SENATE BILL No. 911

December 4, 2001, Introduced by Senator MC COTTER and referred to the Committee on Government Operations.

A bill to amend 1945 PA 72, entitled

"An act to prevent the importation from other states, and the

spread within this state, of all serious insect pests and conta-

gious plant diseases and to provide for their repression and con-

trol, imposing certain powers and duties on the commissioner of

agriculture; to prescribe penalties for the violation of the pro-

visions of this act; and to repeal certain acts and parts of

acts,"

by amending section 5 (MCL 286.255).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 5. The commissioner DIRECTOR of THE DEPARTMENT OF

2 agriculture and his OR HER inspectors, deputies, assistants, and

3 employes shall have authority to EMPLOYEES MAY enter upon any

4 premises in the state for the purpose of examining trees, shrubs,

5 vines, and plants for the presence of destructive insects or dis-

6 eases, and, if any such insects or diseases are found, may, under

7 the provisions of this act, take such THE steps as may be

8 necessary to exterminate them. No damage shall be awarded for

05725'01 JLB

2

1 the destruction of any trees, shrubs, vines, plants, or fruit or

2 for injury to same if done by the commissioner DIRECTOR OF THE

3 DEPARTMENT of agriculture or his OR HER authorized inspectors and

4 assistants, in accordance with the provisions of this act, :

5 Provided, It is deemed AND THE DIRECTOR CONSIDERS IT necessary

6 in order to suppress dangerous insects and diseases, when the

7 trees, shrubs, vines, and plants have already been attacked by

8 dangerous insects or diseases. Whenever any dangerous plant dis-

9 ease, or destructive insect, which is new to or which has not

10 become widely prevalent or distributed through or within the

11 state is found upon any trees, shrubs, vines, or plants, in case

12 it is deemed CONSIDERED necessary in order to prevent the

13 spread and the dissemination of said insect, or disease, the

14 commissioner DIRECTOR of THE DEPARTMENT OF agriculture may

15 cause any tree, shrub, vine, or plant likely to be attacked by

16 such insect or disease, and which are growing within 3,000 feet

17 of where said THE dangerous insect or disease has been found,

18 to be treated with approved remedies, or, if this is not feasi-

19 ble, to be destroyed. : Provided, It HOWEVER, IF IT becomes

20 necessary to destroy any trees, shrubs, vines, or plants which

21 have not already become attacked by said new and dangerous insect

22 or disease, the owner shall be recompensed for their actual

23 value, the amount to be fixed by 3 parties, 1 to be selected by

24 the owner, another by the commissioner DIRECTOR of THE DEPART-

25 MENT OF agriculture, and the third party to be selected by the

26 other 2 so selected. The amount awarded, when approved by the

27 commissioner of DIRECTOR OF THE DEPARTMENT OF agriculture,

05725'01

3

1 shall be certified to the auditor general STATE TREASURER, who

2 shall draw a warrant on the state treasurer for the payment of

3 the same from the general fund of the state.

05725'01 Final page. JLB