REPEAL OF AGRICULTURE-RELATED BILLS

House Bill 5050 as enacted

Public Act 250 of 2016

Sponsor:  Rep. Dave Pagel

House Bill 5051 as enacted

Public Act 251 of 2016

Sponsor:  Rep. Edward J. Canfield

House Bill 5052 as enacted

Public Act 252 of 2016

Sponsor:  Rep. Triston Cole

House Bill 5053 as enacted

Public Act 253 of 2016

Sponsor:  Rep. Holly Hughes

House Bill 5054 as enacted

Public Act 254 of 2016

Sponsor:  Rep. Martin Howrylak

House Bill 5055 as enacted

Public Act 255 of 2016

Sponsor:  Rep. John Bizon, M.D.

House Bill 5059 as enacted

Public Act 256 of 2016

Sponsor:  Rep. Tom Barrett

House Bill 5060 as enacted

Public Act 257 of 2016

Sponsor:  Rep. Jason M. Sheppard

House Committee:  Agriculture

Senate Committee:  Agriculture

Revised 3-28-19

SUMMARY:

Taken together, these bills repealed acts or sections of acts that were considered outdated or that were covered by other sections of Michigan law or federal statute. The bills took effect September 26, 2016. A complete listing of the acts affected by the bills follows.

House Bill 5050 repealed 1929 PA 72, which did the following:

·         Encouraged the breeding of horses.

·         Regulated the public service of stallions.

·         Required the registration of stallions.

·         Provided for the compilation and publication of statistics relative to horse breeding, for liens, and for penalties for violation of the act.

 

House Bill 5051 repealed 1889 PA 226, which did the following:

·         Provided for the collection of specific taxes from corporations, co-partnerships, parties, or persons, subject to the payment of such taxes under any laws of this state.

·         Fixed the time when such taxes became a lien upon the property of such corporations, co-partnerships, parties, or persons.

·         Defined the property to which such a lien would be attached.

House Bill 5052 repealed 1913 PA 340, which prohibited and punished the sale of immature and unwholesome calves, pigs, kids, and lambs.

House Bill 5053 repealed sections 1 through 7 of 1939 PA 309. The repealed sections related to the tattooing of dogs for identification and registration purposes. The bill retained section 8 of the act (MCL 287.308), which provides penalties for stealing a dog registered under the act or for possessing or holding a stray dog under certain circumstances. However, since dogs can no longer be registered under the act since House Bill 5053 repealed those provisions, the first part of the section is also effectively obsolete.

House Bill 5054 repealed section 12 of the Insect Pest and Plant Disease Act, which involved licenses to sell nursery stocks.

Section 12 stated that each agent of a resident or nonresident nurseryman, dealer, or grower who solicited or took orders for or sold nursery stock in this state had to carry an agent's permit issued by the director upon payment by the principal employing such agent or agents of a $5 license fee for each permit issued upon the request of the agent's principal. An agent's permit expired annually on October 31.

Every nurseryman, dealer, or grower who solicited or took orders or sold nursery stock in this state through resident or nonresident agents also had to file and maintain in the office of the director a complete and current list of the names and addresses of all such agents. The filed list of agents was confidential and could not be divulged by employees of the Department of Agriculture, except in case of judicial or quasi-judicial proceedings. Agents' permits could not be transferred.

House Bill 5055 repealed 1983 PA 220, which pertained to silos treated with polychlorinated biphenyls (PCBs). The original act stemmed from a Department of Agriculture finding in 1982 that several thousand silos erected by the former Michigan Silo Company may have been coated with a material containing PCBs, a known carcinogen. The act provided for the removal and remediation of affected silos and created a fund to that end.

House Bill 5059 repealed 1962 PA 213, which was intended to encourage the raising of started pullets—that is, any domestic fowl of the species Gallus domesticus (i.e., chickens) between the ages of 7 to 24 weeks—for the purpose of egg production.

House Bill 5060 repealed 1929 PA 134, which regulated the sale of livestock and poultry remedies—that is, all condimental feeds, medicated stock foods, medicinal stock foods, stock food tonics, stock powders, condition powders, conditioners, animal regulators, proprietary medicines, or any preparations of like nature in either solid or liquid form used for any animal except man, and administered internally for the purported purpose of stimulating, invigorating, curing ailments, or other reasons. The act did not apply to remedies prescribed and used by a licensed veterinarian for use in connection with his or her own practice or to the preparation and sale of remedies by registered pharmacists or registered assistant pharmacists operating in licensed drug stores.

                                                                                        Legislative Analysts:   Josh Roesner

                                                                                                                           Rick Yuille

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.