Bill Text: MI HB5737 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Natural resources: hunting; mentored youth hunting program; modify. Amends secs. 43517 & 43520 of 1994 PA 451 (MCL 324.43517 & 324.43520).
Spectrum: Slight Partisan Bill (Democrat 7-3)
Status: (Engrossed) 2024-06-13 - Referred To Committee On Natural Resources And Agriculture [HB5737 Detail]
Download: Michigan-2023-HB5737-Engrossed.html
Substitute For
HOUSE BILL NO. 5737
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 43517 and 43520 (MCL 324.43517 and 324.43520), section 43517 as amended by 2018 PA 399 and section 43520 as amended by 2018 PA 4.
the people of the state of michigan enact:
Sec. 43517. (1) A parent or legal guardian of a minor child or a guardian of an adult who has a developmental disability shall not permit or allow the minor child or adult who has a developmental disability to hunt game under the authority of a license issued under this part except under 1 of the following conditions:
(a) The minor child hunts only on land upon which a parent or guardian is regularly domiciled or a parent or guardian, or another individual at least 18 years old authorized by a parent or guardian, accompanies the minor child. This subdivision does not apply under either any of the following circumstances:
(i) The license is an apprentice license.
(ii) The minor child is less than 10 years old.
(iii) The minor child is an individual who has a developmental disability and is unable to obtain certification of completion of training in hunter safety.
(b) If the license is an apprentice license, a parent or guardian, or another individual at least 21 years old authorized by a parent or guardian, who is licensed to hunt that game under a license other than an apprentice license accompanies the minor child or adult who has a developmental disability.
(c) If the minor child individual is less than 10 years old, the minor individual hunts only with a mentor in compliance with the mentored youth hunting program established by the commission under subsection (2).
(d) If the individual is an individual who has a developmental disability and is unable to obtain certification of completion of training in hunter safety, the individual hunts only with a mentor in compliance with the mentored hunting program established by the commission under subsection (2).
(e) If the adult who has a developmental disability has a guardian appointed under chapter 6 of the mental health code, 1974 PA 258, MCL 330.1600 to 330.1644, and is unable to obtain certification of completion of training in hunter safety, the adult hunts only with a mentor in compliance with the mentored hunting program established by the commission under subsection (2).
(2) By September 1, 2012, the The commission shall issue an order under section 40113a establishing a mentored youth hunting program. The order must provide for at least all of the following:
(a) A mentor shall be at least 21 years of age before participating in the mentored youth hunting program.
(b) A mentor shall possess a valid license to hunt, other than an apprentice license, before engaging in any mentored youth hunting program.
(c) An individual shall not be a mentor unless he or she the individual presents proof of previous hunting experience in the form of a previous hunting license, other than an apprentice license, or certification of completion of training in hunter safety issued to the individual by this state, another state, a province of Canada, or another country.
(3) As used in this section, "developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
Sec. 43520. (1) Subject to other requirements of this part, the department may issue a hunting license to an adult who has a developmental disability, has a guardian appointed under chapter 6 of the mental health code, 1974 PA 258, MCL 330.1600 to 330.1644, and is unable to obtain certification of completion of training in hunter safety, or to a minor child if all of the following requirements are met:
(a) A parent or legal guardian of the minor child individual applies for the license on behalf of the minor child.individual.
(b) The parent or guardian represents that the requirements of section 43517, as applicable, will be complied with.
(c) The license fee is paid.
(2) A person authorized to sell hunting licenses shall not issue a hunting license to an An individual born after January 1, 1960 shall not purchase or attempt to purchase a hunting license, unless the individual presents proof of previous hunting experience in the form of a hunting license issued by this state, another state, a province of Canada, or another country or presents a certification of completion of training in hunter safety issued to the individual by this state, another state, a province of Canada, or another country. If an applicant for a hunting license does not have proof of such a previous license or a certification of completion of training in hunter safety, a person authorized to sell hunting licenses may issue a hunting license if the applicant submits a signed affidavit stating that the applicant has completed a course in hunter safety or that the applicant possessed such a hunting license previously. The person selling a hunting license shall record as specified by the department the form of proof of the previous hunting experience or certification of completion of hunter safety training presented by the applicant. This subsection does not apply to the issuance of an apprentice license or mentored hunting license. An apprentice license, mentored hunting license, or the equivalent does not satisfy the requirements of this subsection concerning proof of previous hunting experience.
(3) An individual who does not meet the requirements of subsection (2) may obtain an apprentice license for the same price as the corresponding regular license that the individual would otherwise be qualified to obtain. An individual 17 years old or older shall not hunt game under an apprentice license unless another individual at least 21 years old who possesses a license, other than an apprentice license, to hunt that game accompanies that apprentice licensee and does not accompany more than 1 other apprentice licensee. For the purposes of this subsection and section 43517(1)(b), an individual shall not go along with more than 2 apprentice licensees of any age for the purpose of accompanying those apprentice licensees while those apprentice licensees are hunting. If an individual has represented to an apprentice licensee or, if the apprentice licensee is a minor child, to the apprentice licensee's parent or legal guardian that the individual would accompany the apprentice licensee for the purposes of this subsection, the individual shall not go along with the apprentice licensee while the apprentice licensee is hunting unless the individual actually accompanies the apprentice licensee and possesses a license, other than an apprentice license, to hunt the same game as the apprentice licensee. An individual is not eligible to obtain a specific type of apprentice license, such as a deer license, a base license, or a turkey license, for more than 2 license years. An apprentice license must be distinguished from a license other than an apprentice license by a notation or other means.
(4) Only a minor who is less than 10 years old, a minor child with a developmental disability, or an adult who has a developmental disability and a guardian appointed under chapter 6 of the mental health code, 1974 PA 258, MCL 330.1600 to 330.1644, may obtain a mentored youth hunting license. A minor who is less than 10 years old, a minor child with a developmental disability, or an adult who has a developmental disability and a guardian appointed under chapter 6 of the mental health code, 1974 PA 258, MCL 330.1600 to 330.1644, shall not hunt game under a mentored youth hunting license unless that minor individual complies with all requirements of the mentored youth hunting program established by the commission under section 43517.
(5) TheExcept as otherwise provided in this subsection, the fee for a mentored youth hunting license is $7.50. andA mentored hunting license is free for an individual with a developmental disability. A mentored hunting license includes all of the privileges conferred by all of the following:
(a) Base license.
(b) Deer license.
(c) All-species fishing license.
(d) Spring wild turkey hunting license and fall wild turkey hunting license.
(e) Fur harvester's license.
(6) An individual who purchases a mentored youth hunting license may apply for or purchase additional licenses pursuant to current regulations, including, but not limited to, all of the following:
(a) Antlerless deer licenses under section 43527a.
(b) A bear hunting license under section 43528.
(c) An elk hunting license under section 43529.
(7) An individual hunting with a license purchased under subsection (6) must comply with all requirements of the mentored youth hunting program established by the commission under section 43517.
(8) By September 1, 2015 2023 and every 4 years after that date, the department shall submit a report to the standing committees of the senate and house of representatives with primary responsibility for conservation and outdoor recreation issues evaluating whether the fee revenue received by the department from mentored youth hunting licenses under subsection (5) is adequate to administer the mentored youth hunting program.
(9) As used in this section, "developmental disability" means that term as defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a.
