ICE SHANTY I.D., REMOVAL                                                                  H.B. 4787 (H-2):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 4787 (Substitute H-2 as reported without amendment)

Sponsor:  Representative Curtis S. VanderWall

House Committee:  Natural Resources

Senate Committee:  Outdoor Recreation and Tourism

CONTENT

The bill would amend Part 465 (Fishing Shanties) of the Natural Resources and Environmental Protection Act to do the following:

-- Require the owner of a fishing shanty to identify himself or herself by posting on the shanty his or her name and address (as currently required), or by posting his or her driver license or sportcard number.

-- Specify that the shanty identification requirement would not apply to a tent or temporary structure if it were removed from the ice at the end of the day's fishing activity.

-- Require a person placing a shanty on the ice of any water within the State's jurisdiction to remove it before ice conditions were unsafe or before a date set by the Department of Natural Resources, and require the Department to set the date.

The bill would repeal Sections 46503 through 46506 of the Act, which require the removal of a fishing shanty from the ice on waters situated in various parts of the State by certain dates.

MCL 324.46502 et al.                                                        Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on the State and a small indeterminate fiscal impact on local government. It is unknown whether the proposed changes in fishing shanty requirements would lead to more or fewer violations. A violation of Part 465 of the Act is a misdemeanor punishable by imprisonment for up to 30 days, a fine of at least $100 but not more than $500, or both. Any increase in misdemeanor arrests and convictions would increase resource demands on law enforcement, court systems, jails, and community supervision. Any associated increase in fine revenue would increase funding to public libraries.

Conversely, any decrease in misdemeanor arrests and convictions would reduce resource demands on law enforcement, court systems, jails, and community supervision. Any associated decrease in fine revenue would reduce funding to public libraries.

In addition, the bill could increase revenue to a unit of government that removed an ice shanty. Under the Act, upon conviction for a violation of Part 465, the court is required to order the defendant to reimburse the governmental entity that removed an ice shanty or provided for its removal an amount equal to three times the cost of removal.

Date Completed:  1-25-18                                                    Fiscal Analyst:  Ryan Bergan

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.