SB-0211, As Passed Senate, May 9, 2017

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 211

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 40118 (MCL 324.40118), as amended by 2015 PA

 

188.

 

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 (17), (18), 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 shall 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, 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.

 

     (3) Except as otherwise provided in this subsection, 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 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. An individual

 

shall not be punished under this subsection 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.

 

     (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 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.

 

     (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 is guilty of a misdemeanor and shall

be punished 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.

 

     (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.

 

     (7) An individual sentenced under subsection (3), (14), or

 

(15) 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) 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.

 

     (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).

 

     (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).

 

     (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).

 

     (10) An individual sentenced under subsection (4) or (5) 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.

 

     (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.

 

     (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.

 

     (13) An individual who violates section 40113(3) is guilty of

 

a misdemeanor and shall be punished 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.

 

     (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 pursuant to 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.

 

     (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.

 

     (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.

     (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.

 

     (18) (17) 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 and shall be

 

punished 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 takes effect 90 days

 

after the date it is enacted into law.