February 26, 2004, Introduced by Reps. Law, Spade, Plakas, Tobocman, Hopgood, Farrah, O'Neil, Anderson, Kolb, Jamnick, Minore, Gillard, Elkins, Gleason, Bieda, Lipsey, Adamini, Gieleghem and Wojno and referred to the Committee on Commerce.
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
contagious plant diseases and to provide for their repression and
control, imposing certain powers and duties on the commissioner
of agriculture; to prescribe penalties for the violation of the
provisions of this act; and to repeal certain acts and parts of
acts,"
by amending sections 6 and 9 (MCL 286.256 and 286.259).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 6. The
commissioner of agriculture is hereby
2 authorized to make
such rules and regulations and establish such
3 quarantines as he
shall deem necessary for the proper enforcement
4 of this act, and all
orders, rules and regulations promulgated by
5 the commissioner of
agriculture pursuant to the act shall have
6 the force and effect
of law. To implement or enforce
this act,
7 the director of agriculture may issue orders or may promulgate
8 rules pursuant to the administrative procedures act of 1969, 1969
1 PA 306, MCL 24.201 to 24.328.
2 Sec. 9. Any
person who shall violate any of the provisions
3 of this act, shall be
adjudged guilty of a misdemeanor, and upon
4 conviction be fined
not less than $25.00 or more than $100.00 for
5 each and every
offense, or by imprisonment in the county jail for
6 a period of not to
exceed 90 days, or by both such fine and
7 imprisonment at the
discretion of the court; and the amount
8 collected in fines
shall be paid to the commissioner of
9 agriculture and by the
commissioner of agriculture turned into
10 the state treasury and
be used to help to defray the expenses of
11 the enforcement of
this act, in addition to the regular annual
12 appropriation for the
state department of agriculture. All rules
13 and regulations shall
be issued and promulgated in accordance
14 with the provisions of
Act No. 88 of the Public Acts of 1943.
15 (1) A person, other than a person who is required to be
16 licensed under the insect pest and plant disease act, 1931 PA
17 189, MCL 286.201 to 286.226, who violates this act or a rule
18 promulgated or order issued under this act is responsible for a
19 state civil infraction and shall be fined not less than $1,000.00
20 or more than $10,000.00. However, if the person voluntarily
21 reported the violation to the department before it was otherwise
22 known to the department or the person had reason to believe the
23 violation was about to become known to the department, the person
24 shall be fined not more than $500.00.
25 (2) If a person who is required to be licensed under the
26 insect pest and plant disease act, 1931 PA 189, MCL 286.201 to
27 286.226, violates this act or a rule promulgated or order issued
1 under this act, the director of agriculture shall impose on the
2 person an administrative fine of not less than $1,000.00 or more
3 than $10,000.00. However, if the person voluntarily reported the
4 violation to the department before it was otherwise known to the
5 department or the person had reason to believe the violation was
6 about to become known to the department, the director of
7 agriculture shall impose on the person an administrative fine of
8 not more than $500.00. Upon the request of the person against
9 whom an administrative fine is imposed, the director of
10 agriculture shall conduct an evidentiary hearing under the
11 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
12 24.328. If the person fails to pay the administrative fine, both
13 of the following apply:
14 (a) The director of agriculture shall notify the attorney
15 general and the attorney general may bring a civil action to
16 recover the administrative fine.
17 (b) There is sufficient cause for the director to suspend the
18 person's license under section 13 of the insect pest and plant
19 disease act, 1931 PA 189, MCL 286.213.
20 (3) A person who does either of the following is guilty of a
21 felony punishable by imprisonment for not more than 5 years or a
22 fine of not more than $250,000.00, or both:
23 (a) Knowingly violates this act or a rule promulgated or
24 order issued under this act.
25 (b) Intentionally violates this act or a rule promulgated or
26 order issued under this act for the purpose of causing damage to
27 natural resources or agricultural, silvicultural, or
1 horticultural products or resources in this state.
2 (4) A person who violates this section is liable for any
3 damages to natural resources or agricultural, silvicultural, or
4 horticultural products or resources resulting from the violation,
5 including, but not limited to, costs incurred to prevent or
6 minimize such damages.