House Introduced Bill 6190

HOUSE BILL No. 6190

June 13, 2002, Introduced by Reps. Kuipers, Tabor, Drolet, Van Woerkom, Toy and Bradstreet and referred to the Committee on
Conservation and Outdoor Recreation.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43503, 43509, 43532, 43533, 43537, 43546,

and 43558 (MCL 324.43503, 324.43509, 324.43532, 324.43533,

324.43537, 324.43546, and 324.43558), section 43503 as added by

1995 PA 57, sections 43509, 43533, 43537, 43546, and 43558 as

amended by 1996 PA 585, and section 43532 as amended by 2002

PA 108; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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Sec. 43503. (1) "DETROIT CONSUMER PRICE INDEX" MEANS THE

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MOST COMPREHENSIVE INDEX OF CONSUMER PRICES AVAILABLE FOR THE

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DETROIT AREA FROM THE UNITED STATES DEPARTMENT OF LABOR, BUREAU

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OF LABOR STATISTICS.

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(2) (1) "Fish" means all species of fish.

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(3) (2) "Fishing" means the pursuing, capturing, catching,

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killing, or taking of fish, and includes attempting to pursue,

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capture, catch, kill, or take fish.

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(4) (3) "Firearm" means a weapon from which a dangerous

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projectile may be propelled by using explosives, gas, or air as a

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means of propulsion. Firearm does not include a smooth bore

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rifle or handgun designed and manufactured exclusively for pro-

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pelling BB's not exceeding .177 caliber by means of a spring or

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air or gas.

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(5) (4) "Firearm deer season" means any period in which

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deer may be lawfully hunted with a firearm.

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(6) (5) "Fur-bearing animals" includes badger, beaver,

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bobcat, coyote, fisher, fox, lynx, marten, mink, muskrat, opos-

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sum, otter, raccoon, skunk, weasel, and wolf.

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Sec. 43509. (1) A person 17 years of age or older SUBJECT

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TO SUBSECTION (2), A PERSON shall not take aquatic species,

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except aquatic insects, in or upon any waters over which this

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state has jurisdiction or in or upon any lands within the state,

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or possess aquatic species, except aquatic insects, without

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having in his or her possession a valid license as provided in

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this part.

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(2) SUBSECTION (1) DOES NOT APPLY TO EITHER OF THE

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FOLLOWING:

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(A) A PERSON UNDER 17 YEARS OF AGE.

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(B) A SENIOR CITIZEN. A SENIOR CITIZEN TAKING OR POSSESSING

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AQUATIC SPECIES SHALL POSSESS AN OPERATOR'S OR CHAUFFEUR'S

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LICENSE ISSUED TO HIM OR HER PURSUANT TO THE MICHIGAN VEHICLE

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CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR A STATE PERSONAL

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IDENTIFICATION CARD ISSUED TO HIM OR HER UNDER 1972 PA 222,

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MCL 28.291 TO 28.300, AND SHALL FURNISH THE LICENSE OR IDENTIFI-

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CATION CARD TO A PEACE OFFICER UPON REQUEST.

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(3) (2) A person shall not hunt, trap, or possess a wild

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animal without having in his or her possession a valid license as

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provided in this part.

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Sec. 43532. (1) A person 17 years of age or older shall

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not take aquatic species, except aquatic insects, in the waters

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over which this state has jurisdiction without a license. The

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SUBJECT TO SECTION 43522A, THE fee for a resident restricted

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fishing license is $15.00. The SUBJECT TO SECTION 43522A, THE

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fee for a nonresident restricted fishing license is $34.00.

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(2) The A restricted fishing license entitles the licensee

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to take aquatic species as prescribed by law other than trout or

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salmon.

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(3) A AS PROVIDED IN SECTION 43509, A person under 17

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years of age may take aquatic species in the waters over which

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this state has jurisdiction without a license. However, a person

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under 17 years of age may obtain an all-species fishing license.

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The fee for a resident or nonresident who is under 17 years of

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age, for an all-species fishing license is $2.00. The department

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shall not sell or vendor the list of licensees under this

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subsection.

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(4) The SUBJECT TO SECTION 43522A, THE fee for a resident

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all-species fishing license is $28.00. The SUBJECT TO SECTION

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43522A, THE fee for a nonresident all-species fishing license is

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$42.00.

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(5) The AN all-species fishing license entitles the

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licensee to take all species of aquatic species as prescribed by

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law.

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(6) A person to whom a valid restricted fishing license has

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been issued may return the restricted license to the department

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or its authorized agent and receive an all-species fishing

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license by paying a fee equal to the difference in cost between

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the all-species fishing license and the restricted fishing

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license for which that person is eligible.

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Sec. 43533. A resident or nonresident may purchase a

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limited fishing license entitling that person to take all aquatic

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species as prescribed by law. Except as provided in this sec-

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tion, the fee for a limited fishing license is $6.00 per desig-

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nated consecutive 24-hour period. Except as provided in this

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section, beginning in 2001, the THE fee for a limited fishing

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license is $7.00 per designated consecutive 24-hour period.

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Notwithstanding any other provision of this section, the fee for

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a limited fishing license for a senior citizen is $3.00.

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Sec. 43537. (1) A resident who is declared legally blind is

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eligible to purchase a senior restricted or senior RESTRICTED

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FISHING LICENSE OR all-species fishing license AT A FEE THAT IS

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DISCOUNTED 60% FROM THE FEE FOR A RESIDENT RESTRICTED FISHING

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LICENSE OR RESIDENT ALL-SPECIES FISHING LICENSE, RESPECTIVELY.

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The department may demand proof of blindness. The licensee, when

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fishing, shall possess proof of blindness and shall furnish the

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proof upon the request of a peace officer.

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(2) A resident who has been determined by the United States

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department of veterans affairs to be permanently and totally dis-

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abled and entitled to veteran benefits at the 100% rate, for a

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disability other than blindness, is eligible to purchase any

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senior hunting license as described in section 43535, or any

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senior fishing license described in section 43536, or both A

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FISHING LICENSE DESCRIBED IN SUBSECTION (1) AT THE FEE SET FORTH

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IN THAT SUBSECTION. The department may demand proof of eligibil-

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ity under this subsection. The licensee, when hunting or taking

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aquatic species, shall possess proof of his or her eligibility

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under this subsection and shall furnish the proof upon the

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request of a peace officer.

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(3) The department shall process SENIOR HUNTING licenses

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issued under this section in the same manner as licenses issued

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to senior citizens for purposes of receiving appropriations from

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the legislature under section 43546.

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Sec. 43546. (1) Before June 1, of each year 2003, the

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department shall determine the total number of senior hunting and

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fishing licenses issued and the total fees collected FOR THOSE

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LICENSES the preceding license year. The department shall deter-

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mine the total fees that would have been collected if those

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senior citizens had been required to purchase full-price resident

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hunting and fishing licenses during the preceding license year.

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From this total, the department shall subtract the fees collected

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from the sale of senior hunting and fishing licenses during the

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preceding license year. The difference, FOR THE PURPOSES OF

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SUBSECTION (3), is the amount that would otherwise be collected.

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(2) BEFORE JUNE 1 OF EACH YEAR BEGINNING IN 2004, THE

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DEPARTMENT SHALL DETERMINE THE TOTAL NUMBER OF FISHING LICENSES

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ISSUED UNDER SECTION 43537 AND SENIOR HUNTING LICENSES ISSUED

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UNDER THIS PART AND THE TOTAL FEES COLLECTED FOR THOSE LICENSES

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THE PRECEDING LICENSE YEAR. THE DEPARTMENT SHALL DO ALL OF THE

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FOLLOWING TO DETERMINE, FOR THE PURPOSES OF SUBSECTION (3), THE

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AMOUNT THAT WOULD OTHERWISE BE COLLECTED:

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(A) DETERMINE THE TOTAL FEES THAT WOULD HAVE BEEN COLLECTED

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IF THOSE LICENSEES HAD BEEN REQUIRED TO PURCHASE FULL-PRICE RESI-

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DENT HUNTING AND FISHING LICENSES DURING THE PRECEDING LICENSE

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YEAR.

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(B) FROM THE TOTAL IN SUBDIVISION (A), SUBTRACT THE FEES

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COLLECTED FOR FISHING LICENSES ISSUED UNDER SECTION 43537 AND

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SENIOR HUNTING LICENSES ISSUED UNDER THIS PART DURING THE PRECED-

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ING LICENSE YEAR.

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(C) TO THE REMAINDER UNDER SUBDIVISION (B), ADD AN AMOUNT

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DETERMINED AS FOLLOWS:

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(i) DETERMINE THE DIFFERENCE BETWEEN THE TOTAL FEES COL-

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LECTED DURING THE LICENSE YEAR ENDING IN 2003 FOR THE ISSUANCE OF

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SENIOR FISHING LICENSES TO SENIOR CITIZENS AND THE TOTAL FEES

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THAT WOULD HAVE BEEN COLLECTED IF THOSE SENIOR CITIZENS HAD BEEN

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REQUIRED TO PURCHASE FULL-PRICE RESIDENT FISHING LICENSES DURING

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THAT LICENSE YEAR.

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(ii) ADJUST THE FIGURE DETERMINED UNDER SUBPARAGRAPH (i) BY

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AN AMOUNT DETERMINED BY THE STATE TREASURER TO REFLECT THE

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CUMULATIVE ANNUAL PERCENTAGE CHANGE IN THE DETROIT CONSUMER PRICE

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INDEX AS OF THE END OF THE PRECEDING CALENDAR YEAR. THE STATE

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TREASURER SHALL MAKE THIS ADJUSTMENT.

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(3) (2) The legislature shall annually appropriate from

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the general fund a sum equal to the fees that would otherwise be

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collected as determined pursuant to subsection (1) FOR THE FISCAL

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YEAR ENDING SEPTEMBER 30, 2003 OR SUBSECTION (2) FOR SUBSEQUENT

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FISCAL YEARS. The sum appropriated shall be credited to the game

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and fish protection fund.

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Sec. 43558. (1) A person is guilty of a misdemeanor if the

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person does any of the following:

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(a) Makes a false statement as to material facts for the

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purpose of obtaining a license or uses or attempts to use a

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license obtained by making a false statement.

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(b) Affixes to a license a date or time other than the date

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or time issued.

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(c) Issues a license without receiving and remitting the fee

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to the department.

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(d) Without a license, takes or possesses a wild animal,

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wild bird, or aquatic species, except aquatic insects. This sub-

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division does not apply to a person less than 17 years of age OR

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A SENIOR CITIZEN who without a license takes or possesses aquatic

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species.

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(e) Sells, loans, or permits in any manner another person to

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use the person's license or uses or attempts to use another

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person's license.

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(F) SELLS, LOANS, OR PERMITS IN ANY MANNER A PERSON TO USE

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THE PERSON'S OPERATOR'S OR CHAUFFEUR'S LICENSE ISSUED PURSUANT TO

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THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR

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STATE PERSONAL IDENTIFICATION CARD ISSUED UNDER 1972 PA 222,

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MCL 28.291 TO 28.300, FOR THE PURPOSES OF THIS PART.

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(G) (f) Falsely makes, alters, forges, or counterfeits a

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sportcard or a hunting, fishing, or fur harvester's license or

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possesses an altered, forged, or counterfeited hunting, fishing,

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or fur harvester's license.

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(H) (g) Uses a tag furnished with a firearm deer license,

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bow and arrow deer license, bear hunting license, elk hunting

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license, or wild turkey hunting license more than 1 time, or

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attaches or allows a tag to be attached to a deer, bear, elk, or

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turkey other than a deer, bear, elk, or turkey lawfully killed by

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the person.

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(I) (h) Except as provided by law, makes an application

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for, obtains, or purchases more than 1 license for a hunting,

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fishing, or trapping season, not including a limited fishing

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license, second bow and arrow license, second firearm deer

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license, antlerless deer license, or other license specifically

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authorized by law, or if the applicant's license has been lost or

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destroyed.

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(J) (i) Applies for, obtains, or purchases a license

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during a time that the person is ineligible to secure a license.

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(K) (j) Knowingly obtains, or attempts to obtain, a resi-

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dent or a senior license if that person is not a resident of this

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state.

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(2) Except as provided in subsection (5), a person who

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violates subsection (1) shall be punished by imprisonment for not

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more than 90 days, or a fine of not less than $25.00 or more than

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$250.00 and the costs of prosecution, or both. In addition, the

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person shall surrender any license and license tag that was

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wrongfully obtained.

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(3) A person licensed to carry a firearm under this part is

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prohibited from doing so while under the influence of a con-

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trolled substance or alcohol or a combination of a controlled

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substance and alcohol. A person who violates this subsection is

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guilty of a misdemeanor, punishable by imprisonment for 90 days,

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or a fine of $500.00, or both.

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(4) An applicant for a license under this part who has pre-

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viously been convicted of a violation of the game and fish laws

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of this state may be required to file an application with the

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department together with other information that the department

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considers expedient. The license may be issued by the

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department.

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(5) A person who violates subsection (1)(d), upon a showing

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that the person was ineligible to secure a license pursuant to

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court order or other lawful authority, is guilty of a misdemean-

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or, punishable by imprisonment for not more than 180 days, or a

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fine of not less than $500.00 and not more than $2,500.00, or

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both, and the costs of prosecution.

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Enacting section 1. Section 43536 of the natural resources

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and environmental protection act, 1994 PA 451, MCL 324.43536, is

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repealed.

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