SB-0195, As Passed House, May 26, 2005

SUBSTITUTE FOR

SENATE BILL NO. 195

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending sections 12411 and 12431 (MCL 333.12411 and 333.12431).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 12411. (1) A person shall not operate an agricultural

labor camp or cause to be operated or allow an agricultural labor

camp to be occupied and used as an agricultural labor camp, without

a license. The agricultural labor camp shall be operated only while

the license remains in effect. The camp operator shall post the

license or the license placard issued by the department in a

conspicuous place in the agricultural labor camp to which it

applies. The license or placard shall continue to remain posted

during the entire time the agricultural labor camp is operated.

     (2) A person shall not construct or alter for occupancy or

use, an agricultural labor camp or any portion or facility thereof,

or convert a property for use or occupancy as an agricultural labor

camp, without giving written notice of the intent to do so to the

department at least 30 days before the date of beginning the

construction, enlargement, or conversion. The notice shall give the

name of the city, village, or township in which the property is

located, the location of the property within that area, a brief

description of the proposed construction, enlargement, or

conversion, the name and mailing address of the person giving the

notice, and the person's telephone number, if any.

     (3) A person is not in violation of subsection (1) if the sole

reason the person is operating the agricultural labor camp without

a license is due to the failure of the department to respond within

a timely manner to an application submitted in accordance with

section 12412.

(4) In addition to any other penalty provided under this part,

a person who violates subsection (1) by operating an agricultural

labor camp without a license is subject to an administrative civil

fine of not more than $1,000.00. Each day a person operates without

a license is a separate violation, however the total administrative

civil fine for continued noncompliance shall not exceed $10,000.00. 

All fines collected under this subsection shall be credited to the

migratory labor housing fund created under section 12431.

     Sec. 12431.  (1) A migratory labor housing fund is created and

shall receive funds appropriated by the legislature and as provided

under section 12411(4).

     (2) An employer of migratory farm laborers may receive a grant

from the fund of not more than 50% of the costs of an extensive

remodeling which costs shall not exceed $10,000.00.

     (3) A grant pursuant to subsection (2) may be made on the

basis of a matching payment, grant, or other aid from a person or

the federal government.

     (4) A grant shall not be made if the remodeling does not meet

the requirements of a law or rule.

     (5) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.