Bill Text: MI HB5770 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Agriculture; animals; second perimeter fence around privately owned cervidae facilities; require, and require update of applicable operational standards. Amends sec. 6 of 2000 PA 190 (MCL 287.956). TIE BAR WITH: HB 5771'18, HB 5772'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-04-11 - Bill Electronically Reproduced 04/10/2018 [HB5770 Detail]

Download: Michigan-2017-HB5770-Introduced.html

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HOUSE BILL No. 5770

 

 

April 10, 2018, Introduced by Reps. Barrett, Lower and Albert and referred to the Committee on Agriculture.

 

     A bill to amend 2000 PA 190, entitled

 

"Privately owned cervidae producers marketing act,"

 

by amending section 6 (MCL 287.956), as amended by 2006 PA 561.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 6. (1) The initial application to construct a cervidae

 

livestock facility shall must 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 Except as otherwise provided in this subsection, 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 Within 1 year after the

 

effective date of the 2018 amendatory act that amended this

 

subsection and every 5 years after that date, the department shall,

 

after consultation with the department of agriculture and rural

 

development and with concurrence of the commissions of natural

 

resources commission and the commission of agriculture may, by

 

amendment of this act, amend or and rural development, revise and

 

update the standards adopted in this subsection and shall utilize

 

those updated standards. Before issuing any registration under this

 

act, the director shall verify, through written confirmation, both

 

all 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 287.745.287.746.

 

     (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 rural

 

development and the department of 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). Beginning 1 year

 

after the effective date of the 2018 amendatory act that amended

 

this subsection, a renewal or initial applicant must provide a

 

second perimeter fence that is in compliance with the operational

 

standards incorporated by reference under subsection (1). The

 

department shall determine the required distance between the first

 

perimeter fence and the second perimeter fence.

     (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, 324.3134, 324.30101 to

 

324.30113, and 324.30301 to 324.30323, 324.30328, 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, the The department shall issue or deny 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 The department shall issue or deny a renewal application

 

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, 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 the department shall place 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 must include the applicant,

the department, and the departments department of agriculture and

 

rural development, and the department of 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, "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.this state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5771 (request no.

05140'17).

 

     (b) Senate Bill No.____ or House Bill No. 5772 (request no.

 

05270'18).