October 20, 2009, Introduced by Senator McMANUS and referred to the Committee on Appropriations.
A bill to amend 2000 PA 190, entitled
"Privately owned cervidae producers marketing act,"
by amending sections 3, 6, 7, and 14 (MCL 287.953, 287.956,
287.957, and 287.964), as amended by 2006 PA 561.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) The department shall administer this act. The
departments
department of agriculture and environmental quality
shall provide consultation.
(2) The department of agriculture may conduct activities
designed to develop and assist the cervidae industry in the manner
provided for by law.
Sec. 6. (1) The initial application to construct a cervidae
livestock facility shall be accompanied by the application fee
described in section 8. The department shall approve, deny, or
propose a modification to the completed application within 60 days.
The department shall utilize the standards contained in
"Operational Standards for Registered Privately Owned Cervidae
Facilities",
published by the Michigan department
of natural
resources,
(revised December 2005), adopted by the Michigan
commission of agriculture on January 9, 2006, and adopted by the
natural resources commission on January 12, 2006, and incorporated
by reference, to evaluate the issuance, construction, maintenance,
administration, and renewal of a registration issued under this
act. The department after consultation with the department of
agriculture and with concurrence of the commissions of natural
resources
and agriculture may , by amendment of this act, amend or
update the standards adopted in this subsection. Before issuing any
registration under this act, the director shall verify, through
written confirmation, both of the following:
(a) The department has approved the method used to flush any
free-ranging cervidae species from the facility, if applicable, and
all free-ranging cervidae species have actually been flushed.
(b) The department has determined that the size and location
of the facility will not place unreasonable stress on wildlife
habitat or migration corridors.
(2) As part of the initial application or the application to
modify a cervidae livestock facility, the applicant for
registration shall submit a business plan complying with the
standards established under this section that includes all of the
following:
(a) The complete address of the proposed cervidae livestock
facility and the size of, the location of, and a legal description
of the lands on which the cervidae livestock operation will be
conducted.
(b) The number of each cervidae species included in the
proposed facility.
(c) Biosecurity measures to be utilized, including, but not
limited to, methods of fencing and appropriate animal
identification.
(d) The proposed method of flushing wild cervidae species from
the enclosure, if applicable.
(e) A record-keeping system in compliance with this act and
the operational standards incorporated by reference in subsection
(1).
(f) The method of verification that all free-ranging cervidae
species have been removed.
(g) The current zoning of the property proposed as a cervidae
livestock facility and whether the local unit or units of
government within which the cervidae livestock facility will be
located has an ordinance regarding fences.
(h) A disease herd plan in compliance with the operational
standards incorporated by reference in subsection (1) to be
approved by the state veterinarian under the animal industry act,
1988 PA 466, MCL 287.701 to 287.745.
(i) Any other information considered necessary by the
department.
(3) Upon receipt of an application, the director shall forward
1
copy each to the departments department
of agriculture. and
environmental
quality. Upon receipt of an
application, the
department shall send a written notice to the local unit or units
of government within which the proposed cervidae livestock facility
will be located unless the department determines, from information
provided in the application, that the local unit of government has
a zoning ordinance under which the land is zoned agricultural. The
local unit or units of government may respond, within 30 days of
receipt of the written notice, indicating whether the applicant's
cervidae livestock facility would be in violation of any ordinance.
(4) The department shall not issue an initial cervidae
livestock facility registration or modification unless the
application demonstrates all of the following:
(a) The cervidae livestock facility has been inspected by the
director and he or she has determined that the cervidae livestock
facility meets the standards and requirements prescribed by and
adopted under this act, complies with the business plan submitted
to the department, and determines that there are barriers in place
to prevent the escape of cervidae species and prevent the entry of
wild cervidae species. A renewal or initial applicant must provide
a perimeter fence in compliance with the operational standards
incorporated by reference under subsection (1).
(b) The method for individual animal identification complies
with the standards incorporated by reference under this section.
(c) The applicant has all necessary permits that are required
under part 31 regarding water resources protection, part 301
regarding inland lakes and streams, and part 303 regarding wetland
protection of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.3101 to 324.3133, 324.30101 to 324.30113,
and 324.30301 to 324.30323, and any other permits or authorizations
that may be required by law.
(5)
Beginning the effective date of the amendatory act that
added
this subsection on December 29, 2006, the department shall
issue an initial registration or modification registration allowing
an expansion of an existing facility not later than 120 days after
the applicant files a completed application. Renewal applications
shall be issued not later than 60 days after the applicant files a
completed application. Receipt of the application is considered the
date the application is received by the department. If the
application is considered incomplete by the department, the
department shall notify the applicant in writing, or make the
information electronically available, within 30 days after receipt
of the incomplete application, describing the deficiency and
requesting the additional information. The determination of the
completeness of an application does not operate as an approval of
the application for the registration and does not confer
eligibility upon an applicant determined otherwise ineligible for
issuance of a registration. The 120-day period is tolled under any
of the following circumstances:
(a) Notice sent by the department of a deficiency in the
application until the date all of the requested information is
received by the department.
(b) The time period during which required actions are
completed that include, but are not limited to, completion of
construction or renovation of the facility; mandated reinspections
if by the department; other inspections if required by any state,
local, or federal agency; approval by the legislative body of a
local unit of government; or other actions mandated by this act or
as otherwise mandated by law or local ordinance.
(6) If the department fails to issue or deny a registration
within
the time required by this subsection section, the department
shall return the registration fee and shall reduce the registration
fee for the applicant's next renewal application, if any, by 15%.
The failure to issue a registration within the time required under
this section does not allow the department to otherwise delay the
processing of the application, and that application, upon
completion, shall be placed in sequence with other completed
applications received at that same time. The department shall not
discriminate against an applicant in the processing of the
application based upon the fact that the registration fee was
refunded or discounted under this subsection.
(7) Upon receipt of a denial under this section and without
filing a second application, the applicant may request in writing
and, if requested, the department shall provide an informal review
of the application. The review shall include the applicant, the
department,
and the departments department
of agriculture, and
environmental
quality, if applicable. After the
informal review, if
the director determines that the proposed cervidae livestock
facility or cervidae livestock operation complies with the
requirements of this act, the director shall issue a registration
within 30 days after the applicant notifies the department of
completion of the facility. After the informal review, if the
director determines that the proposed cervidae livestock facility
or cervidae livestock operation does not comply with the
requirements of this act, the director shall affirm the denial of
the application in writing and specify the deficiencies needed to
be addressed or corrected in order for a registration to be issued.
The applicant may waive the informal review of the application.
(8)
As used in this subsection section, "completed
application" means an application complete on its face and
submitted with any applicable registration fees as well as any
other information, records, approval, security, or similar item
required by law or rule from a local unit of government, a federal
agency, or a private entity but not from another department or
agency of the state of Michigan.
Sec. 7. (1) At the time the construction of the cervidae
livestock facility is completed, the applicant shall notify the
department in writing. That written notice shall certify that, to
the best of the applicant's knowledge, the cervidae livestock
facility has been constructed in compliance with the requirements
of this act and in compliance with the standards for cervidae
livestock facilities. Within 30 days after notification of the
completion of the cervidae livestock facility, the director shall
inspect the cervidae livestock facility. If the director determines
that the proposed cervidae livestock facility conforms to standards
prescribed
by and adopted under this act, the director shall issue
a registration within 30 days after completion of an inspection
finding that the cervidae livestock facility conforms to this act.
The time periods described in this subsection may be extended by
the department only if the department is unable to verify the
removal of wild cervidae species, for an act of God, or in
accordance with section 6(5)(a) or (b).
(2) If the director determines that a proposed cervidae
livestock facility does not comply with the requirements of this
act, the director shall deny the application for registration. The
department shall notify in writing an applicant of the reasons for
a registration denial within 60 days after receipt of the completed
application. The notice shall specify in writing the deficiencies
to be corrected in order for a registration to be issued.
(3) Without filing a second application under this section, an
applicant may request a second inspection after the specified
deficiencies have been corrected. The department is not required to
make more than 2 preregistration inspections of the same proposed
cervidae livestock facility per application.
(4) Upon receipt of a second denial under this section and
without filing a second application, the applicant may request in
writing and, if requested, the department shall provide an informal
review of the application. The review shall include the applicant,
the
department, and the departments department
of agriculture, and
environmental
quality, if applicable. After the
informal review, if
the director determines that the proposed cervidae livestock
facility complies with the requirements of this act, the director
shall issue a registration within 30 days after the informal
review. After the informal review, if the director determines that
the proposed facility does not comply with the requirements of this
act, the director shall affirm the denial of the application in
writing and specify the deficiencies needed to be addressed or
corrected in order for a registration to be issued. The applicant
may waive the informal review of the application.
(5) The applicant may request a hearing pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328, on a denial of a registration or upon any limitations
placed upon the issuance of a registration.
(6) The department shall not return a registration fee or a
portion of a registration fee to an applicant if a registration is
denied.
Sec. 14. (1) After an opportunity for an administrative
hearing, the department may deny, suspend, revoke, or limit a
registration if the applicant or registrant fails to comply with
this
act , standards adopted or established under this act, or
orders issued by the director as a result of an administrative
action or informal departmental review conducted under this act.
(2) In addition to the provisions contained in subsection (1),
the department may deny the issuance of a registration,
modification,
or an application for decommission decommissioning or
may suspend or revoke a registration if the department, in
consultation
with the department of agriculture, or the department
of
environmental quality, or both, determines
that based upon
substantial scientific evidence, the issuance of a registration or
approval
of decommission decommissioning
will cause, or is likely
to cause, an unreasonable or adverse effect upon the environment or
upon wildlife which cannot be remedied by, or is not addressed by,
the existing standards under this act.
(3) Except in the case of an informal departmental review, the
department shall conduct an administrative proceeding under this
act pursuant to the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.