SB-0213, As Passed Senate, June 30, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 213

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 41305 (MCL 324.41305), as added by 2003 PA 270,

and by adding section 41306.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 41305.  (1) Unless authorized by a permit issued by the

department under this section or section 48735, a person shall not

knowingly release or allow to be released into this state any of

the following that is not naturalized in the location of release:

     (a) A genetically engineered fish.

     (b) A nonnative fish.

     (2) A person shall apply for a permit under subsection (1) on

a form developed by the department. The application shall be

accompanied by a fee established by the department based on the

cost of administering this part.

     (3) The department may revoke or modify a permit issued under

this section after providing an opportunity for a hearing under the

administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

24.328. A person shall not introduce a prohibited species, a

restricted species, or a genetically engineered or nonnative fish

or aquatic plant unless the introduction is authorized by 1 of the

following, as applicable:

     (a) For a fish, by a permit issued by the department under

section 48735.

     (b) For a prohibited species or restricted species that is an

insect, by a permit issued by the department of agriculture under

section 41306.

     (c) For an aquatic plant, by a permit issued by the department

under section 41306.

     Sec. 41306. (1) A person shall apply for a permit that section

41303 or 41305 describes as being issued by the department or the

department of agriculture under this section on a form developed by

the department or the department of agriculture, respectively. The

application shall be accompanied by a fee based on the cost of

administering this part. The department or the department of

agriculture, respectively, shall either grant an administratively

complete application and issue a permit or deny the application.

     (2) The department or the department of agriculture may revoke

or modify a permit issued by the department or the department of

agriculture, respectively, under subsection (1) after providing an

opportunity for a hearing under the administrative procedures act

of 1969, 1969 PA 306, MCL 24.201 to 24.328.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

     (a) Senate Bill No. 211.

     (b) Senate Bill No. 212.

     (c) Senate Bill No. 215.

     (d) House Bill No. 4714.

     (e) House Bill No. 4715.

     (f) House Bill No. 4716.