HOUSE BILL No. 5136


     October 3, 2001, Introduced by Reps. Meyer, Sanborn, Kowall, Vander Veen, Spade, Pappageorge and Van Woerkom and referred to the
Committee on Agriculture and Resource Management.


        A bill to amend 1961 PA 236, entitled

   "Revised judicature act of 1961,"

   (MCL 600.101 to 600.9948) by adding section 2972.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 2972.  (1) A PERSON WHO INTENTIONALLY DAMAGES OR

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      DESTROYS ALL OR PART OF A FIELD CROP BELONGING TO ANOTHER PERSON

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      PRODUCED FOR 1 OR MORE OF THE FOLLOWING PURPOSES IS LIABLE IN A

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      CIVIL ACTION FOR DAMAGES AS FURTHER DESCRIBED IN SUBSECTION (2):

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           (A) PERSONAL PURPOSES.

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           (B) COMMERCIAL PURPOSES.

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           (C) CROP RESEARCH OR TESTING PURPOSES.

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           (2) THE COURT SHALL AWARD DAMAGES AS WELL AS COSTS AND FEES

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      ASSOCIATED WITH AN ACTION BROUGHT UNDER SUBSECTION (1) TO THE

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      PREVAILING PARTY IN THE FOLLOWING AMOUNTS:




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           (A) TWICE THE MARKET VALUE OF THE FIELD CROP DAMAGED OR

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      DESTROYED.

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           (B) IF APPLICABLE, THE VALUE ATTRIBUTED TO THE CROP RESEARCH

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      OR TESTING.

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           (3) AS USED IN THIS SECTION:

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           (A) "COSTS AND FEES" MEANS THE NORMAL COSTS INCURRED IN

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      BEING A PARTY IN A CIVIL ACTION AFTER AN ACTION HAS BEEN FILED

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      WITH THE COURT, THOSE PROVIDED BY LAW OR COURT RULE, AND THE

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      FOLLOWING:

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           (i) THE REASONABLE AND NECESSARY EXPENSES OF EXPERT WIT-

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      NESSES AS DETERMINED BY THE COURT.

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           (ii) THE REASONABLE COST OF ANY STUDY, ANALYSIS, ENGINEERING

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      REPORT, TEST, OR PROJECT THAT IS DETERMINED BY THE COURT TO HAVE

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      BEEN NECESSARY FOR THE PREPARATION OF THE PARTY'S CASE.

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           (B) "CROP RESEARCH OR TESTING" MEANS A CROP PRODUCED IN CON-

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      JUNCTION WITH OR AS PART OF A PRIVATE RESEARCH OR TESTING PROGRAM

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      OR FACILITY OR A RESEARCH OR TESTING PROGRAM FUNDED BY A FEDERAL,

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      STATE, OR LOCAL GOVERNMENTAL AGENCY.

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           (C) "FIELD CROP" MEANS PLANTS THAT INCLUDE, BUT ARE NOT

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      LIMITED TO, THOSE CONSIDERED AND GROWN AS PRODUCTION CROPS, ORNA-

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      MENTALS, VEGETABLES, TURF, HORTICULTURAL CROPS, INDUSTRIAL CROPS,

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      PLANTS GROWN FOR THE PRODUCTION OF PHARMACEUTICALS OR SIMILAR

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      USE, SEED PRODUCTION CROPS, AND LIVESTOCK AND ANIMAL FEED CROPS.

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           (D) "PREVAILING PARTY" MEANS THE FOLLOWING:

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           (i) IN AN ACTION INVOLVING SEVERAL REMEDIES, ISSUES, OR

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      COUNTS THAT STATE DIFFERENT CAUSES OF ACTION OR DEFENSES, THE

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      PARTY PREVAILING AS TO EACH REMEDY, ISSUE, OR COUNT.



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           (ii) IN AN ACTION INVOLVING ONLY 1 ISSUE OR COUNT STATING

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      ONLY 1 CAUSE OF ACTION OR DEFENSE, THE PARTY PREVAILING ON THE

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      ENTIRE RECORD.


















































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