March 15, 2005, Introduced by Reps. Amos, Nitz, David Law, Pastor, Garfield, Hummel, Booher, Brandenburg, Emmons, Mortimer, Drolet, Gosselin, Leland, Kathleen Law, Plakas and Polidori and referred to the Committee on Agriculture.
A bill to amend 1964 PA 283, entitled
"Weights and measures act,"
by amending section 31a (MCL 290.631a), as added by 2002 PA 208.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 31a. (1) The director, upon determination that a person
who, by himself or herself, his or her agent or employee, or as the
agent or employee of another, has violated this act or rules
promulgated under this act, may enter into a consent agreement for
the assessment of a civil fine as follows:
(a) For a first violation, not less than $50.00 and not more
than $1,000.00 plus the amount of any economic benefit associated
with the violation.
(b) For a second violation within 2 years of the first
violation,
not less than $100.00 $1,000.00 or not more than
$5,000.00
$7,500.00 plus actual costs
of the investigation and the
amount of any economic benefit associated with the violation.
(c) For a third violation within 2 years from the date of the
first
violation, not less than $500.00 $2,000.00 or not more
than $10,000.00 plus actual costs of the investigation and the
amount of any economic benefit associated with the violation.
(2) If a person alleged to have violated this act or rules
promulgated under this act does not enter into a written consent
agreement as described in subsection (1), the director may do
either of the following:
(a) Initiate a criminal prosecution.
(b) Commence an administrative hearing conducted pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328, in the case of a person holding a registration under
this act, or commence a civil violation proceeding in a court of
competent jurisdiction regarding any other person.
(3) Upon finding a violation of any provision of this act or
rules promulgated under this act as a result of the commencement of
an action under subsection (2)(b), the director shall assess an
administrative fine or a civil fine of not more than $10,000.00
plus actual costs of the investigation and the amount of any
economic benefit associated with the violation.
(4) The decision of the director pursuant to a proceeding
under this section is subject to appropriate judicial review as
provided by law.
(5) The director shall advise the attorney general of the
failure of any person to pay an administrative fine or civil fine
imposed under this section. The attorney general shall bring an
action in a court of competent jurisdiction to recover the fine.
(6) Any civil fines or recovery of any economic benefits
associated with a violation of this act and collected under this
section shall be paid to the general fund and credited to the
department for the enforcement of this act.