Bill Text: MI HB4286 | 2009-2010 | 95th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Natural resources; hunting; promotion of; provide for on department of natural resources controlled land. Amends sec. 504 of 1994 PA 451 (MCL 324.504).

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2009-06-18 - Assigned Pa 47'09 With Immediate Effect [HB4286 Detail]

Download: Michigan-2009-HB4286-Engrossed.html

HB-4286, As Passed Senate, June 3, 2009

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4286

 

 

February 17, 2009, Introduced by Reps. Nerat, Melton, Byrnes, Rocca, Lindberg, Lahti, McDowell, Neumann, Bauer, Sheltrown and Scripps and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 504 (MCL 324.504), as amended by 2004 PA 130.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 504. (1) The department shall promulgate rules for the

 

protection of the to protect and preserve lands and other property

 

under its control against wrongful use or occupancy as will ensure

 

the carrying out of the intent of this part to protect the lands

 

and property from depredations and to preserve the lands and

 

property from molestation, spoilation, destruction, or any other

 

from depredation, damage, or destruction or wrongful or improper

 

use or occupancy.

 

     (2) Subject to subsection (4), the department shall do all of

 

the following:


 

     (a) Keep land under its control open to hunting unless the

 

department determines that the land should be closed to hunting

 

because of public safety, fish or wildlife management, or homeland

 

security concerns or as otherwise required by law.

 

     (b) Manage land under its control to support and promote

 

hunting opportunities to the extent authorized by law.

 

     (c) Manage land under its control to prevent any net decrease

 

in the acreage of such land that is open to hunting.

 

     (3) Subject to subsection (4), by April 1, 2010 and each year

 

thereafter, the department shall submit to the legislature a report

 

that includes all of the following:

 

     (a) The location and acreage of land under its control

 

previously open to hunting that the department closed to hunting

 

during the 1-year period ending the preceding March 1, together

 

with the reasons for the closure.

 

     (b) The location and acreage of land under its control

 

previously closed to hunting that the department opened to hunting

 

during the 1-year period ending the preceding March 1 to compensate

 

for land closed to hunting under subdivision (a).

 

     (4) Subsections (2) and (3) do not apply to commercial

 

forestland as defined in section 51101.

 

     (5) (2) This section does not allow authorize the department

 

to promulgate a rule that applies to commercial fishing except as

 

otherwise provided by law.

 

     (6) (3) The department shall not promulgate or enforce a rule

 

that prohibits an individual who is licensed or exempt from

 

licensure under 1927 PA 372, MCL 28.421 to 28.435, from carrying a


 

pistol in compliance with that act, whether concealed or otherwise,

 

on property under the control of the department.

 

     (7) (4) The department shall issue orders necessary to

 

implement rules promulgated under this section. These orders shall

 

be effective upon posting.

 

     (8) (5) A person who violates a rule promulgated under this

 

section or an order issued under this section is responsible for a

 

state civil infraction and may be ordered to pay a civil fine of

 

not more than $500.00.

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