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