HB-4668, As Passed House, June 5, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4668

      A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 43502, 43510, 43513, 43514, 43516, 43520,

43524, 43528, 43528a, 43528b, 43529, 43531, 43532, 43533, 43535,

43536, 43536a, 43537, 43541, 43544, 43547, 43553, 43554, and

43558 (MCL 324.43502, 324.43510, 324.43513, 324.43514, 324.43516,

324.43520, 324.43524, 324.43528, 324.43528a, 324.43528b,

324.43529, 324.43531, 324.43532, 324.43533, 324.43535, 324.43536,

324.43536a, 324.43537, 324.43541, 324.43544, 324.43547,

324.43553, 324.43554, and 324.43558), section 43502 as amended by

2006 PA 282, sections 43510, 43513, and 43516 as amended by 2006

PA 433, sections 43514 and 43554 as added by 1995 PA 57, sections

43520 and 43531 as amended by 2011 PA 120, section 43524 as

amended by 2012 PA 81, section 43528 as amended by 2009 PA 70,

section 43528a as added by 2010 PA 366, section 43528b as added

by 2012 PA 520, sections 43529, 43535, 43536, 43541, 43544,

43547, and 43558 as amended by 1996 PA 585, sections 43532 and

43533 as amended by 2010 PA 29, section 43536a as amended by 2013

PA 21, section 43537 as amended by 2012 PA 339, and section 43553

as amended by 2006 PA 280, and by adding sections 43523a, 43523b,

43525b, 43527a, 43527b, 43531b, 43532a, and 43545; and to repeal

acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 43502. (1) "Accompany" means to go along with another

 2  person under circumstances that allow one to come to the

 3  immediate aid of the other person and while staying within a

 4  distance from the person that permits uninterrupted, unaided

 5  visual and auditory communication.

 6        (2) "Amphibian" means a frog, toad, salamander, or other

 7  member of the class amphibia.

 8        (3) "Apprentice license" means a license issued under

 9  section 43520(3) or (4).

10        (4) "Aquatic species" means a fish, reptile, amphibian,

11  mollusk, aquatic insect, or crustacea or part thereof.

12        (5) "Base license" means a license issued under section

13  43523a.

14  (6) (5) "Bow" means a device for propelling an arrow from a

15  string drawn, held, and released by hand if the force used to

16  hold the string in the drawn position is provided by the archer's

17  muscles.

18  (7) (6) "Crossbow" means a weapon consisting of a bow, with

 1  a draw weight of 100 pounds or more, mounted transversely on a

 2  stock or frame and designed to fire an arrow, bolt, or quarrel by

 3  the release of a bow string controlled by a mechanical or

 4  electric trigger with a working safety.

 5  (8) (7) "Crustacea" means a freshwater crayfish, shrimp, or

 6  prawn of the order decapoda.

 7        Sec. 43510. (1) Subject to subsection (2), and except as

 8  provided in section 43513, a person and except for an individual

 9  hunting on a game bird hunting preserve licensed under part 417,

10  an individual shall not carry or transport a firearm, slingshot,

11  bow and arrow, crossbow, or a trap while in any area frequented

12  by wild animals unless that person individual has in his or her

13  possession a license as required under this part.

14        (2) This act or a rule promulgated or order issued by the

15  department or the commission under this act shall not be

16  construed to prohibit a person an individual from transporting a

17  pistol or carrying a loaded pistol, whether concealed or not, if

18  either of the following applies:

19        (a) The person individual has in his or her possession a

20  license to carry a concealed pistol under 1927 PA 372, MCL 28.421

21  to 28.435.

22        (b) The person individual is authorized under the

23  circumstances to carry a concealed pistol without obtaining a

24  license to carry a concealed pistol under 1927 PA 372, MCL 28.421

25  to 28.435, as provided for under any of the following:

26        (i) Section 12a of 1927 PA 372, MCL 28.432a.

27        (ii) Section 227, 227a, 231, or 231a of the Michigan penal

 1  code, 1931 PA 328, MCL 750.227, 750.227a, 750.231, and 750.231a.

 2        (3) Subsection (2) does not authorize an individual to take

 3  or attempt to take a wild animal except as provided by law.

 4        Sec. 43513. (1) A person An individual may carry, transport,

 5  or possess a firearm without a hunting license if the firearm is

 6  unloaded in both barrel and magazine and either enclosed in a

 7  case or carried in a vehicle in a location that is not readily

 8  accessible to any occupant of the vehicle. A person An individual

 9  may carry, transport, or possess a slingshot, bow and arrow, or

10  crossbow without a hunting license if the slingshot, bow, or

11  crossbow is unstrung, enclosed in a case, or carried in a vehicle

12  in a location that is not readily accessible to any occupant of

13  the vehicle.

14        (2) Regardless of whether the person individual has a

15  license or it is open season for the taking of game, a person an

16  individual may carry, transport, possess or discharge a firearm,

17  a bow and arrow, or a crossbow if all of the following apply:

18        (a) The person individual is not taking or attempting to

19  take game but is engaged in 1 or more of the following

20  activities:

21        (i) Target practice using an identifiable, artificially

22  constructed target or targets.

23        (ii) Practice with silhouettes, plinking, skeet, or trap.

24        (iii) Sighting-in the firearm, bow and arrow, or crossbow.

25        (b) The person individual is, or is accompanied by or has

26  the permission of, either of the following:

27        (i) The owner of the property on which the activity under

 1  subdivision (a) is taking place.

 2        (ii) The lessee of that property for a term of not less than

 3  1 year.

 4        (c) The owner or lessee of the property does not receive

 5  remuneration for the activity under subdivision (a).

 6        (3) An individual may carry, transport, or possess a

 7  firearm, slingshot, bow and arrow, or crossbow without a hunting

 8  license if the individual is hunting on a game bird hunting

 9  preserve licensed under part 417.

10  (4) (3) A person An individual may carry or possess an

11  unloaded weapon at any time if the person individual is traveling

12  to or from or participating in a historical reenactment.

13        Sec. 43514. (1) A Until March 1, 2014, a resident, the

14  resident's spouse, and the resident's children may hunt small

15  game without a license upon the enclosed farmlands upon which

16  they are regularly domiciled, at a time and in a manner permitted

17  by law; except that they shall obtain a waterfowl hunting license

18  for hunting waterfowl and a federal migratory bird hunting stamp

19  as required by law.

20        (2) A resident, the resident's spouse, and the resident's

21  children may fish without a license in water wholly within the

22  limits of their enclosed farmlands or other enclosed lands upon

23  which they are regularly domiciled, at a time and in a manner

24  permitted by law.

25        Sec. 43516. (1) A person An individual who has been issued a

26  hunting, fur harvester's, or fishing license shall carry the

27  license and shall exhibit the license upon the demand of a

 1  conservation officer, a law enforcement officer, or the owner or

 2  occupant of the land if either or both of the following apply:

 3        (a) The person is hunting, trapping, or fishing.

 4        (b) Subject to section 43510(2) and except as provided in

 5  section 43513, the person individual is in possession of a

 6  firearm or other hunting or trapping apparatus or fishing

 7  apparatus in an area frequented by wild animals or fish,

 8  respectively.

 9        (2) Subject to section 43510(2) and except as provided in

10  section 43513, a person an individual shall not carry or possess

11  afield a shotgun with buckshot, slug loads, or ball loads; a bow

12  and arrow; a muzzle-loading rifle or black powder handgun; or a

13  centerfire handgun or centerfire rifle during firearm deer season

14  unless that person individual has a valid firearm deer license,

15  with an unused kill tag, if issued, issued in his or her name.

16  The person individual shall exhibit an unused kill tag, if

17  issued, upon the request of a conservation officer, a law

18  enforcement officer, or the owner or occupant of the land.

19        Sec. 43520. (1) Subject to other requirements of this part,

20  the department may issue a hunting license to a minor child if

21  all of the following requirements are met:

22        (a) A parent or legal guardian of the minor child applies

23  for the license on behalf of the minor child.

24        (b) The parent or guardian represents that the requirements

25  of section 43517, as applicable, will be complied with.

26        (c) The license fee is paid.

27        (2) A person authorized to sell hunting licenses shall not

 1  issue a hunting license to an individual born after January 1,

 2  1960, unless the individual presents proof of previous hunting

 3  experience in the form of a hunting license issued by this state,

 4  another state, a province of Canada, or another country or

 5  presents a certification of completion of training in hunter

 6  safety issued to the individual by this state, another state, a

 7  province of Canada, or another country. If an applicant for a

 8  hunting license does not have proof of such a previous license or

 9  a certification of completion of training in hunter safety, a

10  person authorized to sell hunting licenses may issue a hunting

11  license if the applicant submits a signed affidavit stating that

12  the applicant has completed a course in hunter safety or that the

13  applicant possessed such a hunting license previously. The person

14  selling a hunting license shall record as specified by the

15  department the form of proof of the previous hunting experience

16  or certification of completion of hunter safety training

17  presented by the applicant. This subsection does not apply to the

18  issuance of an apprentice license. An apprentice license or the

19  equivalent does not satisfy the requirements of this subsection

20  concerning proof of previous hunting experience.

21        (3) An individual who does not meet the requirements of

22  subsection (2) may obtain an apprentice license for the same

23  price as the corresponding regular license that the individual

24  would otherwise be qualified to obtain. An individual 17 years

25  old or older shall not hunt game under an apprentice license

26  unless another individual at least 21 years old who possesses a

27  license, other than an apprentice license, to hunt that game

 1  accompanies that apprentice licensee and does not accompany more

 2  than 1 other apprentice licensee. For the purposes of this

 3  subsection and section 43517(1)(b), an individual shall not go

 4  along with more than 2 apprentice licensees of any age for the

 5  purpose of accompanying those apprentice licensees while those

 6  apprentice licensees are hunting. If an individual has

 7  represented to an apprentice licensee or, if the apprentice

 8  licensee is a minor child, to the apprentice licensee's parent or

 9  legal guardian that the individual would accompany the apprentice

10  licensee for the purposes of this subsection, the individual

11  shall not go along with the apprentice licensee while the

12  apprentice licensee is hunting unless the individual actually

13  accompanies the apprentice licensee and possesses a license,

14  other than an apprentice license, to hunt the same game as the

15  apprentice licensee. An individual is not eligible to obtain a

16  specific type of apprentice license, such as a firearm deer

17  license, an archery deer license, a combination deer license, a

18  small game license, or a turkey license, for more than 2 license

19  years. An apprentice license shall be distinguished from a

20  license other than an apprentice license by a notation or other

21  means.

22        (4) Beginning March 1, 2014, an individual who does not meet

23  the requirements of subsection (2) may obtain an apprentice

24  license for the same price as the corresponding regular license

25  that the individual would otherwise be qualified to obtain. An

26  individual 17 years old or older shall not hunt game under an

27  apprentice license unless another individual at least 21 years

 1  old who possesses a license, other than an apprentice license, to

 2  hunt that game accompanies that apprentice licensee and does not

 3  accompany more than 1 other apprentice licensee. For the purposes

 4  of this subsection and section 43517(1)(b), an individual shall

 5  not go along with more than 2 apprentice licensees of any age for

 6  the purpose of accompanying those apprentice licensees while

 7  those apprentice licensees are hunting. If an individual has

 8  represented to an apprentice licensee or, if the apprentice

 9  licensee is a minor child, to the apprentice licensee's parent or

10  legal guardian that the individual would accompany the apprentice

11  licensee for the purposes of this subsection, the individual

12  shall not go along with the apprentice licensee while the

13  apprentice licensee is hunting unless the individual actually

14  accompanies the apprentice licensee and possesses a license,

15  other than an apprentice license, to hunt the same game as the

16  apprentice licensee. An individual is not eligible to obtain a

17  specific type of apprentice license, such as a deer license, a

18  base license, or a turkey license, for more than 2 license years.

19  An apprentice license shall be distinguished from a license other

20  than an apprentice license by a notation or other means.

21  (5) (4) Only a minor who is less than 10 years old may

22  obtain a mentored youth hunting license. A minor who is less than

23  10 years old shall not hunt game under a mentored youth hunting

24  license unless that minor complies with all requirements of the

25  mentored youth hunting program established by the commission

26  under section 43517. The fee for a mentored youth hunting license

27  is $7.50 and shall include all of the privileges conferred by all

 1  of the following:

 2        (a) Resident small game license.

 3        (b) Combination deer license.

 4        (c) All species fishing license.

 5        (d) Spring turkey hunting license and fall turkey hunting

 6  license.

 7        (e) Resident fur harvester's license.

 8        (6) Beginning March 1, 2014, the fee for a mentored youth

 9  hunting license is $7.50 and shall include all of the privileges

10  conferred by all of the following:

11        (a) Base license.

12        (b) Deer license.

13        (c) All-species fishing license.

14        (d) Spring wild turkey hunting license and fall wild turkey

15  hunting license.

16        (e) Fur harvester's license.

17  (7) (5) By 4 years after the effective date of the

18  amendatory act that added this subsection September 1, 2015 and

19  every 4 years after that date, the department shall submit a

20  report to the standing committees of the senate and house of

21  representatives with primary responsibility for conservation and

22  outdoor recreation issues evaluating whether the fee revenue

23  received by the department from mentored youth hunting licenses

24  under subsection (4) (6) is adequate to administer the mentored

25  youth hunting program.

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

27  an individual shall not hunt small game, unless the individual

 1  possesses a current base license. A base license authorizes the

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

 3  for animals or birds that require a special license.

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

 5  individual that possesses a current base license may take

 6  specified fur-bearing animals by means other than trapping during

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

 8  an individual who goes on a bobcat hunt with a licensed hunter is

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

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

11  chase or locate a bobcat during the hunt.

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

13  as follows:

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

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

16  $5.00.

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

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

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

20  coyote hunting.

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

22  limited nonresident small game license entitling that individual

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

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

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

26  a 7-day limited nonresident small game license does not entitle

27  the holder to purchase any additional licenses.

 1        Sec. 43523b. (1) Beginning March 1, 2014, the fee for a

 2  resident combination hunt and fish license is $75.00 and shall

 3  include all of the privileges conferred by all of the following:

 4        (a) Resident base license.

 5        (b) Two deer licenses.

 6        (c) All-species fishing license.

 7        (2) Beginning March 1, 2014, the fee for a nonresident

 8  combination hunt and fish license is $265.00 and shall include

 9  all of the privileges conferred by all of the following:

10        (a) Nonresident base license.

11        (b) Two deer licenses.

12        (c) All-species fishing license.

13        Sec. 43524. (1) An individual shall not hunt wild turkey

14  without a wild turkey hunting license. The fee for a resident

15  wild turkey hunting license is $15.00. The fee for a nonresident

16  wild turkey hunting license is $69.00. Subject to the

17  requirements of section 40113a, the commission may issue an order

18  requiring that all applications for wild turkey hunting licenses,

19  or applications for wild turkey hunting licenses for certain

20  geographic areas, be entered into a lottery designed and run by

21  the department. An individual selected in a lottery, upon meeting

22  the requirements of this part, is authorized to purchase a wild

23  turkey hunting license. The license shall be issued for a

24  specified hunting period and shall confer confers upon the holder

25  of the license the right to hunt wild turkeys.

26        (2) The department may charge a nonrefundable application

27  fee not to exceed $4.00 for each application for a wild turkey

 1  hunting license that is entered into a lottery under subsection

 2  (1).

 3        (3) From fees collected under subsection (1) or (2), the

 4  following amounts shall be used for scientific research,

 5  biological survey work on wild turkeys, creation and management

 6  of wild turkey habitat on state land, national forestland, and

 7  private land, annual wild turkey hunter surveys, disease testing

 8  for wild turkeys suspected of having a disease and voluntarily

 9  submitted to the department of natural resources, and other wild

10  turkey management in this state:

11      (a) Resident wild turkey hunting license..........  $ 9.50

12      (b) Nonresident wild turkey hunting license.......  $50.00

13      (c) Senior wild turkey hunting license............  $ 1.00

14      (d) Wild turkey hunting application............  amount of

15                                                application fee,

16                                                 if any, but not

17                                                more than $ 3.00.

18        (4) The department shall, to the extent possible, use the

19  money from subsection (3) to create and manage wild turkey

20  habitat on state forestland, state game areas, national

21  forestland, and private land, where appropriate. The department

22  shall, before January 1 of each year, provide to the standing

23  committees in the senate and house of representatives that

24  primarily consider issues relating to natural resources a report

25  detailing the expenditures for the prior year under subsection

26  (3).

 1        (5) Beginning March 1, 2014, only an individual holding a

 2  valid base license is eligible to purchase a wild turkey hunting

 3  license, pursuant to current regulations. The fee for a wild

 4  turkey hunting license is $15.00.

 5        (6) Beginning March 1, 2014, the department may charge a

 6  nonrefundable application fee not to exceed $5.00 for each

 7  application for a wild turkey hunting license that is entered

 8  into a lottery under subsection (1).

 9        (7) Beginning March 1, 2014, from fees collected under

10  subsection (5) or (6), the following amounts shall be used for

11  scientific research, biological survey work on wild turkeys,

12  creation and management of wild turkey habitat on state land,

13  national forestland, and private land, annual wild turkey hunter

14  surveys, disease testing for wild turkeys suspected of having a

15  disease and voluntarily submitted to the department of natural

16  resources, and other wild turkey management in this state:

17      (a) Wild turkey hunting license....................  $9.50

18      (b) Senior wild turkey hunting license.............  $1.00

19      (c) Wild turkey hunting application............  amount of

20                                                application fee,

21                                                 if any, but not

22                                               more than $ 3.00.

23        Sec. 43525b. (1) Except as otherwise provided in this part,

24  beginning March 1, 2014, an individual 16 years of age or older

25  shall not hunt waterfowl without a current waterfowl hunting

26  license issued by this state. The annual license requirement is

 1  in addition to the requirements for a base license and federal

 2  migratory bird hunting stamp. The fee for the waterfowl hunting

 3  license is $12.00.

 4        (2) If issued as a stamp, a waterfowl hunting license shall

 5  be affixed to the base license of the individual and signed

 6  across the face of the stamp by the individual to whom it is

 7  issued.

 8        (3) A collector may purchase a waterfowl hunting license, if

 9  it is issued as a stamp, without being required to place it on a

10  base license, sign across its face, or provide proof of

11  competency under section 43520(2). However, a license described

12  in this subsection is not valid for hunting waterfowl.

13        (4) Beginning March 1, 2014, from the fee collected for each

14  waterfowl hunting license, the department shall use the following

15  amounts:

16        (a) $9.00 shall be used to acquire, restore, or enhance

17  wetlands and other lands to be managed for the benefit of

18  waterfowl.

19        (b) $1.93 shall be used to operate, maintain, and develop

20  managed waterfowl areas in this state.

21        (c) The remaining amount shall be retained under section

22  43541 or used for administration of this part.

23        Sec. 43527a. (1) Beginning March 1, 2014, only an individual

24  holding a valid base license is eligible to purchase a deer

25  license or an antlerless deer license, pursuant to current

26  regulations. The fee for a deer license or an antlerless deer

27  license is $20.00.

 1        (2) Beginning March 1, 2014, the department shall charge a

 2  nonrefundable application fee not to exceed $5.00 for each

 3  individual who applies for an antlerless deer license.

 4        (3) The department may issue a kill tag with or as part of

 5  each deer license. The kill tag shall bear the license number.

 6  The kill tag may also include space for other pertinent

 7  information required by the department. The kill tag, if issued,

 8  is part of the license.

 9        (4) Where authorized by the department, a resident or

10  nonresident may purchase a second deer license for the fee

11  assessed under this subsection for the deer license for which

12  that individual is eligible. However, a senior license discount

13  is not available for the purchase of a second deer license. The

14  department may issue orders under part 401 designating the kind

15  of deer that may be taken and the geographic area in which any

16  license issued under this section is valid, when advisable in

17  managing deer.

18        Sec. 43527b. The department may issue deer management

19  assistance permits pursuant to current regulations.

20        Sec. 43528. (1) A person An individual shall not hunt bear

21  unless the person individual possesses a bear hunting license.

22  However, a person an individual who goes on a bear hunt with a

23  licensed hunter is not required to possess a bear hunting license

24  if the person individual does not carry a firearm, bow, or

25  crossbow and does not own dogs used to chase or locate bear

26  during the hunt. Beginning March 1, 2014, only an individual

27  holding a valid base license is eligible to purchase a bear

 1  hunting license, pursuant to current regulations.

 2        (2) The fee for a resident bear hunting license is $15.00.

 3  The fee for a nonresident bear hunting license is $150.00.

 4  Beginning March 1, 2014, the fee for a bear hunting license is

 5  $25.00.

 6        (3) The department may issue a kill tag with, or as a part

 7  of, a bear hunting license. Section 43526(2) applies with respect

 8  to a bear hunting license.The kill tag shall bear the license

 9  number. The kill tag may also include space for other pertinent

10  information required by the department. The kill tag, if issued,

11  is part of the license.

12        (4) In addition to the license fees in subsection (2), the

13  department shall charge a nonrefundable application fee not to

14  exceed $4.00 for each person individual who applies for a bear

15  hunting license. Beginning March 1, 2014, in addition to the

16  license fees in subsection (2), the department shall charge a

17  nonrefundable application fee not to exceed $5.00 for each

18  individual who applies for a bear hunting license.

19        (5) Beginning March 1, 2014, the following individuals

20  chasing or locating bear with dogs during the open season for

21  that game and who hold a valid base license are eligible for the

22  purchase of a bear participation license for a fee of $15.00:

23        (a) Any individual possessing a firearm, crossbow, or bow

24  and arrow.

25        (b) The owner, when present, of any dog chasing or locating

26  bear.

27        Sec. 43528a. (1) A resident shall not hunt moose without a

House Bill No. 4668 (H-1) as amended June 5, 2013

 1  moose hunting license. Beginning March 1, 2014, only a resident

 2  holding a valid base license is eligible to purchase a moose

 3  hunting license, pursuant to current regulations. The fee for a

 4  moose hunting license is $100.00. The department may establish a

 5  nonrefundable application fee not to exceed $4.00 for each person

 6  individual who applies for a moose hunting license. Beginning

 7  March 1, 2014, the department may establish a nonrefundable

 8  application fee not to exceed $5.00 for each individual who

 9  applies for a moose hunting license.

10        (2) The department may issue a kill tag with, or as part of,

11  a moose hunting license. Section 43526(2) applies with respect to

12  a moose hunting license.The kill tag shall bear the license

13  number. The kill tag may also include space for other pertinent

14  information required by the department. The kill tag, if issued,

15  is part of the license.

16        Sec. 43528b. (1) An individual shall not hunt wolf without a

17  wolf hunting license. [Beginning March 1, 2014, only an individual  

    holding a valid base license is eligible to purchase a wolf hunting

    license.] The fee for a resident wolf hunting license

18  is $100.00. The fee for a nonresident wolf hunting license is

19  $500.00. The department may establish a nonrefundable application

20  fee not to exceed $4.00 for each person individual who applies

21  for a wolf hunting license. [Beginning March 1, 2014, the department

    may establish a nonrefundable application fee not to exceed $5.00 for

    each individual who applies for a wolf hunting license.]

22        (2) The department may issue a kill tag with, or as part of,

23  a wolf hunting license. The provisions of section 43526(2)

24  regarding kill tags apply with respect to a wolf hunting

25  license.The kill tag shall bear the license number. The kill tag

26  may also include space for other pertinent information required

27  by the department. The kill tag, if issued, is part of the

 1  license.

 2        Sec. 43529. (1) A resident shall not hunt elk during the elk

 3  season without an elk hunting license. Beginning March 1, 2014,

 4  only a resident holding a valid base license is eligible to

 5  purchase an elk hunting license, pursuant to current regulations.

 6  The fee for an elk hunting license is $100.00. The department may

 7  establish a nonrefundable application fee not to exceed $4.00 for

 8  each person individual who applies for an elk hunting license.

 9  Beginning March 1, 2014, the department may establish a

10  nonrefundable application fee not to exceed $5.00 for each

11  individual who applies for an elk hunting license.

12        (2) The department may issue a kill tag with, or as a part

13  of, an elk hunting license. Section 43526(2) applies with respect

14  to an elk hunting license.The kill tag shall bear the license

15  number. The kill tag may also include space for other pertinent

16  information required by the department. The kill tag, if issued,

17  is part of the license.

18        Sec. 43531. (1) Except as otherwise provided in section

19  43523(2) or section 43523a(2), an individual shall not trap or

20  hunt fur-bearing animals unless the individual possesses a fur

21  harvester's license. However, an individual who goes on a bobcat

22  hunt with a licensed hunter is not required to possess a fur

23  harvester's license if the individual does not carry a firearm,

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

25  bobcat during the hunt.

26        (2) The fee for a resident fur harvester's license is

27  $15.00. The fee for a fur harvester's license for a resident or

 1  nonresident minor child 10 years old or older shall be discounted

 2  50% from the cost of the resident fur harvester's license.

 3        (3) The Until March 1, 2014, the department may issue a

 4  nonresident fur harvester's license to a nonresident of this

 5  state if the state, province, or country in which the nonresident

 6  applicant resides allows residents of this state to obtain

 7  equivalent hunting and trapping privileges in that state,

 8  province, or country. The fee for an eligible nonresident fur

 9  harvester's license is $150.00. Nonresident fur harvester's

10  licenses shall not be sold or purchased before November 15 of

11  each year.

12        (4) An individual who holds a fur harvester's license may

13  hunt fur-bearing animals during the season open to taking fur-

14  bearing animals with firearms and may trap fur-bearing animals

15  during the season open to trapping fur-bearing animals.

16        (5) Beginning March 1, 2014, only an individual holding a valid

17  base license is eligible to purchase a fur harvester's license,

18  pursuant to current regulations. The fee for a fur harvester's

19  license is $15.00.

20        (6) Beginning March 1, 2014, for a nonresident holding a valid

21  base license and a valid fur harvester's license, the fur

22  harvester's license is not valid for fur-bearing species for which a

23  bag limit has been established.

24        Sec. 43531b. Pursuant to current regulations, the department

25  may issue free tags for survey purposes or for the enforcement of

26  harvest limits.

27        Sec. 43532. (1) A person An individual 17 years of age or

 1  older shall not take or possess an aquatic species, except

 2  aquatic insects, in the waters over which this state has

 3  jurisdiction without a license. The fee for a resident restricted

 4  fishing license is $15.00. The fee for a nonresident restricted

 5  fishing license is $34.00.

 6        (2) A restricted fishing license entitles the licensee to

 7  take and possess aquatic species as prescribed by law, other than

 8  trout, salmon, lake sturgeon, lake herring, amphibians, reptiles,

 9  or crustaceans.

10        (3) A person An individual under 17 years of age may take

11  aquatic species in the waters over which this state has

12  jurisdiction without a license. However, a person an individual

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

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

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

16  shall not sell or vendor the list of licensees under this

17  subsection.

18        (4) The fee for a resident all-species fishing license is

19  $28.00. The fee for a nonresident all-species fishing license is

20  $42.00.

21        (5) An all-species fishing license entitles the licensee to

22  take and possess all aquatic species as prescribed by law.

23        (6) A person An individual to whom a valid restricted

24  fishing license has been issued may return the restricted license

25  to the department or its authorized agent and receive an all-

26  species fishing license by paying a fee equal to the difference

27  in cost between the all-species fishing license and the

 1  restricted fishing license for which that person individual is

 2  eligible.

 3        (7) Beginning March 1, 2014, an individual 17 years of age

 4  or older shall not take or possess an aquatic species, except

 5  aquatic insects, in the waters over which this state has

 6  jurisdiction without a license. The fee for a resident all-

 7  species fishing license is $25.00. The fee for a nonresident all-

 8  species fishing license is $75.00. Beginning March 1, 2014, the

 9  restricted fishing license, license for an individual under 17

10  years of age, and all-species upgrades under subsections (1),

11  (3), and (6) are no longer available.

12        Sec. 43532a. Beginning March 1, 2014, the department shall

13  charge an additional $1.00 per base license under sections

14  43523a(3) and 43535(2), combination hunt and fish license under

15  section 43523b, and all-species fishing license under sections

16  43532(7) and 43536(2). The department shall use money generated

17  under this section for marketing, education, and outreach

18  activities.

19        Sec. 43533. (1) A resident or nonresident may purchase a 24-

20  hour or 72-hour fishing license entitling that person individual

21  to take, for a designated 24-hour or 72-hour period,

22  respectively, and possess all aquatic species as prescribed by

23  law. Except as provided in this section, the fee for a 24-hour

24  fishing license is $7.00 per designated consecutive 24-hour

25  period. Notwithstanding any other provision of this section, the

26  fee for a 24-hour fishing license for a senior citizen is $3.00.

27        (2) The fee for a 72-hour fishing license, to be issued

 1  beginning in 2010, is as follows:

 2        (a) Except for a senior citizen, $21.00.

 3        (b) For a senior citizen, $9.00.

 4        (3) Beginning March 1, 2014, a resident or nonresident may

 5  purchase a 24-hour fishing license entitling that individual to

 6  take, for a designated 24-hour period, and possess all aquatic

 7  species as prescribed by law. The fee for a 24-hour fishing

 8  license is $10.00 per designated consecutive 24-hour period.

 9        (4) Beginning March 1, 2014, a resident or nonresident may

10  purchase a 72-hour fishing license entitling that person to take,

11  for a designated 72-hour period, and possess all aquatic species

12  as prescribed by law. The fee for a 72-hour fishing license is

13  $30.00 per designated consecutive 72-hour period.

14        Sec. 43535. (1) A Until March 1, 2014, a resident of this

15  state who is 65 years of age or older may obtain a senior small

16  game license, a senior firearm deer license, a senior bow and

17  arrow deer license, a senior bear hunting license, a senior wild

18  turkey hunting license, or a senior fur harvester's license. The

19  fee for each senior license shall be discounted 60% from the fee

20  for the resident license.

21        (2) Beginning March 1, 2014, a resident of this state who is

22  65 years of age or older may obtain a senior base license, a

23  senior deer license, a senior wild turkey hunting license, or a

24  senior fur harvester's license. The fee for each senior license

25  shall be discounted 60% from the fee for the resident license.

26        Sec. 43536. (1) A Until March 1, 2014, a resident of this

27  state who is 65 years of age or older may obtain a senior

 1  restricted fishing license. The fee for a senior restricted

 2  fishing license is discounted 60% from the fee for a resident

 3  restricted fishing license.

 4        (2) A resident of this state who is 65 years of age or older

 5  may obtain a senior all-species fishing license. The fee for a

 6  senior all-species fishing license is discounted 60% from the fee

 7  for a resident all-species fishing license.

 8        Sec. 43536a. (1) Subject to any lottery and other

 9  eligibility requirements, Beginning March 1, 2014, a member of

10  the military may obtain any license under this part free of

11  charge for which a lottery is not required at no cost upon

12  presentation to a licensing agent of leave papers, duty papers,

13  military orders, or other evidence acceptable to the department

14  verifying that he or she is a member of the military.stationed

15  outside of this state. The license is valid during the season in

16  which that license would otherwise be valid.

17        (2) As used in this section, "member of the military" means

18  either of the following:

19        (a) A person An individual described by section 43506(3)(d).

20        (b) A person An individual who meets all of the following

21  requirements:

22        (i) The person individual is a reserve component soldier,

23  sailor, airman, or marine or member of the Michigan national

24  guard and is called to federal active duty.

25        (ii) At the time the person individual was called to federal

26  active duty, he or she was a resident of this state.

27        (iii) The person individual has maintained his or her

 1  residence in this state for the purpose of obtaining a driver

 2  license or voter registration, or both.

 3        Sec. 43537. (1) A Until March 1, 2014, a resident who is

 4  declared legally blind is eligible to purchase a senior

 5  restricted or senior all-species fishing license. Beginning March

 6  1, 2014, a resident who is declared legally blind is eligible to

 7  purchase a senior all-species fishing license.

 8        (2) A disabled veteran is eligible to obtain any resident

 9  license under this part for which a lottery is not required free

10  of charge.

11        (3) The department may demand proof of eligibility under

12  subsection (1), (2), or (4). The licensee, when taking aquatic

13  species or hunting, shall possess proof of his or her eligibility

14  under subsection (1), (2), or (4), as applicable, and shall

15  furnish the proof upon the request of a peace officer.

16        (4) The department shall process licenses issued under this

17  section in the same manner as licenses issued to senior citizens

18  for purposes of receiving appropriations from the legislature

19  under section 43546.

20        (5) As used in this section, "disabled veteran" means either

21  of the following:

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

23  department of veterans affairs to be permanently and totally

24  disabled as a result of military service and entitled to

25  veterans' benefits at the 100% rate, for a disability other than

26  blindness.

27        (b) A resident rated by the United States department of

 1  veterans affairs as individually unemployable.

 2        Sec. 43541. (1) A person authorized by the department to

 3  issue licenses on March 15, 1993, may retain 7.5% of the fees for

 4  each sportcard, license, duplicate license, application, or

 5  permit that the person sells. A person authorized by the

 6  department after March 15, 1993 to issue licenses may retain 5%

 7  of the fees for each sportcard, license, duplicate license,

 8  application, or permit that the person sells. The department

 9  shall consider any additional location established after March

10  15, 1993 at which licenses are sold as a new authorized agent for

11  purposes of determining the percentage of fees that may be

12  retained for sales at the new location by that authorized agent.

13  Beginning March 1, 2014, any person authorized by the department

14  to issue licenses may retain 7.5% of the fees for each sportcard,

15  license, duplicate license, application, or permit that the

16  person sells.

17        (2) In addition to the fees authorized under subsection (1),

18  the department may also authorize a person who is authorized to

19  issue licenses to charge and retain a 50-cent transaction fee for

20  collecting migratory bird survey responses.

21        Sec. 43544. (1) If a license or sportcard issued pursuant to

22  this part or a kill tag is lost or destroyed, a licensee may

23  procure a duplicate from the department. To obtain a duplicate

24  license, sportcard, or kill tag, the licensee shall file a

25  certification of loss form with the department and shall pay the

26  duplicate fee as provided in subsection (2) for each duplicate

27  requested.

 1        (2) If the licensee meets the requirements of subsection (1)

 2  and all other requirements of this part for procuring a license

 3  or sportcard, or, if required by this part, a kill tag, the

 4  department shall verify the purchase of the original and issue to

 5  the licensee the duplicates requested and collect the following

 6  applicable duplicate fees:

 7        (a) Except Until March 1, 2014, and except as provided in

 8  subdivision (b), (c), $3.00 for each license included in a

 9  certification of loss.

10        (b) Beginning March 1, 2014, the amount the individual would

11  pay for each license included in a certification of loss.

12  (c) (b) For a duplicate of a kill tag, the fee shall equal

13  the amount that the person individual would pay for a license to

14  which the kill tag applies without regard to marketing discounts

15  or multilicense discounts.

16  (d) (c) For a duplicate of a sportcard, $1.00.

17        Sec. 43545. Beginning March 1, 2019, the department shall

18  not assess or collect any license or permit fees authorized in

19  this part.

20        Sec. 43547. (1) The department shall prepare sportcards, if

21  necessary, and licenses to comply with this part and may

22  authorize persons to issue sportcards and licenses.

23        (2) A sportcard shall provide the following information as

24  required by the department:

25        (a) The name of the applicant.

26        (b) The height and weight of the applicant.

27        (c) The address of the applicant.

 1        (d) The birth date of the applicant.

 2        (e) The applicant's social security number.

 3        (f) Other information as required by the department.

 4        (3) A license may include the following information:

 5        (a) The date and time of issuance of the license.

 6        (b) The identification code of the person issuing the

 7  license.

 8        (c) The form of proof of eligibility to receive a license by

 9  the applicant as required.

10        (d) Other information as required by the department.

11        (e) The applicant's date of birth.

12        (4) The Until March 1, 2014, the department may require

13  persons authorized to issue licenses under this part to purchase

14  or rent equipment necessary for the issuance of to issue

15  licenses. The purchase or lease charge shall not exceed the

16  actual cost incurred by the department in making the equipment

17  available for purchase or lease. However, notwithstanding the

18  equipment rental or purchase charges otherwise required under

19  this section, if the department requires the use of designated

20  computer equipment for the issuance of to issue licenses, the

21  department shall supply each licensed agent who is entitled to

22  retain 7.5% of the fees received and was authorized on March 15,

23  1993 to issue licenses with a computer system at no charge to the

24  licensed agent for each location at which that licensed agent

25  sells licenses. A person who is eligible to receive equipment

26  without charge may be required to purchase a service and

27  maintenance contract for that equipment. The cost of the contract

 1  shall not be more than $200.00 for the first year of the contract

 2  and thereafter the actual cost to the state of maintaining the

 3  computer system. Equipment that is supplied without charge to a

 4  licensed agent shall be returned to the department at such time

 5  as the person is no longer a licensed agent.

 6        (5) A Until March 1, 2014, a person who is authorized after

 7  March 15, 1993 to issue licenses shall pay the full annual rental

 8  or purchase fee for equipment required under subsection (4).

 9        (6) A Until March 1, 2014, a person who on March 15, 1993 is

10  authorized to issue licenses who rents the equipment for the

11  issuance of licenses required under subsection (4) shall pay rent

12  or service and maintenance contract cost, as applicable for that

13  equipment not to exceed 50% of the total of the annual amount the

14  person is authorized to retain under section 43541, or the rental

15  charge otherwise determined by the department, whichever is less.

16        (7) The department may provide persons authorized to issue

17  licenses under this part with conservation law enforcement stamps

18  to enable the purchaser of the stamps to contribute to the

19  wildlife resource protection fund created in section 43555.

20  Conservation law enforcement stamps may be issued by the

21  department in the amounts of $2.00 and $5.00.

22        (8) Beginning March 1, 2014, the department may require

23  persons authorized to issue licenses under this part to rent

24  equipment necessary for the issuance of licenses. A person who is

25  authorized to issue licenses shall pay rent of $5.00 per week.

26  Rent shall not exceed 50% of the total of the annual amount the

27  person is authorized to retain under section 43541.

 1        Sec. 43553. (1) The department shall transmit all money

 2  received from the sale of licenses to the state treasurer,

 3  together with a statement indicating the amount of money received

 4  and the source of the money.

 5        (2) The game and fish protection fund formerly created by

 6  this section as a separate fund in the state treasury shall

 7  continue unless all the money in that fund is transferred to the

 8  game and fish protection account as a result of House Joint

 9  Resolution Z of the 92nd Legislature becoming part of the state

10  constitution of 1963 as provided in section 1 of article XII of

11  the state constitution of 1963 and 2004 PA 587 taking effect.

12  Except as provided in section 43555 and subsection (5), the state

13  treasurer shall credit the money received from the sale of

14  passbooks and licenses to the game and fish protection fund.

15  However, if House Joint Resolution Z of the 92nd Legislature

16  becomes a part of the state constitution of 1963 as provided in

17  section 1 of article XII of the state constitution of 1963, the

18  state treasurer shall credit that money to the game and fish

19  protection account.

20        (3) Except as provided in sections 43524, 43525, 43525b, and

21  43554 and subsection (4), money credited to the game and fish

22  protection fund or the game and fish protection account shall be

23  paid out by the state treasurer pursuant to the accounting laws

24  of this state for the following purposes:

25        (a) Services rendered by the department, together with the

26  expenses incurred in the enforcement and administration of the

27  wildlife and fisheries laws of the state, including the necessary

 1  equipment and apparatus incident to the operation and enforcement

 2  of the wildlife and fisheries laws, and the protection,

 3  propagation, distribution, and control of wildlife and fish.

 4        (b) The propagation and liberation of wildlife or fish and

 5  for their increase at the time, place, and manner as the

 6  department considers advisable.

 7        (c) The purchase, lease, and management of lands, together

 8  with the necessary equipment for the purpose of propagating and

 9  rearing wildlife or fish, and for establishing and maintaining

10  game refuges, wildlife sanctuaries, and public shooting and

11  fishing grounds.

12        (d) Conducting investigations and compiling and publishing

13  information relative to the propagation, protection, and

14  conservation of wildlife.

15        (e) Delivering lectures, developing cooperation, and

16  carrying on appropriate educational activities relating to the

17  conservation of the wildlife of this state.

18        (4) The department may make direct grants to colleges and

19  universities in this state, out of funds appropriated from the

20  game and fish protection fund or the game and fish protection

21  account, to conduct fish or wildlife research or both fish and

22  wildlife research.

23        (5) The youth hunting and fishing education and outreach

24  fund is created as a separate fund in the department of treasury.

25  The Until March 1, 2014, the state treasurer shall credit to the

26  youth hunting and fishing education and outreach fund the money

27  received from the sale of small game licenses and all-species

 1  fishing licenses under sections 43523 and 43532, respectively, to

 2  minor children. Beginning March 1, 2014, the state treasurer

 3  shall credit to the youth hunting and fishing education and

 4  outreach fund $1.00 received from the sale of each base license

 5  to minor children under section 43523a. Money in the youth

 6  hunting and fishing education and outreach fund at the close of

 7  the fiscal year shall remain in the fund and shall not lapse to

 8  the general fund.

 9        (6) Money credited to the youth hunting and fishing

10  education and outreach fund shall be paid out by the state

11  treasurer pursuant to the accounting laws of this state for

12  hunting and fishing education and outreach programs for minor

13  children.

14        (7) The department and any other executive department of the

15  state that receives money from the game and fish protection fund

16  or game and fish protection account or the youth hunting and

17  fishing education and outreach fund shall submit an annual report

18  to the legislature showing the amount of money received by the

19  department or other executive department from the game and fish

20  protection fund or game and fish protection account or the youth

21  hunting and fishing education and outreach fund and how that

22  money was spent. An executive department required to submit a

23  report as provided in this subsection shall send a copy of the

24  report to the legislature and to the department.

25        Sec. 43554. One dollar and fifty cents of the license fee

26  for each firearm deer, bow and arrow deer, and resident

27  sportsperson's license shall be used for improving and

 1  maintaining a habitat for deer and for the acquisition of lands

 2  for an effective program of deer habitat management. Beginning

 3  March 1, 2014, $1.50 of the license fee for each deer and

 4  resident sportsperson's license shall be used for improving and

 5  maintaining a habitat for deer and for the acquisition of lands

 6  for an effective program of deer habitat management.

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

 8  person does any of the following:

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

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

11  license obtained by making a false statement.

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

13  or time issued.

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

15  to the department.

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

17  wild bird, or aquatic species, except aquatic insects. This

18  subdivision does not apply to a person less than 17 years of age

19  who without a license takes or possesses aquatic species.

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

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

22  person's license.

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

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

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

26  or fur harvester's license.

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

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

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

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

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

 5  the person.

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

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

 8  or trapping season, not including a limited fishing license,

 9  second bow and arrow license, second firearm deer license,

10  antlerless deer license, or other license specifically authorized

11  by law, or if the applicant's license has been lost or destroyed.

12        (i) Applies for, obtains, or purchases a license during a

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

14        (j) Knowingly obtains, or attempts to obtain, a resident or

15  a senior license if that person is not a resident of this state.

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

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

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

19  $250.00 and the costs of prosecution, or both. In addition, the

20  person shall surrender any license and license tag that was

21  wrongfully obtained.

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

23  prohibited from doing so while under the influence of a

24  controlled substance or alcohol or a combination of a controlled

25  substance and alcohol. A person who violates this subsection is

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

27  or a fine of $500.00, or both.

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

 2  previously been convicted of a violation of the game and fish

 3  laws of this state may be required to file an application with

 4  the department together with other information that the

 5  department considers expedient. The license may be issued by the

 6  department.

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

 8  that the person was ineligible to secure a license pursuant to

 9  under court order or other lawful authority, is guilty of a

10  misdemeanor, punishable by imprisonment for not more than 180

11  days, or a fine of not less than $500.00 and not more than

12  $2,500.00, or both, and the costs of prosecution.

13        Enacting section 1. Section 43522a of the natural resources

14  and environmental protection act, 1994 PA 451, MCL 324.43522a, is

15  repealed.

16        Enacting section 2. Sections 43523, 43525, 43525a, 43526,

17  43527, and 43530 of the natural resources and environmental

18  protection act, 1994 PA 451, MCL 324.43523, 324.43525,

19  324.43525a, 324.43526, 324.43527, and 324.43530, are repealed

20  effective March 1, 2014.