2005 Senate Bill 777 / 2006 Public Act 132

Preempt local government plant seed regulations

Introduced in the Senate

Sept. 27, 2005

Introduced by Sen. Gerald Van Woerkom (R-34)

To preempt local governments from adopting and enforcing ordinances that prohibit or regulate the labeling, sale, storage, transportation, distribution, use, or planting of agricultural, vegetable, flower, or forest tree seeds, including those that are genetically modified.

Referred to the Committee on Agriculture, Forestry, and Tourism

March 28, 2006

Reported without amendment

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

March 29, 2006

Substitute offered

To replace the previous version of the bill with one that clarifies that the bill's preemption of local regulation does not apply to an ordinance that prohibited or regulated the use of certain plants for landscaping, or noxious or invasive plants.

The substitute passed by voice vote

March 30, 2006

Substitute offered by Sen. Liz Brater (D-18)

To not preempt local government seed regulations, but instead require the state to study the issue and make recommendations.

The substitute failed 16 to 20 (details)

Passed in the Senate 26 to 10 (details)

Received in the House

March 30, 2006

Referred to the Committee on Agriculture

April 19, 2006

Reported without amendment

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

April 25, 2006

Substitute offered

To replace the previous version of the bill with one that does provides some conditional authority for local governments to adopt local seed laws. See House-passed bill for details.

The substitute passed by voice vote

Substitute offered by Rep. Chris Kolb (D-53)

To not preempt local government seed regulations, but instead require the state to study the issue and make recommendations.

The substitute failed 33 to 72 (details)

Passed in the House 74 to 32 (details)

To limit the authority of local governments to adopt and enforce ordinances that prohibit or regulate the labeling, sale, storage, transportation, distribution, use, or planting of of agricultural seeds, vegetable seeds, flower seeds, turf grass seeds, or forest tree seeds, including those that are genetically modified. An ordinance would have to be approved by the state Agriculture Commission, and could be allowed only if it prohibits or regulates "unreasonable adverse effects on the environment or public health," or if the local government has determined the seeds will result in the violation of other existing state or federal laws. The Department of Agriculture would have to hold a public hearing on the ordinance, and issue an opinion regarding whether it meets these standards.

Received in the Senate

April 26, 2006

April 27, 2006

Passed in the Senate 24 to 12 (details)

To concur with the House-passed version of the bill, which lets a local government adopt a seed ordinance, but only if the state Agriculture Commission agrees it meets certain standards.

Signed by Gov. Jennifer Granholm

May 5, 2006