HB-4562, As Passed Senate, June 9, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4562

     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 section 28.

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

     (9) Beginning September 1, 2005, violations described in

this section are not subject to section 24 or 26.