Michigan 2023-2024 Regular Session

Michigan Senate Bill SB0052 Compare Versions

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1-Act No. 55 Public Acts of 2023 Approved by the Governor July 11, 2023 Filed with the Secretary of State July 12, 2023 EFFECTIVE DATE: July 12, 2023 state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Cherry, Shink, Damoose, Bayer, Wojno and Geiss ENROLLED SENATE BILL No. 52 AN ACT to amend 1994 PA 451, entitled An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the peoples right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts, by amending section 40118 (MCL 324.40118), as amended by 2022 PA 23. The People of the State of Michigan enact: Sec. 40118. (1) An individual who violates this part, an order or interim order issued under this part, or a condition of a permit issued under this part, except for a violation specified in subsections (2) to (19), is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. In addition, a permit issued by the department under this part must be revoked pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (2) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution. (3) Except as otherwise provided in this subsection or subsection (19), an individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, wild turkey, or wolf is guilty of a misdemeanor and may be imprisoned for not more than 90 days, shall be fined not less than $200.00 or more than $1,000.00, and shall be ordered to pay the costs of prosecution. An individual shall not be punished under this subsection for lawfully removing, capturing, or destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167. (4) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution. (5) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose is guilty of a misdemeanor punishable by imprisonment for not more than 1 year and a fine of not less than $1,000.00 or more than $5,000.00, and the costs of prosecution. (6) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $500.00, or both, and the costs of prosecution. An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl a second or subsequent time is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, and the costs of prosecution. (7) An individual sentenced under subsection (3), (14), or (15) shall not secure or possess a license of any kind to hunt during the remainder of the year in which convicted and the next 3 succeeding calendar years. An individual sentenced under subsection (11) shall not secure or possess a license to hunt during the remainder of the year in which convicted and the next succeeding calendar year, or longer in the discretion of the court. (8) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a bear or an antlered white-tailed deer is subject to the following penalties: (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7). (b) For a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years after the penalties imposed under subsection (7). (9) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a wild turkey shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7). (10) An individual sentenced under subsection (4) or (5) is subject to the following penalties: (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of the year in which convicted and the next 15 succeeding calendar years. (b) For a second offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of that individuals life. (11) An individual who violates section 40113(1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution. (12) An individual who violates section 40113(2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. (13) An individual who violates section 40113(3) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution. (14) An individual who violates a provision of this part or an order or interim order issued under this part regarding the taking or possession of an animal that has been designated by the department to be a protected animal, other than an animal that appears on a list prepared under section 36505, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution. (15) An individual who buys or sells game or a protected animal in violation of this part or an order or interim order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, for the first offense, and is guilty of a felony for each subsequent offense. (16) An individual who willfully violates a provision of this part or an order or interim order issued under this part by using an illegally constructed snare or cable restraint is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $1,000.00 for the first illegally constructed snare or cable restraint and $250.00 for each subsequent illegally constructed snare or cable restraint, or both, and the costs of prosecution. (17) An individual who violates a provision of this part or an order or interim order issued under this part regarding the importation of a cervid carcass or parts of a cervid carcass, other than hides, deboned meat, quarters or other parts of a cervid that do not have any part of the spinal column or head attached, finished taxidermy products, cleaned teeth, antlers, or antlers attached to a skullcap cleaned of brain and muscle tissue, from another state or province is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution. (18) If an individual is convicted of a violation of this part or an order or interim order issued under this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court after conviction that the individual had been previously convicted 2 times within the preceding 5 years for a violation of this part or an order or interim order issued under this part, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution. (19) An individual who violates a provision of this part or an order or interim order issued under this part regarding any of the following is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $150.00: (a) Attaching that individuals name, driver license number, or sportcard number to a ground blind. (b) Attaching that individuals name, driver license number, or sportcard number to a tree stand, scaffold, or raised platform. (c) Supplemental feeding of deer. (d) Reporting of a deer harvest or retention of a deer harvest confirmation number. This act is ordered to take immediate effect. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
1+state of michigan 102nd Legislature Regular session of 2023 Introduced by Senators Cherry, Shink, Damoose, Bayer, Wojno and Geiss ENROLLED SENATE BILL No. 52 AN ACT to amend 1994 PA 451, entitled An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the peoples right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts, by amending section 40118 (MCL 324.40118), as amended by 2022 PA 23. The People of the State of Michigan enact: Sec. 40118. (1) An individual who violates this part, an order or interim order issued under this part, or a condition of a permit issued under this part, except for a violation specified in subsections (2) to (19), is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. In addition, a permit issued by the department under this part must be revoked pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (2) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution. (3) Except as otherwise provided in this subsection or subsection (19), an individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, wild turkey, or wolf is guilty of a misdemeanor and may be imprisoned for not more than 90 days, shall be fined not less than $200.00 or more than $1,000.00, and shall be ordered to pay the costs of prosecution. An individual shall not be punished under this subsection for lawfully removing, capturing, or destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167. (4) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution. (5) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose is guilty of a misdemeanor punishable by imprisonment for not more than 1 year and a fine of not less than $1,000.00 or more than $5,000.00, and the costs of prosecution. (6) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $500.00, or both, and the costs of prosecution. An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl a second or subsequent time is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, and the costs of prosecution. (7) An individual sentenced under subsection (3), (14), or (15) shall not secure or possess a license of any kind to hunt during the remainder of the year in which convicted and the next 3 succeeding calendar years. An individual sentenced under subsection (11) shall not secure or possess a license to hunt during the remainder of the year in which convicted and the next succeeding calendar year, or longer in the discretion of the court. (8) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a bear or an antlered white-tailed deer is subject to the following penalties: (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7). (b) For a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years after the penalties imposed under subsection (7). (9) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a wild turkey shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7). (10) An individual sentenced under subsection (4) or (5) is subject to the following penalties: (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of the year in which convicted and the next 15 succeeding calendar years. (b) For a second offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of that individuals life. (11) An individual who violates section 40113(1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution. (12) An individual who violates section 40113(2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. (13) An individual who violates section 40113(3) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution. (14) An individual who violates a provision of this part or an order or interim order issued under this part regarding the taking or possession of an animal that has been designated by the department to be a protected animal, other than an animal that appears on a list prepared under section 36505, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution. (15) An individual who buys or sells game or a protected animal in violation of this part or an order or interim order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, for the first offense, and is guilty of a felony for each subsequent offense. (16) An individual who willfully violates a provision of this part or an order or interim order issued under this part by using an illegally constructed snare or cable restraint is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $1,000.00 for the first illegally constructed snare or cable restraint and $250.00 for each subsequent illegally constructed snare or cable restraint, or both, and the costs of prosecution. (17) An individual who violates a provision of this part or an order or interim order issued under this part regarding the importation of a cervid carcass or parts of a cervid carcass, other than hides, deboned meat, quarters or other parts of a cervid that do not have any part of the spinal column or head attached, finished taxidermy products, cleaned teeth, antlers, or antlers attached to a skullcap cleaned of brain and muscle tissue, from another state or province is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution. (18) If an individual is convicted of a violation of this part or an order or interim order issued under this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court after conviction that the individual had been previously convicted 2 times within the preceding 5 years for a violation of this part or an order or interim order issued under this part, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution. (19) An individual who violates a provision of this part or an order or interim order issued under this part regarding any of the following is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $150.00: (a) Attaching that individuals name, driver license number, or sportcard number to a ground blind. (b) Attaching that individuals name, driver license number, or sportcard number to a tree stand, scaffold, or raised platform. (c) Supplemental feeding of deer. (d) Reporting of a deer harvest or retention of a deer harvest confirmation number. This act is ordered to take immediate effect. Secretary of the Senate Clerk of the House of Representatives Approved___________________________________________ ____________________________________________________ Governor
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3-Act No. 55
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11-Filed with the Secretary of State
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15-EFFECTIVE DATE: July 12, 2023
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1717 state of michigan
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1919 102nd Legislature
2020
2121 Regular session of 2023
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2323 Introduced by Senators Cherry, Shink, Damoose, Bayer, Wojno and Geiss
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2525 ENROLLED SENATE BILL No. 52
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2727 AN ACT to amend 1994 PA 451, entitled An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the peoples right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts, by amending section 40118 (MCL 324.40118), as amended by 2022 PA 23.
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2929 The People of the State of Michigan enact:
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3131 Sec. 40118. (1) An individual who violates this part, an order or interim order issued under this part, or a condition of a permit issued under this part, except for a violation specified in subsections (2) to (19), is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution. In addition, a permit issued by the department under this part must be revoked pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
3232
3333 (2) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of any game, except deer, bear, wild turkey, wolf, waterfowl, moose, or elk, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
3434
3535 (3) Except as otherwise provided in this subsection or subsection (19), an individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of deer, bear, wild turkey, or wolf is guilty of a misdemeanor and may be imprisoned for not more than 90 days, shall be fined not less than $200.00 or more than $1,000.00, and shall be ordered to pay the costs of prosecution. An individual shall not be punished under this subsection for lawfully removing, capturing, or destroying a wolf under 2008 PA 290, MCL 324.95151 to 324.95155, or 2008 PA 318, MCL 324.95161 to 324.95167.
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3737 (4) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of elk is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.
3838
3939 (5) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of moose is guilty of a misdemeanor punishable by imprisonment for not more than 1 year and a fine of not less than $1,000.00 or more than $5,000.00, and the costs of prosecution.
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4141 (6) An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $250.00 or more than $500.00, or both, and the costs of prosecution. An individual who violates a provision of this part or an order or interim order issued under this part regarding the possession or taking of waterfowl a second or subsequent time is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $500.00, or both, and the costs of prosecution.
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4343 (7) An individual sentenced under subsection (3), (14), or (15) shall not secure or possess a license of any kind to hunt during the remainder of the year in which convicted and the next 3 succeeding calendar years. An individual sentenced under subsection (11) shall not secure or possess a license to hunt during the remainder of the year in which convicted and the next succeeding calendar year, or longer in the discretion of the court.
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4545 (8) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a bear or an antlered white-tailed deer is subject to the following penalties:
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4747 (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7).
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4949 (b) For a second or subsequent offense, the individual shall not secure or possess a license of any kind to hunt for an additional 7 calendar years after the penalties imposed under subsection (7).
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5151 (9) In addition to the penalties provided for violating this part or an order issued under this part, an individual convicted of the illegal killing, possessing, purchasing, or selling of a wild turkey shall not secure or possess a license of any kind to hunt for an additional 2 calendar years after the penalties imposed under subsection (7).
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5353 (10) An individual sentenced under subsection (4) or (5) is subject to the following penalties:
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5555 (a) For a first offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of the year in which convicted and the next 15 succeeding calendar years.
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5757 (b) For a second offense, the individual shall not secure or possess a license of any kind to hunt for the remainder of that individuals life.
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5959 (11) An individual who violates section 40113(1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution.
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6161 (12) An individual who violates section 40113(2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $50.00 or more than $500.00, or both, and the costs of prosecution.
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6363 (13) An individual who violates section 40113(3) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $500.00, or both, and the costs of prosecution.
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6565 (14) An individual who violates a provision of this part or an order or interim order issued under this part regarding the taking or possession of an animal that has been designated by the department to be a protected animal, other than an animal that appears on a list prepared under section 36505, is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $100.00 or more than $1,000.00, or both, and the costs of prosecution.
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6767 (15) An individual who buys or sells game or a protected animal in violation of this part or an order or interim order issued under this part is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $1,000.00, or both, for the first offense, and is guilty of a felony for each subsequent offense.
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6969 (16) An individual who willfully violates a provision of this part or an order or interim order issued under this part by using an illegally constructed snare or cable restraint is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of $1,000.00 for the first illegally constructed snare or cable restraint and $250.00 for each subsequent illegally constructed snare or cable restraint, or both, and the costs of prosecution.
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7171 (17) An individual who violates a provision of this part or an order or interim order issued under this part regarding the importation of a cervid carcass or parts of a cervid carcass, other than hides, deboned meat, quarters or other parts of a cervid that do not have any part of the spinal column or head attached, finished taxidermy products, cleaned teeth, antlers, or antlers attached to a skullcap cleaned of brain and muscle tissue, from another state or province is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.
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7373 (18) If an individual is convicted of a violation of this part or an order or interim order issued under this part and it is alleged in the complaint and proved or admitted at trial or ascertained by the court after conviction that the individual had been previously convicted 2 times within the preceding 5 years for a violation of this part or an order or interim order issued under this part, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 180 days or a fine of not less than $500.00 or more than $2,000.00, or both, and the costs of prosecution.
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7575 (19) An individual who violates a provision of this part or an order or interim order issued under this part regarding any of the following is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $150.00:
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7777 (a) Attaching that individuals name, driver license number, or sportcard number to a ground blind.
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7979 (b) Attaching that individuals name, driver license number, or sportcard number to a tree stand, scaffold, or raised platform.
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8181 (c) Supplemental feeding of deer.
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8383 (d) Reporting of a deer harvest or retention of a deer harvest confirmation number.
8484
8585 This act is ordered to take immediate effect.
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9191 Secretary of the Senate
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9797 Clerk of the House of Representatives
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9999 Approved___________________________________________
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101101 ____________________________________________________
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103103 Governor