Bill Text: MI SB1340 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Natural resources; hunting; restitution value for possession of certain wildlife; modify. Amends sec. 40119 of 1994 PA 451 (MCL 324.40119). TIE BAR WITH: SB 1341'12
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2012-11-29 - Referred To Committee On Natural Resources, Tourism, And Outdoor Recreation [SB1340 Detail]
Download: Michigan-2011-SB1340-Engrossed.html
SB-1340, As Passed Senate, November 29, 2012
SENATE BILL No. 1340
October 17, 2012, Introduced by Senators PAVLOV, GREEN, CASPERSON, BOOHER, PROOS and PAPPAGEORGE and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 40119 (MCL 324.40119), as amended by 2004 PA
587.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 40119. (1) In addition to the penalties provided for
violating this part or an order issued under this part, and the
penalty
provided in section 36507, a person an individual convicted
of
the illegal killing, possessing, purchasing, or selling , of
game or protected animals, in whole or in part, shall reimburse the
state for the value of the game or protected animal as follows:
(a) Bear, elk, hawk, moose, or any animal that appears on a
list specified in section 36505, $1,500.00 per animal.
(b) Deer, owl, and wild turkey, $1,000.00 per animal.
Senate Bill No. 1340 as amended November 29, 2012
(c) Other game not listed in subdivision (a) or (b), not less
than $100.00 or more than $500.00 per animal.
(d) Other protected animals, $100.00 per animal.
(2) In addition to the restitution value established in
subsection (1), an individual convicted of the illegal killing,
possessing, purchasing, or selling of an antlered white-tailed deer
with a gross score of more than 100 inches also shall pay an
additional restitution value that is equal to [(gross score - 100)2
x $1.65].
<<(3) 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 an
antlered white-tailed deer with a gross score of more than 100
inches shall be 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 section 40118(6).
(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
section 40118(6).
(4)>> The gross score of an antlered white-tailed deer shall be
determined by taking and adding together all of the following
measurements, which shall be made to the nearest 1/8 of an inch
using a 1/4-inch-wide flexible steel tape:
(a) Inside spread of the main antler beams, not to exceed the
length of the longest main antler beam.
(b) Length of the right main antler beam.
(c) Length of the left main antler beam.
(d) Total length of all abnormal points.
(e) Total length of all normal points as measured from the
nearest edge of the main antler beam over the outer curve to the
tip. To determine the baseline for normal point measurement, the
tape shall be laid along the outer curve of the antler beam so that
the top edge of the tape coincides with the top edge of the antler
beam on both sides of the point.
(f) Circumference taken at the narrowest place between the
antler burr and the first normal point on the right main antler
beam. If the first normal point is missing, the circumference shall
be taken at the narrowest place between the antler burr and the
second normal point.
(g) Circumference taken at the narrowest place between the
first normal point and the second normal point on the right main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point.
(h) Circumference taken at the narrowest place between the
second normal point and the third normal point on the right main
antler beam.
(i) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the right main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal point
and the tip of the main antler beam.
(j) Circumference taken at the narrowest place between the
antler burr and the first normal point on the left main antler
beam. If the first normal point is missing, the circumference shall
be taken at the narrowest place between the antler burr and the
second normal point.
(k) Circumference taken at the narrowest place between the
first normal point and the second normal point on the left main
antler beam. If the first normal point is missing, the
circumference shall be taken at the narrowest place between the
antler burr and the second normal point.
(l) Circumference taken at the narrowest place between the
second normal point and the third normal point on the left main
Senate Bill No. 1340 as amended November 29, 2012
antler beam.
(m) Circumference taken at the narrowest place between the
third normal point and the fourth normal point on the left main
antler beam. If the fourth normal point is missing, the
circumference shall be taken halfway between the third normal point
and the tip of the main antler beam.
<<(5)>> The measurements under subsection <<(4)>> may be taken
at any
time.
<<(6)>> (2) The court in which a
conviction for a violation
described in subsection (1) or (2) is obtained shall order the
defendant to forfeit to the state a sum as set forth in subsection
(1) or (2). If 2 or more defendants are convicted of the illegal
killing, possessing, purchasing, or selling, in whole or in part,
of game or protected animals listed in subsection (1) or (2), the
forfeiture prescribed shall be declared against them jointly.
<<(7)>> (3)
If a defendant fails to pay upon
conviction the sum
ordered by the court to be forfeited, the court shall either impose
a sentence and, as a condition of the sentence, require the
defendant to satisfy the forfeiture in the amount prescribed and
fix the manner and time of payment, or make a written order
permitting the defendant to pay the sum to be forfeited in
installments at those times and in those amounts that, in the
opinion of the court, the defendant is able to pay.
<<(8)>> (4)
If a defendant defaults in payment
of the sum
forfeited or of an installment, the court on motion of the
department or upon its own motion may require the defendant to show
cause why the default should not be treated as a civil contempt,
Senate Bill No. 1340 as amended November 29, 2012
and the court may issue a summons or warrant of arrest for his or
her appearance. Unless the defendant shows that the default was not
due to an intentional refusal to obey the order of the court or to
a failure to make a good faith effort to obtain the funds required
for the payment, the court shall find that the default constitutes
a civil contempt.
<<(9)>> (5)
If it appears that the defendant's
default in the
payment of the forfeiture does not constitute civil contempt, the
court may enter an order allowing the defendant additional time for
payment, reducing the amount of the forfeiture or of each
installment, or revoking the forfeiture or the unpaid portion of
the forfeiture, in whole or in part.
<<(10)>> (6)
A default in the payment of the
forfeiture or an
installment payment may be collected by any means authorized for
the enforcement of a judgment under chapter 60 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
<<(11)>> (7)
A court receiving forfeiture
damages shall remit the
damages to the county treasurer, who shall deposit the damages with
the state treasurer, who shall deposit the damages in the game and
fish
protection account of the Michigan conservation and recreation
legacy
fund provided for established
in section 2010.
<<(12)>> As used in this section:
(a) "Abnormal point" means a point that is nontypical in shape
or location.
(b) "Antler burr" means the elevated bony rim around the
antler base of a white-tailed deer that is just above the skin of
the pedicle.
Senate Bill No. 1340 as amended November 29, 2012
(c) "Gross score" means the number derived by calculating the
measurements of the antlers of a white-tailed deer under subsection
<<(4)>>.
(d) "Inside spread of main antler beams" means the measurement
at right angles to the center line of the skull of a white-tailed
deer at the widest point between the main antler beams.
(e) "Length of main antler beam" means the measurement from
the lowest outside edge of the antler burr of a white-tailed deer
over the outer curve to the most distant point of what is or
appears to be the main antler beam beginning at the place on the
antler burr where the centerline along the outer curve of the beam
intersects the antler burr.
(f) "Normal point" means a point that projects from the main
antler beam in a typical shape or location.
(g) "Point" means a projection on the antler of a white-tailed
deer that is at least 1 inch long as measured from its tip to the
nearest edge of antler beam and the length of which exceeds the
length of its base. Point does not include an antler beam tip.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1341
of the 96th Legislature is enacted into law.
