Bill Text: MI HB5466 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Law enforcement; peace officers; inspection and enforcement procedures by the department of natural resources; require probable cause to search. Amends sec. 43516 of 1994 PA 451 (MCL 324.43516).
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2020-02-06 - Bill Electronically Reproduced 02/06/2020 [HB5466 Detail]
Download: Michigan-2019-HB5466-Introduced.html
HOUSE BILL NO. 5466
February 05, 2020, Introduced by Reps. Steven
Johnson, LaGrand, Miller, Allor, Reilly, Hornberger and Maddock 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 43516 (MCL 324.43516), as amended by 2016 PA 461.
the people of the state of michigan enact:
Sec. 43516. (1) A conservation officer, law enforcement officer, or tribal law enforcement officer who complies with subsection (7) shall not stop an individual and require that individual to display his or her hunting, fur harvester's, or fishing license unless that conservation officer, law enforcement officer, or tribal law enforcement officer has probable cause to believe that the individual is committing a violation of this part, part 401, or part 487.
(2) (1) Until March 1, 2018, an individual who has been issued a hunting, fur harvester's, or fishing license shall carry the license and shall exhibit the license upon the demand of a conservation officer, a law enforcement officer, a tribal conservation officer who complies with subsection (6), (7), or the owner or occupant of the land if either or both of the following apply:
(a) The individual is hunting, trapping, or fishing.
(b) Subject to section 43510(2) and except as provided in section 43513, the individual is in possession of a firearm or other hunting or trapping apparatus or fishing apparatus in an area frequented by wild animals or fish, respectively.
(3) (2) Subject to section 43510(2) and except as provided in section 43513, an individual shall not carry or possess afield a shotgun with buckshot, slug loads, or ball loads; a bow and arrow; a muzzle-loading rifle or black powder handgun; or a centerfire handgun or centerfire rifle during firearm deer season unless that individual has a valid deer license, with an unused kill tag, if issued, issued in his or her name. The individual shall exhibit an unused kill tag, if issued, upon the request of a conservation officer, a law enforcement officer, or the owner or occupant of the land.
(4) (3) Beginning March 1, 2018, an individual who has been issued a hunting, fur harvester's, or fishing license shall carry the license or, if applicable, an electronic copy of the license and shall exhibit the license or, if applicable, an electronic copy of the license upon the demand of a conservation officer, a law enforcement officer, a tribal conservation officer who complies with subsection (6), (7), who has probable cause to believe that the individual is committing a violation of this part, part 401, or part 487, or the owner or occupant of the land if either or both of the following apply:
(a) The individual is hunting, trapping, or fishing.
(b) Subject to section 43510(2) and except as provided in section 43513, the individual is in possession of a firearm or other hunting or trapping apparatus or fishing apparatus in an area frequented by wild animals or fish, respectively.
(5) (4) An individual who displays an electronic copy of his or her license using an electronic device as provided in subsection (3) (4) is not presumed to have consented to a search of the electronic device. This state, a law enforcement agency, a tribal conservation officer who complies with subsection (6), (7), an employee of this state or a law enforcement agency, or the owner or occupant of the land is not liable for damage to or loss of an electronic device that occurs as a result of a conservation officer, a tribal conservation officer who complies with subsection (6), (7), a law enforcement officer, or the owner or occupant of the land viewing an electronic copy of a license in the manner provided in this section, regardless of whether the conservation officer, tribal conservation officer who complies with subsection (6), (7), law enforcement officer, or owner or occupant of the land was in possession of the electronic device at the time the damage or loss occurred.
(6) (5) The department shall continue to explore the expanded use of electronic technology to provide additional services that will enhance hunting and fishing experiences for individuals in this state.
(7) (6) A tribal conservation officer under subsection (1), (3), or (4) (2), (4), or (5) must be in uniform, display proper credentials, and be on official duty within the ceded territory of the treaty of March 28, 1836, 7 Stat 491.
(8) (7) As used in this section, "tribal conservation officer" means a conservation officer employed by the Great Lakes Indian fish and wildlife commission, the Bay Mills Indian Community, the Sault Ste. Marie Tribe of Chippewa Indians, the Little Traverse Bay Bands of Odawa Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, or the Little River Band of Ottawa Indians.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
