Michigan House Bill 4225 - Lowering Minimum Hunting Age to 12

HB-4225, As Passed House, December 2, 2003 style='font-size:11.5pt'>

SUBSTITUTE FOR

HOUSE
BILL NO. 4225

A
bill to amend 1994 PA 451, entitled

“Natural resources
and environmental protection act,”

by amending sections
43520, 43523, 43525a, 43527, 43531, and

43553 (MCL 324.43520,
324.43523, 324.43525a, 324.43527,

324.43531, and
324.43553), section 43520 as added by 1995 PA 57,

sections 43523, 43527,
43531, and 43553 as amended by 1996

PA 585, and section
43525a as added by 1998 PA 291.

THE PEOPLE
OF THE STATE OF MICHIGAN ENACT:

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

2 the department may issue
a hunting license to a minor child

3 subject to both of the
following conditions:

4 (a) On application of
a parent or legal guardian of the minor

5 child, if the minor
child, when hunting on lands upon which the

6 minor child’s parents are
not regularly domiciled, is accompanied

7 by the parent or guardian
or another person authorized by the


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1 parent or guardian who is
17 years of age or older.

2 (b) Payment of the
license fee.

3 (2) A license to
hunt deer, bear, or elk with a firearm

4 shall not be issued to
a person who is less than 14 years of

5 age. style='font-size:11.5pt'>

6 (2) (3) A Notwithstanding
any other provision of this part,

7 a license to hunt shall
not be issued to a person who is less

8 than 12 years of age style='font-size:11.5pt'> unless the person is at least 12 years of

9 age or will become 12 years of age in the calendar year in which

10 the license is issued.

11 (3) (4) A
person authorized to sell hunting licenses shall

12 not issue a hunting
license to a person born after January 1,

13 1960, unless the person
presents proof of previous hunting

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

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

16 certification of
completion of training in hunter safety issued

17 to the person by this
state, another state, a province of Canada,

18 or another country. If
an applicant for a hunting license does

19 not have proof of a
previous license or a certification of

20 completion of training in
hunter safety, a person authorized to

21 sell hunting licenses may
issue a hunting license if the

22 applicant submits a
signed affidavit stating that they have he

23 or she has completed a
course in hunter safety or that they

24 have style='font-size:11.5pt'> has possessed a hunting license previously.
The person

25 selling a hunting license
shall record as specified by the

26 department the form of
proof of the previous hunting experience

27 or certification of
completion of hunter safety training


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1 presented by the
applicant.

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

3 a person shall not hunt
small game without a current small game

4 license. Each small game
license authorizes the person named in

5 the license to hunt for
small game except for animals or birds

6 that require a special
license. The fee for a resident small

7 game license is
$13.00. Beginning in 1999, the fee for a

8 resident small game
license is $14.00. Beginning in 2001

9 Subject to section 43522a,
the fee for a resident small game

10 license is $15.00. If
authorized in an order issued under

11 part 401, a resident
possessing a current small game license may

12 take specified
fur-bearing animals by means other than trapping

13 during the open season
for hunting these fur-bearing animals.

14 The fee for a resident
or nonresident who is 12 years of age

15 through 16 years of
age for a
small game license for
a minor

16 child, whether or not the minor child is a resident, style='font-size:11.5pt'> is $1.00.

17 The fee for a
nonresident small game license is $60.00.

18 Beginning in 1999, the
fee for a nonresident small game license

19 is $65.00. Beginning
in 2001
Subject to section 43522a,
the fee

20 for a nonresident small
game license is $69.00.

21 (2) A nonresident may
purchase a limited nonresident small

22 game license entitling
that person to hunt for a 3-day period all

23 species of small game
that are available lawful to hunt under a

24 nonresident small game
license. The fee for a limited

25 nonresident small game
license is $26.00. Beginning in 1999, the

26 fee for a limited
nonresident small game license is $28.00.

27 Beginning in 2001 style='font-size:11.5pt'> Subject to section 43522a, the fee for a


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1 limited nonresident small
game license is $30.00.

2 (3) A small game
license is void between the hours of 1/2

3 hour after sunset and 1/2
hour before sunrise.

4 Sec. 43525a. (1) The
department shall issue a combination

5 deer license that
authorizes a person to hunt deer both during

6 the firearm deer seasons
and the bow and arrow seasons, in

7 compliance with the rules
established for the respective deer

8 hunting season. A
combination deer license shall authorize the

9 holder to take 2 deer in
compliance with orders issued under part

10 401.

11 (2) The fee for a
resident combination deer license is the

12 total of the resident firearm
deer license fee plus the resident

13 bow and arrow deer
license fee. The fee for a nonresident

14 combination deer license
is the total of the nonresident firearm

15 deer license fee plus the
nonresident bow and arrow deer license

16 fee. The fee for a
combination deer license for a resident or

17 nonresident who is 12
years of age through 16 years of age
minor

18 child, whether or not the minor child is a resident, style='font-size:11.5pt'> shall be

19 discounted 50% from the
cost of the resident combination deer

20 license.

21 (3) When advisable in
managing deer, an order under part 401

22 may designate the kind of
deer that may be taken and the

23 geographic area in which
any license issued under this section is

24 valid.

25 (4) The department
may issue kill tags with or as part of

26 each combination deer
license. Each kill tag shall bear

27 include the license
number. A kill tag may also include space


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1 for other pertinent
information required by the department. A

2 kill tag, if issued, is
part of the license and shall not be used

3 more than 1 time.

4 (5) The combination
deer license shall count as 2 licenses

5 for the purposes of
license fees under section 43536a,

6 discounting under
subsection 43521(c)
a
sportsperson discount

7 under section 43521, and
transmittal, deposit, and use of fees

8 under sections 43554 and
43555.

9 (6) A senior citizen
may obtain a senior combination deer

10 license. The fee for a
senior combination deer license shall be

11 discounted at the same
rate as provided in section 43535.

12 (7) A combination
deer license issued to a person less than

13 14 years of age is
valid only for taking deer with a bow and

14 arrow, until the
person is 14 years of age or older.

15 (7) (8) Notwithstanding
any other provision of this part,

16 except for replacing lost
or destroyed licenses, a person shall

17 not apply for, obtain, or
purchase any combination of firearm

18 deer licenses, bow and
arrow deer licenses, and combination deer

19 licenses that would
authorize the taking of more than 2 deer.

20 Sec. 43527. (1) A
person shall not hunt deer with a bow and

21 arrow or crossbow during
the bow and arrow deer season without a

22 bow and arrow deer
license. The fee for a resident bow and

23 arrow deer license is
$13.00. Beginning in 1999, the fee for a

24 resident bow and arrow
deer license is $14.00. Beginning in

25 2001 style='font-size:11.5pt'> Subject to section 43522a, the fee for a
resident bow and

26 arrow deer license is
$15.00. The fee for a resident or

27 nonresident who is 12
years of age through 16 years of age
for
a


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1 bow and arrow deer
license for a minor child, whether or not the

2 minor child is a resident,
shall be discounted 50% from the cost

3 of the resident bow and
arrow deer license. The fee for a

4 nonresident bow and
arrow deer license is $120.00. Beginning in

5 1999, the fee for a
nonresident bow and arrow deer license is

6 $129.00. Beginning in
2001
Subject to section 43522a,
the fee

7 for a nonresident bow and
arrow deer license is $138.00. Where

8 authorized by the
department, a person may purchase a second bow

9 and arrow deer license in
1 season for the fee assessed under

10 this subsection for the
bow and arrow deer license for which that

11 person is eligible.
However, a senior license discount is not

12 available for the
purchase of a second bow and arrow deer

13 license.

14 (2) The
department may issue orders under part 401

15 designating the kind of
deer which may be taken and the

16 geographic area in which
any license issued under this section is

17 valid, when advisable in
managing deer.

18 (3) (2) The
department may issue a kill tag with, or as a

19 part of, each bow and
arrow deer license. Section 43526(2)

20 applies with respect to
a bow and arrow deer license.

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

22 43523(1), a person shall
not trap or hunt fur-bearing animals

23 without purchasing and
possessing a fur harvester’s license.

24 The fee for a
resident fur harvester’s license is $13.00.

25 Beginning in 1999, the
fee for a resident fur harvester’s license

26 is $14.00. Beginning
in 2001
Subject to section 43522a,
the fee

27 for a resident fur
harvester’s license is $15.00. The fee for a


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1 resident or
nonresident who is 12 years of age through 16 years

2 of age style='font-size:11.5pt'> for a fur harvester’s license for a minor child,
whether

3 or not the minor child is a resident, style='font-size:11.5pt'> shall be discounted 50%

4 from the cost of the
resident fur harvester’s license.

5 (2) The department
may issue a nonresident fur harvester’s

6 license to a nonresident
of this state if the state, province, or

7 country in which the
nonresident applicant resides allows

8 residents of this state
to obtain equivalent hunting and trapping

9 privileges in that state,
province, or country. The fee for an

10 eligible nonresident fur
harvester’s license is $150.00.

11 Nonresident fur
harvester’s licenses shall not be sold or

12 purchased prior to
November 15 of each year.

13 (3) A person who
holds a fur harvester’s license may hunt

14 fur-bearing animals
during the season open to taking fur-bearing

15 animals with firearms and
may trap fur-bearing animals during the

16 season open to trapping
fur-bearing animals.

17 Sec. 43553. (1) Except
as provided in sections 43555 and

18 43556, the style='font-size:11.5pt'> The department shall transmit all money
received from

19 the sale of licenses to
the state treasurer, together with a

20 statement indicating the
amount of money received and the source

21 of the money.

22 (2) The game and fish
protection fund is created as a

23 separate fund in the department
of
state treasury. Except as

24 provided in subsection
(5) and section 43555, the state treasurer

25 shall credit the money
received from the sale of passbooks and

26 licenses to the game and
fish protection fund.

27 (3) Except as
provided in sections 43524, 43525, 43531, and


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1 43554 , and 43556 and
subsection (4), money credited to the

2 game and fish protection
fund shall be paid out by the state

3 treasurer pursuant to the
accounting laws of this state for the

4 following purposes:

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

6 expenses incurred in the
enforcement and administration of the

7 game, fish, and fur laws
of the state, including the necessary

8 equipment and apparatus
incident to the operation and enforcement

9 of the game, fish, and
fur laws, and the protection, propagation,

10 distribution, and control
of game, fish, birds, fur-bearing

11 animals, and other
wildlife. forms.

12 (b) The propagation
and liberation of game, fur-bearing

13 animals, birds, or fish
and for their increase at the time,

14 place, and manner as the
department considers advisable.

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

16 with the necessary style='font-size:11.5pt'> and equipment for the purpose of propagating

17 and rearing game, fur-bearing
animals, birds, or fish, and for

18 establishing and
maintaining game refuges, wildlife sanctuaries,

19 and public shooting and
fishing grounds.

20 (d) Conducting
investigations and compiling and publishing

21 information relative to
the propagation, protection, and

22 conservation of wildlife.

23 (e) Delivering
lectures, developing cooperation, and carrying

24 on appropriate
educational activities relating to the

25 conservation of the wildlife
of this state.

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

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


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1 game and fish protection
fund, to conduct fish or wildlife

2 research or both fish and
wildlife research.

3 (5) The youth hunting
and fishing education and outreach fund

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

5 state treasurer shall
credit to the youth hunting and fishing

6 education and outreach
fund the money received from the sale of

7 small game licenses and
all-species fishing licenses under

8 sections 43523 and 43532,
respectively, to persons who are 12

9 years of age through
16 years of age
minor children.
Money in

10 the youth hunting and
fishing education and outreach fund at the

11 close of the fiscal year
shall remain in the fund and shall not

12 lapse to the general
fund.

13 (6) Money credited to
the youth hunting and fishing education

14 and outreach fund shall
be paid out by the state treasurer

15 pursuant to the
accounting laws of this state for hunting and

16 fishing education and
outreach programs for youth through 16

17 years of age style='font-size:11.5pt'> minor children.

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

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

20 or the youth hunting and
fishing education and outreach fund

21 shall submit an annual
report to the legislature showing the

22 amount of money received
by the department or other executive

23 department from the game
and fish protection fund or the youth

24 hunting and fishing
education and outreach fund and how that

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

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

27 report to the legislature
and to the department.

 

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