HB-4560, As Passed House, April 20, 2005
March 24, 2005, Introduced by Reps. Moore, Emmons, Kathleen Law, Vander Veen, Stewart, McDowell, Farrah, Leland, Sak, Plakas, LaJoy and Taub and referred to the Committee on Agriculture.
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 the title and section 9 (MCL 286.259) and by adding
section 10.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
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 and civil sanctions; and to provide remedies.
Sec.
9. Any person who shall violate any of the provisions
of
this
act, shall be adjudged A
person who maintains a public
nuisance in violation of section 3 or otherwise violates this act,
except
as provided in section 10, is guilty of
a misdemeanor , and
upon
conviction be fined punishable
by a fine of not less than
$25.00
or more than $100.00 for each and every offense, or by
imprisonment in
the county jail for a period of not to
exceed
more
than 90 days, or by
both. such fine and imprisonment at the
discretion
of the court; and the amount collected in fines shall be
paid
to the commissioner of agriculture and by the commissioner of
agriculture
turned into the state treasury and be used to help to
defray
the expenses of the enforcement of this act, in addition to
the
regular annual appropriation for the state department of
agriculture.
All rules and regulations shall be issued and
promulgated
in accordance with the provisions of Act No. 88 of the
Public
Acts of 1943.
Sec. 10. (1) A person who violates a rule promulgated or order
issued under this act that requires the destruction of plants is
responsible for a state civil infraction and shall be fined not
more than $1,000.00 plus expenses incurred by the department in
destroying the plants.
(2) A person who violates a quarantine rule promulgated or
quarantine order issued under this act is responsible for a state
civil infraction and shall be fined not less than $1,000.00 or more
than $10,000.00. However, if the person voluntarily reported the
violation to the department before it was otherwise known to the
department or the person had reason to believe the violation was
about to become known to the department, the person shall be fined
not more than $500.00.
(3) A person who knowingly violates a quarantine rule
promulgated or quarantine order issued under this act is guilty of
a misdemeanor and may be imprisoned for not more than 1 year and
shall be fined not less than $1,000.00 or more than $10,000.00.
(4) A person who intentionally violates a quarantine rule
promulgated or quarantine order issued under this act, for the
purpose of causing damage to plants, natural resources, or
agricultural, silvicultural, or horticultural products or
resources, is guilty of a felony punishable by imprisonment for not
more than 5 years or a fine of not more than $250,000.00, or both.
(5) A person who violates a quarantine rule promulgated or
quarantine order issued under this act is liable for any damages to
plants, natural resources, or agricultural, silvicultural, or
horticultural products or resources resulting from the violation,
including, but not limited to, costs incurred to investigate,
monitor, prevent, or minimize such damages.