TRIBAL OFFICER; DEMAND HUNTING LIC.                                                 S.B. 588 (S-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

Senate Bill 588 (Substitute S-1 as reported)

Sponsor:  Senator Tom Casperson

Committee:  Outdoor Recreation and Tourism

CONTENT

The bill would amend Part 435 (Hunting and Fishing Licensing) of the Natural Resources and Environmental Protection Act to require an individual who had been issued a hunting, fur harvester's, or fishing license to exhibit his or her license, upon demand, to a tribal conservation officer who was in uniform, displayed proper credentials, and was on official duty within the ceded territory of the Treaty of March 28, 1836. (The treaty, also known as the Treaty of Washington, is between the United States and the Ottawa and Chippewa nations. The tribes ceded land to the United States in the northern Lower Peninsula and eastern Upper Peninsula with certain reservations, namely for hunting and fishing.)

"Tribal conservation officer" would mean a conservation officer employed by the Great Lakes Indian Fish and Wildlife Commission, the Bay Mills Indian Community, the Sault Ste. Marie Tribe of Chippewa Indians, the Little Traverse Bay Bands of Odawa Indians, the Grand Traverse Band of Ottawa and Chippewa Indians, or the Little River Band of Ottawa Indians.

Currently, a person who holds a hunting, fishing, or fur harvester's  license must carry it and exhibit the license upon the demand of a conservation officer, a law enforcement officer, or the owner or occupant of the land if either or both of the following apply:

-- The person is hunting, trapping, or fishing.

-- Except as otherwise provided, the individual is in possession of a firearm of other hunting, trapping, or fishing apparatus in an area frequented by wild animals or fish, as applicable.

The same conditions would apply to the demand of a tribal conservation officer.

The bill would take effect 90 days after its enactment.

MCL 324.43516                                                                Legislative Analyst:  Jeff Mann

FISCAL IMPACT

The bill would have no fiscal impact on the State and an indeterminate, though likely minimal, fiscal impact on local government. Failure to produce a license as required under Part 435 is a misdemeanor punishable by up to 90 days in jail and a fine of up to $250 and the costs of prosecution. An increase in misdemeanor arrests and convictions could place incremental resource demands on local court systems, law enforcement, and jails, although assessing the offender for the costs of prosecution would help to defray those costs. Any associated increase in fine revenue would be dedicated to public libraries.

Date Completed:  12-11-15                                                  Fiscal Analyst:  Ryan Bergan

This 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.