Act No. 80

Public Acts of 2005

Approved by the Governor

July 19, 2005

Filed with the Secretary of State

July 19, 2005

EFFECTIVE DATE: July 19, 2005

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2005

Introduced by Senators Gilbert, Birkholz, Allen, Toy, Patterson, Van Woerkom, Hardiman, Hammerstrom and Basham

ENROLLED SENATE BILL No. 215

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding sections 41311 and 41313.

The People of the State of Michigan enact:

Sec. 41311. (1) The invasive species fund is created within the state treasury.

(2) The department shall forward to the state treasurer and the state treasurer shall deposit into the fund civil fines and permit fees collected under this part. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.

(4) The department shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:

(a) The administration of this part.

(b) Public education about preventing the introduction of, controlling, or eradicating prohibited species, restricted species, and other nonnative species and genetically engineered fish, insects, and aquatic plants.

Sec. 41313. The department shall post on its website all of the following:

(a) Information on the requirements of this part applicable to the public.

(b) The penalties for violating the requirements of this part.

(c) A list of prohibited species and restricted species along with a description and a photograph or drawing of each of those species.

(d) Each annual report of the council under section 41323, for not less than 3 years after its issuance.

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. 213.

(d) House Bill No. 4714.

(e) House Bill No. 4715.

(f) House Bill No. 4716.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor