HB-4560, As Passed Senate, June 9, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4560

     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. (1)  Any person who shall violate any of the

provisions of this act, shall be adjudged  Subject to subsection

(2), a person who maintains a public nuisance in violation of

section 3 or otherwise violates this act 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.

     (2) Beginning September 1, 2005, subsection (1) does not apply

to a violation described in section 10.

     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) Beginning September 1, 2005, 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) Beginning September 1, 2005, 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.