January 16, 2013, Introduced by Senator WALKER and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 43559 (MCL 324.43559), as amended by 1998 PA
95, and by adding section 1616.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1616. (1) The department shall enforce the compact and
shall do all things within the department's jurisdiction that are
appropriate in order to effectuate the purposes and the intent of
the compact.
(2) On behalf of this state, the department may do either of
the following:
(a) Withdraw from the compact under article VIII of the
compact.
(b) Adopt amendments to the compact under article IX of the
compact.
(3) Pursuant to article IV(a) of the compact, if the
department receives notice from the licensing authority of an
issuing state that a resident of this state has failed to comply
with the terms of a citation, the department shall suspend the
license privileges of the resident.
(4) Pursuant to article IV(b) of the compact, if the
department receives notice of conviction of a resident of this
state from the licensing authority of an issuing state, the
department shall suspend the license privileges of the resident if
the conviction would have resulted in mandatory suspension of the
license had it occurred in this state. The department may suspend
the license privileges if the conviction could have resulted in
discretionary suspension of the license had the conviction occurred
in this state.
(5) Pursuant to article V(a) of the compact, if the department
receives notice of the suspension of any person's license
privileges by a participating state, the department shall determine
whether the violation leading to the suspension would have led to
the suspension of license privileges under this state's law in
accordance with the compact manual. If the department determines
that the person's license privileges would have been suspended, the
department may suspend the person's license privileges for the same
period as imposed by the participating state, but not to exceed the
maximum period allowed by the law of this state.
(6) If the department suspends a person's license privileges
pursuant to the compact, the department shall provide the person
with an opportunity for an evidentiary hearing under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, limited to the following grounds:
(a) Whether, under article IV(a) of the compact, the person
failed to comply with the terms of a citation in another
participating state.
(b) Whether, under article IV(b) of the compact, there was a
conviction in another participating state and the conviction would
have led to the suspension of license privileges under this state's
law, the conviction is on appeal in the participating state, or the
alleged violator is not the proper party.
(c) Whether, under article V of the compact, a participating
state suspended the person's license privileges and the violation
leading to the suspension would have led to the forfeiture of
privileges under this state's law, the conviction is on appeal in
the participating state, or the alleged violator is not the proper
party.
(7) An evidentiary hearing shall be requested within 20 days
after the department sends the person notice of the suspension. The
person shall surrender to the department any licenses issued under
part 435 to the person within 10 days after notice of the
suspension is sent. The department shall, by first-class mail, send
to any resident of this state at his or her last known address
notice of the suspension, of the opportunity for an evidentiary
hearing, and of the obligation to surrender licenses.
(8) A person who fails to surrender a license under subsection
(7) is guilty of a misdemeanor punishable by imprisonment for not
more than 90 days or a fine of not less than $25.00 or more than
$250.00, or both.
(9) As used in this section, "compact" means the interstate
wildlife violator compact provided for in section 1615. If a term
defined in article II of the compact is used in this section, the
definitions in article II of the compact apply to that term as used
in this section.
Sec. 43559. (1) If a person is convicted of violating this
part, or another law relative to hunting, fishing, or trapping that
does not otherwise require the revocation of, or prohibit the
securing of, 1 or more licenses, the court may order the revocation
of 1 or more of the person's licenses and may by order provide that
the person shall not secure 1 or more licenses for not less than
the remainder of the year in which convicted and during the next
succeeding year, or longer in the discretion of the court.
(2) The department shall comply with a suspension order issued
as provided in the support and parenting time enforcement act, 1982
PA 295, MCL 552.601 to 552.650, within 7 days after receipt of the
suspension order.
(3) An order rescinding a suspension order issued under the
support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650, is effective upon its entry by the court and
purchase by the licensee of a replacement license.
(4) If a person is charged with, or convicted of, a violation
of this part, or another law relative to hunting, fishing, or
trapping, and the person fails to answer a citation or a notice to
appear in court, or for any matter pending, or fails to comply with
an order or judgment of the court, the court shall immediately give
notice by first-class mail sent to the person's last known address
that if the person fails to appear within 7 days after the notice
is issued, or fails to comply with the order or judgment of the
court within 14 days after the notice is issued, the department
shall suspend the person's hunting, fishing, and trapping licenses.
If the person fails to appear within the 7-day period, or fails to
comply with the order or judgment of the court within the 14-day
period, the court shall immediately inform the department. The
department shall immediately suspend the person's hunting, fishing,
and trapping licenses and notify the person of the suspension by
first-class mail sent to the person's last known address.