5226: COMMITTEE SUMMARY (Date Completed: 3-14-12) - MICH. CHILDREN'S INSTITUTE: HUNTING

MICH. CHILDREN'S INSTITUTE: HUNTING H.B. 5226: COMMITTEE SUMMARY
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House Bill 5226 (as passed by the House)
Sponsor: Representative Harold Haugh
First House Committee: Families, Children, and Seniors
Second House Committee: Natural Resources, Tourism, and Outdoor Recreation
Senate Committee: Outdoor Recreation and Tourism

Date Completed: 3-14-12

CONTENT
The bill would amend Public Act 220 of 1935, which governs the Michigan Children's Institute, to authorize the Superintendent of the Institute or his or her designee to allow a child who was committed to the Institute to hunt game as provided in Sections 43517 and 43520 of the Natural Resources and Environmental Protection Act (NREPA).

MCL 400.209

BACKGROUND
Section 43517 of NREPA allows a parent or legal guardian of a minor child to permit the child to hunt game under a hunting license only on land upon which a parent or guardian is regularly domiciled or if the parent or guardian, or another individual who is at least 18 years old and authorized by the parent or guardian, accompanies the child. This provision does not apply under any of the following circumstances:

-- The license is an apprentice license.
-- The child is younger than 14 years old and the license is a license to hunt deer, bear, or elk with a firearm.
-- The child is younger than 10 years old.

If the license is an apprentice license, the child may hunt if a parent or guardian, or another authorized individual who is at least 21 years old, who is licensed to hunt that game accompanies the child. In addition, if the child is younger than 14 and the apprentice license is a license to hunt deer, bear, or elk with a firearm, the child may hunt only on private property.

If the child is younger than 14 years old and the license is a license to hunt deer, bear, or elk with a firearm, the child may hunt only on private property and a parent or guardian, or another authorized individual who is at least 18 years old, must accompany the child. If the child is younger than 10 years old, he or she may hunt only with a mentor in compliance with the mentored youth hunting program.

Under the mentored youth hunting program, a mentor must be at least 21 years old; possess a valid license to hunt, other than an apprentice license; and present proof of previous hunting experience in the form of a previous hunting license, other than an apprentice license, or certification of completion of training in hunter safety.

Under Section 43520, the Department of Natural Resources may issue a hunting license to a minor child if all of the following requirements are met:

-- The child's parent or legal guardian applies for the license on the child's behalf.
-- The parent or guardian represents that the requirements of Section 43517, as applicable, will be complied with.
-- The license fee is paid.

A person authorized to sell hunting licenses may not issue a license to an individual born after January 1, 1960, unless he or she presents proof of previous hunting experience in the form of a hunting license or presents a certification of completion of training in hunter safety. If a license applicant does not have this proof, the seller may issue a license if the individual submits a signed affidavit stating that he or she has completed a course in hunter safety or possessed such a hunting license previously.

An individual who does not meet those requirements may obtain an apprentice license. An individual who is at least 17 years old may not hunt game under an apprentice license unless another licensee who is at least 21 years old accompanies him or her and not more than one other apprentice licensee. An individual is not eligible to obtain a specific type of apprentice license, such as a firearm deer license, archery deer license, combination deer license, small game license, or turkey license, for more than two license years.

Only a minor who is younger than 10 years old may obtain a mentored youth hunting license. A child may not hunt game under a mentored youth hunting license unless he or she complies with all requirements of the mentored youth hunting program. The fee for a mentored youth hunting license is $7.50 and includes all of the privileges conferred by the following licenses:

-- Resident small game.
-- Combination deer.
-- All species fishing.
-- Spring and fall turkey hunting.
-- Resident fur harvester.

Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would have no fiscal impact on State or local government.

Fiscal Analyst: Frances Carley

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb5226/1112