HB-4562, As Passed House, April 20, 2005
March 24, 2005, Introduced by Reps. Newell, Emmons, Kathleen Law, Vander Veen, Stewart, Leland, McDowell, Farrah, Sak, Plakas, LaJoy and Taub and referred to the Committee on Agriculture.
A bill to amend 1931 PA 189, entitled
"The insect pest and plant disease act,"
(MCL 286.201 to 286.226) by amending the title, as amended by 1984
PA 88, and by adding sections 28 and 29.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to regulate the sale and distribution of nursery stock,
plants, and plant products; to prevent the introduction into and
the dissemination within this state of insect pests and plant
diseases; to provide for the destruction and control of insect
pests and plant diseases; to provide for the destruction or
treatment of certain plants by owners of certain
fruit trees or
plant products; to provide for license and to provide for
inspection; and imposing certain powers and duties on the director
of
agriculture; to provide for the promulgation of rules; and
to
prescribe penalties and civil sanctions; and to provide remedies.
Sec. 28. (1) A person, other than a person who is required to
be licensed under this act, who violates section 20 or an order
issued under section 20 is responsible for a state civil infraction
and shall be fined not more than $1,000.00 plus expenses incurred
by the department in abating the nuisance.
(2) If a person who is required to be licensed under this act
violates section 20 or an order issued under this section 20, the
director shall impose on the person an administrative fine of not
more than $1,000.00 plus expenses incurred by the department in
abating the nuisance.
(3) A person, other than a person who is required to be
licensed under this act, who violates section 23 or a rule
promulgated or regulation issued under section 23, or who violates
section 18(b) or a permit issued under section 18(b) with respect
to an insect pest or plant disease that is the basis of a
quarantine imposed by the director or the United States department
of agriculture, 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.
(4) If a person who is required to be licensed under this act
violates section 23 or a rule promulgated or regulation issued
under section 23, or violates section 18(b) or a permit issued
under section 18(b) with respect to an insect pest or plant disease
that is the basis of a quarantine imposed by the director or the
United States department of agriculture, the director shall impose
on the person an administrative fine of 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 director shall
impose on the person an administrative fine of not more than
$500.00.
(5) A person who knowingly violates section 23 or an order
issued or rule promulgated under section 23, or who knowingly
violates section 18(b) or a permit issued under section 18(b) with
respect to an insect pest or plant disease that is the basis of a
quarantine imposed by the director or the United States department
of agriculture, 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.
(6) A person who intentionally violates section 23 or an order
issued or rule promulgated under section 23, or who intentionally
violates section 18(b) or a permit issued under section 18(b) with
respect to an insect pest or plant disease that is the basis of a
quarantine imposed by the director or the United States department
of agriculture, for the purpose of causing damage to plants, plant
products, 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.
(7) A person who violates section 23 or a rule promulgated or
order issued under section 23, or who violates section 18(b) or a
permit issued under section 18(b) with respect to an insect pest or
plant disease that is the basis of a quarantine imposed by the
director or the United States department of agriculture, is liable
for any damages to plants, plant products, 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.
(8) As used in this section, "person" means that term as
defined in section 16a.
Sec. 29. Violations described in section 28 are not subject to
section 24 or 26.