May 24, 2016, Introduced by Rep. Glenn and referred to the Committee on Natural Resources.
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 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 and rural development 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 rural
development and with concurrence of the commissions of natural
resources
and agriculture and rural
development may ,
by amendment
of
propose amendments to this act
, to amend or update the
standards
adopted incorporated by
reference 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 If known, 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 of agriculture and rural development
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.
inquiring as to the zoning classification of the property and
whether the use of the property for a cervidae livestock facility
is allowed within the zoning classification. The local unit or
units
of government may shall respond, within 30 days of receipt of
the written notice, indicating whether the applicant's cervidae
livestock
facility would be in violation of violate 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, 324.3134, 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 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 From
the time the department
sends notice of a deficiency in the application until the date all
of the requested information is received by the department.
(b)
The During 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 of agriculture and rural
development 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, "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
this
state. of Michigan.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.