Bill Text: MI SB1377 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Natural resources; nonnative species; order to ban or restrict an invasive plant species; require prior consultation with Michigan invasive plant council. Amends sec. 41302 of 1994 PA 451 (MCL 324.41302).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-11-27 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB1377 Detail]
Download: Michigan-2011-SB1377-Introduced.html
SENATE BILL No. 1377
November 27, 2012, Introduced by Senator HILDENBRAND and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 41302 (MCL 324.41302), as added by 2009 PA 52.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
41302. (1) The commission of natural resources commission
may by order add to or delete from the list of prohibited species
or restricted species under section 41301 any species other than an
insect or plant species. Before issuing an order under this
subsection,
the commission of natural resources commission shall
consult with the department of agriculture and rural development.
After
the consultation, and at least 30 days before the commission
of
natural resources commission issues the order, the department of
natural resources shall post a copy of the proposed order on the
department of natural resources' website and shall submit a copy of
the proposed order to all of the following:
(a) The legislature.
(b) The standing committees of the senate and house of
representatives with primary responsibility for any of the
following:
(i) Agricultural issues.
(ii) Environmental issues.
(iii) Natural resources issues.
(2) The commission of agriculture and rural development may by
order add to or delete from the list of prohibited species or
restricted species under section 41301 any insect or plant species.
Before issuing an order under this subsection, the commission of
agriculture and rural development shall consult with the department
of natural resources. In addition, before issuing an order under
this subsection pertaining to a plant species, the commission of
agriculture and rural development shall consult with the Michigan
invasive plant council established in response to federal executive
order 13112, dated February 3, 1999, and shall consider assessment
results for the plant from the Michigan invasive plant council's
Michigan plant invasiveness assessment system. After the
consultation process, and at least 30 days before the commission of
agriculture and rural development issues the order, the department
of agriculture and rural development shall post a copy of the
proposed
order on the department of agriculture's agriculture and
rural development's website and shall submit a copy of the proposed
order to all of the following:
(a) The legislature.
(b) The standing committees of the senate and house of
representatives with primary responsibility for any of the
following:
(i) Agricultural issues.
(ii) Environmental issues.
(iii) Natural resources issues.
(3)
The commission of natural resources commission or the
commission of agriculture and rural development, as applicable,
shall list a species as a prohibited species or restricted species
if
the commission of natural resources or commission of
agriculture,
respectively, respective
commission determines the
following:
(a) For a prohibited species, all of the following
requirements are met:
(i) The organism is not native to this state.
(ii) The organism is not naturalized in this state or, if
naturalized, is not widely distributed in this state.
(iii) One or more of the following apply:
(A) The organism has the potential to harm human health or to
severely harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are not available.
(b) For a restricted species, all of the following
requirements are met:
(i) The organism is not native to this state.
(ii) The organism is naturalized and widely distributed in this
state.
(iii) One or more of the following apply:
(A) The organism has the potential to harm human health or to
harm natural, agricultural, or silvicultural resources.
(B) Effective management or control techniques for the
organism are available.
