Bill Text: MI SB1073 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Natural resources; hunting; displaying base license with an electronic device; allow. Amends secs. 43516 & 43523a of 1994 PA 451 (MCL 324.43516 & 324.43523a); adds sec. 43526b & repeals sec. 43545 of 1994 PA 451 (MCL 324.43545).

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Passed) 2016-12-30 - Assigned Pa 0461'16 12/30/16 Addenda [SB1073 Detail]

Download: Michigan-2015-SB1073-Engrossed.html

SB-1073, As Passed House, December 13, 2016

SB-1073, As Passed Senate, October 19, 2016

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1073

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 43516 and 43523a (MCL 324.43516 and

 

324.43523a), section 43516 as amended by 2016 PA 36 and section

 

43523a as added by 2013 PA 108, and by adding section 43526b; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 43516. (1) An 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 (3), (6), or the

 

owner or occupant of the land if either or both of the following

 

apply:


     (a) The person 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.

 

     (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.

 

     (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), 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.

 

     (4) An individual who displays an electronic copy of his or

 

her license using an electronic device as provided in subsection

 

(3) 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), 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), 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), 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.

 

     (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.

 

     (6) (3) A tribal conservation officer under subsection (1),

 

(3), or (4) 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.

 

     (7) (4) 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.

 

     Sec. 43523a. (1) Except as otherwise provided in this part, an

 

individual shall not hunt small game, unless the individual

 

possesses a current base license. A base license authorizes the

 

individual named in the license to hunt for small game, except for

 

animals or birds that require a special license.

 

     (2) If authorized in an order issued under part 401, an

 

individual that who possesses a current base license may take

 

specified fur-bearing animals by means other than trapping during

 

the open season for hunting these fur-bearing animals. However, an

 

individual who goes on a bobcat hunt with a licensed hunter is not

 

required to possess a base license if the individual does not carry

 

a firearm, bow, or crossbow and does not own dogs used to chase or

 

locate a bobcat during the hunt.

 

     (3) Beginning March 1, 2014, the The fee for a base license is

 

as follows:

 

     (a) Subject to subdivision (b), for a resident, $10.00.

 

     (b) For a resident minor child or nonresident minor child,

 

$5.00.

 

     (c) Subject to subdivision (b), for a nonresident, $150.00.

 

     (4) A base license is void between the hours of 1/2 hour after

 

sunset and 1/2 hour before sunrise with the exception of coyote

 

hunting.

 

     (5) Beginning March 1, 2014, a A nonresident may purchase a

 

limited nonresident small game license entitling that individual to


hunt for a 7-day period all species of small game that are

 

available to hunt under a nonresident base license. The fee for a

 

limited nonresident small game license is $80.00. The purchase of a

 

7-day limited nonresident small game license does not entitle the

 

holder to purchase any additional licenses.

 

     (6) Not later than March 1, 2018, the department shall develop

 

an electronic license that allows an individual to display an

 

electronic copy of his or her base license using an electronic

 

device.

 

     Sec. 43526b. The department may develop an electronic license

 

that allows an individual to display an electronic copy of his or

 

her kill tag under section 43524, 43527a, 43528, 43528a, 43528b, or

 

43529 using an electronic device.

 

     Enacting section 1. Section 43545 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.43545, is

 

repealed.

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