February 2, 2005, Introduced by Rep. Rocca and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by amending the title, as amended by
1996 PA 434, and by adding sections 43540a and 43540c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to protect the environment and natural resources of the
state; to codify, revise, consolidate, and classify laws relating
to the environment and natural resources of the state; to regulate
the discharge of certain substances into the environment; to
regulate the use of certain lands, waters, and other natural
resources of the state; to prescribe the powers and duties of
certain state and local agencies and officials; to provide for
certain
charges, fees, and assessments,
and donations; to provide
certain appropriations; to prescribe penalties and provide
remedies;
to repeal certain parts of this act on a specific date;
and
to repeal certain acts and parts of acts.
Sec. 43540a. (1) The department shall create a program to
distribute wild game or other food to people in need. The program
shall be known as the sportsmen against hunger program.
(2) Under the program, the department shall do all of the
following:
(a) Collect from licensed hunters donations of legally taken
game that complies with all state and federal game laws, including
any requirement that the parts of the game be intact.
(b) Contract for processing the donated game.
(c) Distribute the processed game to food banks, soup
kitchens, and other charitable organizations that provide meals or
food to people free of charge.
(d) Promote the program through the hunting license
distribution system and other means that will further the mission
of the program.
(3) Under the program, the department may request financial
donations from hunters to offset the cost of processing donated
game. The financial donations are tax deductible.
(4) The department may contract for the administration of the
program by a nonprofit organization that is exempt from taxation
under section 501(c)(3) of the internal revenue code, 26 USC 501,
if the department determines that it is more efficient to do so.
Subject to this subsection, payments under the contract shall be
adequate to cover the nonprofit organization's costs in
administering the program. However, payments shall not exceed the
amount of revenue available for such payments in the sportsmen
against hunger fund created under section 43540c.
(5) To qualify to enter a contract under subsection (4), a
nonprofit organization must have demonstrated a commitment to the
goals of the program and have at least 5 years of business
experience in providing meals or food to people free of charge. The
contract shall require that the contracting nonprofit organization
do all of the following:
(a) Maintain a license under the charitable organizations and
solicitations act, 1975 PA 169, MCL 400.271 to 400.294.
(b) Maintain adequate staff to perform the tasks outlined in
the contract.
(c) Undergo an annual financial audit and make the audit
information and report available to the department.
(6) As used in this section, "program" means the sportsmen
against hunger program created under subsection (1).
Sec. 43540c. (1) Subject to subsection (2), when a person
applies for a license under this part, the department or the
department's agent shall ask whether the person would like to
donate $1.00 to the sportsmen against hunger program created by the
department under section 43540a and, if so, shall collect the
donation with the license fee. A person designated by the
department to issue licenses shall not receive a commission under
section 43541 for the donation.
(2) Subsection (1) applies to license applications made in
person beginning November 1, 2005. Subsection (1) applies to
license applications made by on-line computer service or any other
authorized means beginning March 1, 2005.
(3) A donation under subsection (1) is in addition to the
license fee.
(4) The department shall transfer donations under subsection
(1) to the state treasurer for deposit in the fund.
(5) The sportsmen against hunger fund is created within the
state treasury.
(6) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(7) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(8) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) The costs of administering the fund, including the costs
of collecting donations to the fund.
(b) The administration of the sportsmen against hunger program
created under section 43540a, including, if applicable, the costs
of any contract with a nonprofit organization to administer the
sportsmen against hunger program, as authorized under section
43540a(4).
(9) As used in this section, "fund" means the sportsmen
against hunger fund created in subsection (5).