February 16, 2006, Introduced by Reps. Stahl, Baxter, Proos, Booher, Hansen, Pavlov, Emmons, Huizenga, Newell, Farhat, Garfield, Mortimer, Nitz, Casperson, Hune, Meyer, Ball, Mayes and Vander Veen and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 8601c, 8609, and
8611.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8601c. As used in this part:
(a) "Complaint" means an allegation that suggests that a farm
or farm operation violated or is violating this act or a rule
promulgated or permit issued under this act.
(b) "Department" means the department of environmental
quality.
(c) "Director" means the director of the department or his or
her designee to whom the director delegates a power or duty by
written instrument.
(d) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(e) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(f) "Unverified complaint" means a complaint that, as
determined by the director, does not specifically identify a
violation of this act or a rule promulgated or permit issued under
this act.
Sec. 8609. The department shall not act upon a complaint
unless the complainant provides the department with his or her name
and address. The name and address of the complainant shall be
disclosed by the department upon request.
Sec. 8611. A complainant who brings more than 2 unverified
complaints against the same farm or farm operation within 2 years
may be ordered, by the director, to pay to the department the full
costs of investigation of any third or subsequent unverified
complaint brought against the same farm or farm operation within
that 2-year period.
Enacting section 1. This amendatory act takes effect 180 days
after the date it is enacted.
Enacting section 2. 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.____ or House Bill No. 5712(request no.
04881'05 *).
(b) Senate Bill No.____ or House Bill No. 5711(request no.
05471'05 *).
(c) Senate Bill No.____ or House Bill No. 5713(request no.
05472'05).
(d) Senate Bill No.____ or House Bill No. 5715(request no.
05474'05 *).
(e) Senate Bill No.____ or House Bill No. 5716(request no.
05814'06).