, or promote hunting for children or

individuals with disabilities, while providing assistance to

another individual in hunting game during that event.

     (b) "Privately owned cervid ranch" means that term as defined

in section 6 of the animal industry act, 1988 PA 466, MCL 287.706.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) Senate Bill No.____ or House Bill No.____ (request no.

05555'16).

     (b) Senate Bill No.____ or House Bill No.____ (request no.

06074'16).