Bill Text: MI HB6199 | 2021-2022 | 101st Legislature | Engrossed
Bill Title: Agriculture: diseases and pests; notification to legislature of dangerous insects or infectious diseases found to exist; require. Amends secs. 1 & 5 of 1945 PA 72 (MCL 286.251 & 286.255).
Spectrum: Partisan Bill (Republican 14-0)
Status: (Engrossed - Dead) 2022-09-27 - Referred To Committee On Oversight [HB6199 Detail]
Download: Michigan-2021-HB6199-Engrossed.html
HOUSE BILL NO. 6199
A bill to amend 1945 PA 72, entitled
"An act to prevent the importation from other states, and the spread within this state, of all serious insect pests and contagious plant diseases and to provide for their repression and control, imposing certain powers and duties on the commissioner of agriculture; to prescribe penalties for the violation of the provisions of this act; and to repeal certain acts and parts of acts,"
by amending sections 1 and 5 (MCL 286.251 and 286.255), section 5 as amended by 2002 PA 175.
the people of the state of michigan enact:
Sec. 1. (1) It shall be the duty of the commissioner of agriculture whenever it comes to his attention It is the duty of the director, when he or she knows or has reason to know that any of the dangerous insects or infectious diseases exist or are supposed to exist within this state, to proceed without delay to and examine the trees, shrubs, vines, plants, or fruits supposed to be infested or infected and all other such trees, shrubs, vines, plants, or fruit, as he may deem or she considers advisable. If upon examination destructive insects or dangerously infectious diseases are found to exist, a distinguishing mark shall must be placed on the trees, shrubs, vines, or plants and a written notice shall must be served upon on the owner of the trees, shrubs, or vines, or his or her agent, with recommendations. When
(2) If the owner or his or her agents cannot be found it shall be the duty of in accordance with subsection (1), the commissioner of agriculture director or his deputies to give or her deputy shall provide general notice in the following manner to every owner, possessor, or occupier of land and to every person or persons, firm, or corporation having charge of any land in this state, whereon where neglected, abandoned, or semi-abandoned fruit trees are growing, to cut and destroy such plants; 4 the fruit trees. Four notices must be provided under this subsection, and each notice must not be less than 1 foot square shall and must be printed in clear readable type and posted 1 in each of in 4 conspicuous places in the area. , at At least 1 to be notice under this subsection must be posted on the property. The posting of such notices shall take place under this subsection must be posted at least 15 days prior to before the date upon which the trees must be cut. At the time of posting, said notices a copy of the same shall be mailed notices under this subsection must be mailed to every owner, possessor, or occupant or occupier of land and to every person or persons, firm, or corporation financially interested therein, or having charge of any lands in this state, whereon where neglected or abandoned trees are growing, whose postoffice if a mailing address is known.
(3) In case the After receiving a notice under subsection (1) or (2), if an owner refuses to accept the opinion of the inspector or inspectors, regarding the nature of an insect or a disease, or the remedy, that shall be employed he or she may appeal , within 10 days, to the commissioner of agriculture director by serving a written notice of such the appeal. The commissioner of agriculture director shall as soon as practicable investigate the matter and order the proper treatment, and his or her opinion or orders shall be are final. In cases where If the owner appeals to the commissioner of agriculture, director under this subsection and the findings of the original inspector or inspectors are approved, the any expense incurred as a result of appeal shall must be paid by the owner.
(4) Within 24 hours after issuing a notice under subsection (1) or (2), the director or his or her agent shall notify the senate and house of representatives in writing.
(5) As used in this section, "director" means the director of the department of agriculture and rural development.
Sec. 5. (1) The director of the department of agriculture and his or her inspectors, deputies, assistants, and employees may enter do both of the following:
(a) Enter upon any premises in the this state for the purpose of examining trees, shrubs, vines, and plants for the presence of destructive insects or diseases. , and, if any such
(b) If any insects or diseases are found, may, under the provisions of this act, take the steps as may be necessary to exterminate them. No damage shall be awarded for the destruction of any trees, shrubs, vines, plants, or fruit or for injury to same if done by the director of the department of agriculture or his or her authorized inspectors and assistants, in accordance with the provisions of this act, and the director considers it necessary in order to suppress dangerous insects and diseases, when the trees, shrubs, vines, and plants have already been attacked by dangerous insects or diseases. Whenever any the insects or diseases.
(2) If a dangerous plant disease , or destructive insect, which is new to or which has not become widely prevalent or distributed through or within the this state, is found upon any trees, shrubs, vines, or plants, in case and it is considered necessary in order to prevent the spread and the dissemination of said the plant disease or destructive insect, or disease, the director of the department of agriculture may cause any tree, shrub, vine, or plant likely to be attacked by such the plant disease or destructive insect, or disease, and which are any tree, shrub, vine, or plant growing within 3,000 feet of where the dangerous plant disease or dangerous insect or disease has been is found, to be treated with approved remedies, or, if this is not feasible, to be destroyed. However, if it becomes necessary to destroy any trees, shrubs, vines, or plants which have not already become attacked by said new and dangerous insect or disease, the
(3) The owner of the trees, shrubs, vines, or plants destroyed under subsection (2) shall be recompensed compensated for their the actual value , the of the trees, shrubs, vines, or plants. The amount to of compensation under this subsection must be fixed by 3 parties, 1 party to be selected by the owner, another party to be selected by the director, of the department of agriculture, and the third party to be selected by the other 2 so selected. parties. The director shall approve and certify to the state treasurer the amount awarded. , when approved by the director of the department of agriculture, shall be certified to the The state treasurer , who shall draw a warrant on the state treasurer for the payment of the same from the general fund of the this state.
(4) As used in this section, "director" means the director of the department of agriculture and rural development.
