Bill Text: MI HB4735 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Natural resources: wildlife; use of certain data requested under the freedom of information act to take game; penalize. Amends sec. 40118 of 1994 PA 451 (MCL 324.40118). TIE BAR WITH: HB 4736'19
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Engrossed - Dead) 2020-02-26 - Referred To Committee On Natural Resources [HB4735 Detail]
Download: Michigan-2019-HB4735-Engrossed.html
HOUSE BILL NO. 4735
June 19, 2019, Introduced by Reps. VanSingel,
Cherry, Love, Brixie, Sneller, Hood and Kuppa and referred to the Committee
on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40118 (MCL 324.40118), as amended by 2017 PA 124.
the people of the state of michigan enact:
Sec. 40118. (1) An individual who violates this part, an order or interim order issued under this part, or a condition of a permit issued under this part, except for a violation specified in subsections (2) to (18), (19), is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. In addition, a permit issued by the department under this part must be revoked pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(2) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk, does any of the following is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution:
(a) Violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk.
(b) Does both of the following:
(i) Signs a form under section 5(1)(e) of the freedom of information act, 1976 PA 442, MCL 15.235, indicating that the individual will not use information of game location to take game.
(ii) Uses the game location information obtained under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, to take game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk.
(3) Except as otherwise provided in this subsection (4), an individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, wild turkey, or wolf does any of the following is guilty of a misdemeanor and shall be punished by imprisonment for not less than 5 days or more than 90 days, and a fine of not less than $200.00 or more than $1,000.00, and the costs of prosecution:
(a) Violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, wild turkey, or wolf.
(b) Does both of the following:
(i) Signs a form under section 5(1)(e) of the freedom of information act, 1976 PA 442, MCL 15.235, indicating that the individual will not use information of game location to take game.
(ii) Uses the game location information obtained under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, to take deer, bear, wild turkey, or wolf.
(4) An individual shall not be punished under this subsection (3) for lawfully removing, capturing, or destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167.
(5) (4) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk does any of the following is guilty of a misdemeanor punishable by imprisonment for not less than 30 days or more than 180 days, or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution:
(a) Violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk.
(b) Does both of the following:
(i) Signs a form under section 5(1)(e) of the freedom of information act, 1976 PA 442, MCL 15.235, indicating that the individual will not use information of game location to take game.
(ii) Uses the game location information obtained under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, to take elk.
(6) (5) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose does any of the following is guilty of a misdemeanor punishable by imprisonment for not less than 90 days or more than 1 year and a fine of not less than $1,000.00 or more than $5,000.00, and the costs of prosecution:
(a) Violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose.
(b) Does both of the following:
(i) Signs a form under section 5(1)(e) of the freedom of information act, 1976 PA 442, MCL 15.235, indicating that the individual will not use information of game location to take game.
(ii) Uses the game location information obtained under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, to take moose.
(7) (6) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $500.00, or both, and the costs of prosecution. An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl a second or subsequent time is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, and the costs of prosecution.
(8) (7) An individual sentenced under subsection (3), (14), or (15), or (16) shall not secure or possess a license of any kind to hunt during the remainder of the year in which convicted and the next 3 succeeding calendar years. An individual sentenced under subsection (11) (12) shall not secure or possess a license to hunt during the remainder of the year in which convicted and the next succeeding calendar year, or longer in the discretion of the court.
(9) (8) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a bear or an antlered white-tailed deer is subject to the following penalties:
(a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7).(8).
(b) For a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years after the penalties imposed under subsection (7).(8).
(10) (9) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a wild turkey shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7).(8).
(11) (10) An individual sentenced under subsection (4) or (5) or (6) is subject to the following penalties:
(a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of the year in which convicted and the next 15 succeeding calendar years.
(b) For a second offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of that individual's life.
(12) (11) An individual who violates section 40113(1) is guilty of a misdemeanor punishable by imprisonment for not less than 5 days or more than 90 days, or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution.
(13) (12) An individual who violates section 40113(2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution.
(14) (13) An individual who violates section 40113(3) is guilty of a misdemeanor punishable by imprisonment for not less than 5 days or more than 90 days and a fine of not less than $100.00 or more than $500.00, and the costs of prosecution.
(15) (14) An individual who violates a provision of this part or an order or interim order issued under this part regarding the taking or possession of an animal that has been designated by the department to be a protected animal, other than an animal that appears on a list prepared under section 36505, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
(16) (15) An individual who buys or sells game or a protected animal in violation of this part or an order or interim order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, for the first offense, and is guilty of a felony for each subsequent offense.
(17) (16) An individual who willfully violates a provision of this part or an order or interim order issued under this part by using an illegally constructed snare or cable restraint is guilty of a misdemeanor punishable by imprisonment for not more than 90 days, or a fine of $1,000.00 for the first illegally constructed snare or cable restraint and $250.00 for each subsequent illegally constructed snare or cable restraint, or both, and the costs of prosecution.
(18) (17) An individual who violates a provision of this part or an order or interim order issued under this part regarding the importation of a cervid carcass or parts of a cervid carcass, other than hides, deboned meat, quarters or other parts of a cervid that do not have any part of the spinal column or head attached, finished taxidermy products, cleaned teeth, antlers, or antlers attached to a skullcap cleaned of brain and muscle tissue, from another state or province is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.
(19) (18) If an individual is convicted of a violation of this part or an order or interim order issued under this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court after conviction that the individual had been previously convicted 2 times within the preceding 5 years for a violation of this part or an order or interim order issued under this part, the individual is guilty of a misdemeanor punishable by imprisonment for not less than 10 days or more than 180 days, and a fine of not less than $500.00 or more than $2,000.00, and costs of prosecution.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4736 (request no. 02153'19 a) of the 100th Legislature is enacted into law.
