Bill Text: MI SB0800 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources: hunting; penalty for feeding or baiting deer; modify. Amends sec. 40118 of 1994 PA 451 (MCL 324.40118).
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2020-02-20 - Referred To Committee On Natural Resources [SB0800 Detail]
Download: Michigan-2019-SB0800-Introduced.html
SENATE BILL NO. 800
February 20, 2020, Introduced by Senators
STAMAS, MCBROOM, HORN, MACGREGOR, DALEY, VANDERWALL and SCHMIDT and
referred to the Committee on Natural Resources.
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, 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, section, 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 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 under subsection (3) or (15) 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 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 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)
An individual who violates a provision of this part or an order or interim
order issued under this part regarding the baiting of deer or the taking of
deer over bait is responsible for a state civil infraction and may be ordered
to pay a civil fine of not more than $1.00.
(19) (18) If an individual is convicted of a violation of this part or an order or interim order issued under this part, except for a violation specified in subsection (18), 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.
