GAME BREEDERS & ZONING ORDINANCES S.B. 1615 (S-3): FLOOR SUMMARY
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Senate Bill 1615 (Substitute S-3 as reported by the Committee of the Whole)
Sponsor: Senator Raymond E. Basham
Committee: Natural Resources and Environmental Affairs

CONTENT
The bill would amend Part 427 (Breeders and Dealers) of the Natural Resources and Environmental Protection Act to do the following:

-- Require the Department of Natural Resources (DNR) to deny an application for a license to breed and sell game if the premises were located in a city or village and were zoned residential.
-- Require the DNR to notify the applicable city, township, or village that a license application had been filed if the premises were not zoned agricultural.
-- Require the DNR to deny the application if it would violate a local ordinance that prohibits the captivity of game animals and does not violate the Michigan Right to Farm Act.
-- Expand the conditions under which the DNR may suspend or revoke a license.


Currently, any license may be suspended or revoked after an administrative hearing, upon reasonable notice, when the license holder fails to comply with Part 427, or fails to provide accurate reports and records within reasonable time limits designated by the DNR. Under the bill, after providing an opportunity for an administrative hearing, the DNR could suspend or revoke a license for the same reasons or if the following applied: the premises used for the purposes identified in the license were located in a city or village and were zoned residential, the licensed use was a nonconforming use in that zone, and the licensee had been convicted of a crime or held responsible for a civil infraction directly related to the captivity of pheasants on the premises.


MCL 324.42702 & 324.42713 Legislative Analyst: Julie Cassidy

FISCAL IMPACT
The bill would cost the State an indeterminate amount of restricted revenue. Since the criteria for approving an application for a license would be more limited, fewer licenses would be issued and less revenue would be collected from license fees. License fees from breeders and dealers are deposited into the Game and Fish Protection account and used for fish and wildlife purposes, including habitat projects, land acquisition, research, grants, and other propagation or control projects. It is unknown how many fewer licenses might be issued.


Date Completed: 12-3-08 Fiscal Analyst: Jessica Runnels

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. sb1615/0708