2005 Senate Bill 669 / Public Act 283

Clarify food processors nuisance complaint jurisdiction

Introduced in the Senate

June 29, 2005

Introduced by Sen. Tony Stamas (R-36)

To establish that the Department of Agriculture has exclusive jurisdiction regarding any nuisance complaints filed against existing food processors under the Agricultural Processing Act, rather than, say, the courts or the Department of Environmental Quality. This includes but is not limited to sugar beet processors.

Referred to the Committee on Agriculture, Forestry, and Tourism

To delineate in which areas of law the Department of Agriculture has jurisdiction regarding any nuisance complaints filed against existing food processors under the Agricultural Processing Act, and in which areas the Department of Environmental Quality has jurisdiction. This includes but is not limited to sugar beet processors.

Sept. 27, 2005

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Oct. 5, 2005

Substitute offered

To replace the previous version of the bill with one that delineates the roles of the Department of Agriculture and the Department of Environmental Quality regarding nuisance complaints. See Senate-passed bill for details.

The substitute passed by voice vote

Oct. 6, 2005

Passed in the Senate 36 to 0 (details)

To delineate the roles of the Department of Agriculture and the Department of Environmental Quality regarding nuisance complaints filed against food processors. The bill would also require these agencies to conduct an inspection within 10 working days of receiving a complaint, instead of 60 days, and would prohibit a court from acting on a nuisance complaint until all administrative remedies were exhausted.

Received in the House

Oct. 6, 2005

Referred to the Committee on Agriculture

Nov. 9, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 1, 2005

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Dec. 6, 2005

Amendment offered by Rep. Joe Hune (R-47)

To clarify certain definitions and statutory references in the bill.

The amendment passed by voice vote

Passed in the House 104 to 0 (details)

To delineate the roles of the Department of Agriculture and the Department of Environmental Quality regarding nuisance complaints filed against food processors. The bill would also require these agencies to conduct an inspection within 10 working days of receiving a complaint, instead of 60 days, and would prohibit a court from acting on a nuisance complaint until all administrative remedies were exhausted.

Received in the Senate

Dec. 7, 2005

Dec. 8, 2005

Passed in the Senate 35 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 19, 2005