HB-4503, As Passed House, June 30, 2011

SUBSTITUTE FOR

HOUSE BILL NO. 4503

A bill to regulate facilities used for raising and hunting of

sporting swine; to regulate sporting swine livestock operations as

agricultural enterprises in this state; to provide powers and

duties of certain state agencies and officials; to authorize the

issuance of certain orders; and to prescribe penalties and provide

remedies.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1. This act shall be known and may be cited as the

"sporting swine marketing act".

Sec. 2. As used in this act:

(a) "Biosecurity" means measures, actions, or precautions

taken to prevent the transmission of disease in, among, or between

privately owned swine, livestock, wildlife, and other animals.

(b) "Business plan" means a written document that defines the

methods, protocols, or procedures that a person intends to

implement for operations that are in compliance with this act.

in section 2 of the privately owned cervidae producers marketing

act, 2000 PA 190, MCL 287.952.

(d) "Department" means the department of natural resources.

(e) "Director" means the director of the department or his or

her designee.

(f) "Feral swine" means that term as it is defined in section

3 of the animal industry act, 1988 PA 466, MCL 287.703.

(g) "Flush" or "flushed" means to move or chase wildlife from

a sporting swine livestock operation.

(h) "Fund" means the sporting livestock fund created in

section 13.

(i) "Law enforcement officer" means a person appointed by the

state or a local governmental unit who is responsible for the

enforcement of the criminal laws of this state.

(j) "Livestock" means that term as it is defined in section 5

of the animal industry act, 1988 PA 466, MCL 287.705.

(k) "Official identification" means that term as it is defined

in section 6 of the animal industry act, 1988 PA 466, MCL 287.706.

(l) "Owner" means the person who owns or is responsible for a

sporting swine livestock operation.

(m) "Person" means an individual, partnership, corporation,

association, governmental entity, or other legal entity.

(n) "Premises identification number" means the number assigned

by the department of agriculture and rural development to identify

a sporting swine livestock operation.

(o) "Qualified pseudorabies negative herd" means that term as

defined in 9 CFR 85.1 or a herd that is pseudorabies negative as

identified by the director.

(p) "Registration" means a registration issued by the

department under section 10 authorizing the operation of a sporting

swine livestock operation.

(q) "Release" means to allow sporting swine not under the

direct control of the owner to become located outside the perimeter

fence of a sporting swine livestock operation.

(r) "Sporting swine" means members of the swine family raised

for the purpose of shooting or for the propagation of swine for use

in a sporting swine livestock operation.

(s) "Sporting swine breeding operation" means an operation

that contains 1 or more privately owned sporting swine involving

the producing, growing, propagating, using, transporting,

exporting, importing, or marketing of sporting swine or sporting

swine products.

(t) "Sporting swine livestock operation" means a sporting

swine breeding operation or a sporting swine shooting operation, or

both.

(u) "Sporting swine products" means any products, coproducts,

or by-products of sporting swine, including tusks, capes, hides,

meat, or any part of the animal.

(v) "Sporting swine shooting operation" means a privately

owned operation on privately controlled lands capable of holding

and containing sporting swine for the purpose of hunting.

(w) "Validated brucellosis-free herd" means that term as

defined in 9 CFR 78.1 or a herd that is brucellosis-free as

identified by the director.

Sec. 3. (1) The department shall administer this act in

consultation with the department of agriculture and rural

development.

(2) The department may conduct activities designed to develop

and assist the sporting swine industry to comply with this act.

Sec. 4. (1) A registered sporting swine livestock operation is

an agricultural enterprise and is considered to be part of the

farming and agricultural industry of this state. The department

shall ensure that registered sporting swine livestock operations

are afforded all rights, privileges, opportunities, and

responsibilities of other agricultural enterprises.

(2) Registered sporting swine livestock operations are a form

of agriculture. Registered sporting swine livestock operations and

their equipment are considered to be agricultural facilities and

equipment. A registered sporting swine livestock operation is

considered an agricultural use.

(3) Sporting swine products and sporting swine lawfully

produced, purchased, possessed, or acquired from within this state

or imported into this state are the exclusive and private property

of the owner.

(4) Any movement, importing, or exporting of sporting swine or

sporting swine products shall be in compliance with the animal

industry act, 1988 PA 466, MCL 287.701 to 287.746, and the

pseudorabies and swine brucellosis control and eradication act,

1992 PA 239, MCL 287.801 to 287.859. In addition, a live swine

shall not leave a sporting swine livestock operation unless the

owner complies with all of the following:

(a) The swine contains identification as provided in section

(b) Unless otherwise approved by the director, the swine

originates from a herd that meets both of the following

requirements:

(i) Is a qualified psuedorabies negative herd.

(ii) Is a validated brucellosis-free herd.

livestock operation, to a commercial or custom slaughter facility,

or to another location approved by the department.

Sec. 5. (1) A person shall not operate a sporting swine

livestock operation unless he or she obtains a registration from

the department or unless otherwise exempt by law. A registration

under this act does not exempt the person or sporting swine

livestock operation from requirements imposed under any other

local, state, or federal law. A sporting swine livestock operation

may be operated as both a sporting swine livestock operation and a

cervidae livestock facility if the owner meets the applicable

requirements of this act and the applicable requirements of the

privately owned cervidae producers marketing act, 2000 PA 190, MCL

287.951 to 287.969. Zoos accredited under the association of zoos

and aquariums or other accreditations or standards determined

appropriate by and acceptable to the department are exempt from

this act.

(2) Beginning 60 days after the effective date of this act, an

owner shall not operate a sporting swine livestock operation that

was in existence on the effective date of this act, unless the

owner has submitted an application under section 8.

Sec. 6. (1) A sporting swine livestock operation shall be

maintained to prevent sporting swine from escaping. Fencing shall

be approved by the department and shall comply with all of the

following:

(a) Fencing shall be a standard high-tensile game fence and

shall not contain holes larger than 4 inches by 6 inches below 2

feet.

(b) Fencing shall be constructed with fence posts at least 4

inches in diameter for wood posts and 2 inches in diameter for

metal posts and positioned not more than 20 feet apart.

at sporting swine shooting operations.

(d) Until 3 years after the effective date of this act,

fencing shall be a minimum of 5 feet high for enclosures at a

sporting swine breeding operation that was in existence on the

effective date of this act. For a sporting swine breeding operation

that begins operating after the effective date of this act and

beginning 3 years after the effective date of this act for all

sporting swine breeding operations, the following apply:

(i) For an operation with a single fence, the fencing shall be

a minimum of 8 feet high for enclosures.

(ii) For an operation with a perimeter fence that is a minimum

of 10 feet high at a sporting swine shooting operation and a

minimum of 8 feet high at a sporting swine breeding operation, an

interior enclosure fence shall be a minimum of 5 feet high.

(e) Fencing shall be constructed in compliance with at least 1

of the following:

(i) Be anchored to the ground with cement or by steel stakes at

least 24 inches belowground and placed not more than 5 feet apart.

(ii) Contain skirting of at least 1.5 feet.

(iii) Be buried to a depth of at least 12 inches.

(iv) Contain an operational electric wire.

(v) Any other methods approved by the department.

(f) Each side of the fence shall be cleared of dead trees and

dead limbs that have potential to compromise the fence structure.

(g) For a sporting swine livestock operation in existence on

the effective date of this act, trees, tree limbs, and brush for a

distance of at least 6 feet shall be cleared on at least 1 side of

the fence.

(h) For a sporting swine livestock operation that begins

operating after the effective date of this act, trees, tree

branches, and brush shall be cleared for a distance of at least 12

feet on each side of the fence.

(i) The fencing shall contain gates in compliance with all of

the following:

(i) Gates shall contain cement footings or skirting.

(ii) Gates shall be double-gated as approved by the department

or shall provide for automatic closure of the perimeter gates to

prevent the release of sporting swine.

(iii) Gates shall be constructed of continuous woven wire or

structurally stronger materials and shall meet or exceed fencing

heights as provided in this section.

(iv) Gates shall be adjusted seasonally or more often if

necessary to ensure that the bottom of the gate extends no higher

than 3 inches from the ground along the entire length.

(v) Gaps between the gate and adjacent fence shall be not more

than 4 inches on both sides.

(j) Any other requirements approved by the department.

(2) The owner or owner's designee shall conduct and complete a

weekly inspection of fencing at a sporting swine livestock

operation and shall document the weekly inspection.

(3) A sporting swine that escapes from a sporting swine

livestock operation is considered to be a feral swine. An owner

shall notify the department within 48 hours of discovery that a

sporting swine has escaped from the sporting swine livestock

operation. A sporting swine that escapes from a sporting swine

livestock operation may be killed as provided in section 4a of 1976

PA 328, MCL 433.14a.

Sec. 7. (1) All sporting swine at a sporting swine livestock

operation shall have clearly visible permanent individual official

identification, as provided for in the animal industry act, 1988 PA

466, MCL 287.701 to 287.746, and shall have a second

identification, which may be an electronic identification tag, a

tattoo, or a freeze brand. However, a sporting swine shooting

operation that was in existence on the effective date of this act

has 1 year after a registration is issued for the sporting swine

shooting operation to comply with this requirement. All swine born

on a sporting swine livestock operation after the effective date of

this act shall have the identification described in this subsection

before reaching 50 pounds.

(2) Feral swine shall not be captured and used in sporting

swine livestock operations.

(3) A person registered under this act to operate a sporting

swine livestock operation shall keep and maintain records of

production, purchases, imports, or exports necessary to establish

proof of ownership. A person transporting sporting swine shall

produce documentation that contains the origin of shipment,

registration or registration copies or documentation, documentation

demonstrating shipping destination, and any other proof that may be

required under the animal industry act, 1988 PA 466, MCL 287.701 to

287.746, or the pseudorabies and swine brucellosis control and

eradication act, 1992 PA 239, MCL 287.801 to 287.859, upon request

of the department or a law enforcement officer. An owner shall keep

records of all disease testing, sporting swine harvested, and all

purchases of sporting swine, including dates of sale and the names

and addresses of purchasers. Records shall be kept by the owner for

a minimum of 7 years. Records of the number of animals bought,

sold, killed on a sporting swine shooting operation, or died a

natural death shall be sent to the department quarterly. An owner

may submit this information to the department electronically.

(4) Viscera and other body parts from a sporting swine

livestock operation shall be disposed of in accordance with 1982 PA

239, MCL 287.651 to 287.683.

Sec. 8. (1) A person that wishes to obtain a sporting swine

House Bill No. 4503 (H-6) as amended June 30, 2011

livestock operation registration under this act shall submit an

application to the department accompanied by a registration fee and

a preregistration inspection fee as provided for in section 12. The

owner of a sporting swine livestock operation that was in existence

on the effective date of this act may submit an application under

this section beginning on the effective date of this act. An

application for a new sporting swine livestock operation may be

submitted beginning 60 days after the effective date of this act.

(2) As part of the application under subsection (1), the

applicant shall submit a business plan that complies with this act

and includes all of the following:

(a) The complete address of the proposed sporting swine

livestock operation, which shall be located on contiguous land,

including the size, location, and legal description of the land

upon which the sporting swine livestock operation will be

conducted. For purposes of this subdivision, "contiguous" means

land that touches at any point. The existence of a public or

private road, a railroad, or a utility right-of-way that separates

any part of the land does not make the land noncontiguous.

(b) A proposed site plan for the sporting swine livestock

operation including the proposed size and location of each

enclosure at the operation.

include a sporting swine breeding operation or a sporting swine

shooting operation, or both. [If the applicant requests to have both a

sporting swine breeding operation and a sporting swine shooting operation at the same sporting swine livestock operation, the department shall issue each enclosure a unique registration number but shall not require additional registration or inspection fees.]

(d) Biosecurity measures to be utilized, including, but not

limited to, a disease surveillance plan, fencing, and appropriate

animal identification as provided in section 7.

(e) The proposed method of flushing wild cervidae species from

enclosures, unless the sporting swine livestock operation is

currently registered as a cervidae livestock facility.

(f) A proposed record-keeping system.

(g) The current zoning of the property proposed as a sporting

swine livestock operation and whether the local unit or units of

government within which the sporting swine livestock operation will

be located have an ordinance regarding fences and whether the

proposed facility would be in violation of that ordinance, unless

the same property is currently registered as a cervidae livestock

facility. If a variance from an ordinance has been granted or is

being considered, the applicant shall include this information in

the application.

(3) The application submitted under subsection (1) shall

include a place where the applicant can check a box acknowledging

that the person carries liability coverage for bodily harm or

property damage in an amount not less than $1,000,000.00 per

occurrence exclusive of legal defense costs for bodily injury and

property damage to third parties caused by the release of sporting

swine from the person's sporting swine livestock operation. In lieu

of insurance under this subsection, a person may acknowledge that

the person maintains a financial mechanism approved by the

department that will provide the same level of financial

responsibility as an insurance policy. Upon request, the person

shall provide to the department proof of insurance or other

financial responsibility.

(4) The department shall process applications received under

this section in the order that they are received by the department.

Notwithstanding any other provision of this act, a sporting swine

livestock operation that was in existence on the effective date of

this act may continue in operation during the application process

until the department makes a decision on an application under this

section.

(5) Upon receipt of an application for a sporting swine

livestock operation that will be constructed after the effective

date of this act, the department shall forward a copy to the

department of agriculture and rural development. The department

shall also send a written notice to the local unit or units of

government within which the proposed sporting swine livestock

operation will be located unless the proposed sporting swine

livestock operation is registered as a cervidae livestock facility

or the department determines, from information provided in the

application, that the local unit of government has a zoning

ordinance under which the land is zoned agricultural. The local

unit or units of government may respond, within 30 days after

receipt of the written notice, indicating whether the applicant's

proposed sporting swine livestock operation would be in violation

of a currently existing ordinance. If the proposed sporting swine

livestock operation would be in violation of an ordinance, the

applicant shall obtain a variance from the local unit of

government. Failure to obtain a variance voids the application.

(6) Except as provided in subsection (9), within 60 days after

receiving an application under this section, the department shall

approve the application for a sporting swine livestock operation if

all of the following are met:

(a) The owner agrees to meet the requirements of this act and

comply with the business plan submitted to the department.

(b) The disease surveillance plan within the business plan

includes the following, as applicable:

(i) For a sporting swine shooting operation, ongoing testing

for pseudorabies virus and brucellosis using a 95/10 sampling

methodology or as otherwise determined by the director.

(ii) For a sporting swine breeding operation, testing to

maintain qualified pseudorabies negative herd status and validated

swine brucellosis-free herd status or as otherwise determined by

the director.

operation is located or is proposed to be located is not within

deer management unit number 452 identified on the 2010 deer

management unit map published by the department, unless the owner

has a verified wildlife risk mitigation plan. As used in this

subdivision, "verified wildlife risk mitigation plan" means a

written plan that contains structural and management requirements

intended to reduce the risk that a herd will become infected with

bovine tuberculosis that has been approved by the department and

verified by regulatory personnel to be in effect.

(d) The property on which the sporting swine livestock

operation is located or is proposed to be located is not under a

quarantine under the animal industry act, 1988 PA 466, MCL 287.701

to 287.746.

(e) The department has approved a site plan for the operation

under section 9. This subdivision does not apply to an operation

that is a registered cervidae livestock facility under the

privately owned cervidae producers marketing act, 2000 PA 190, MCL

287.951 to 287.969.

(f) There are fewer than 65 sporting swine livestock

operations in the state with an approved application or

registration.

(7) Within 60 days after receiving an application, if the

department determines that the applicant has not met the

requirements of subsection (6), the department shall deny the

application. Upon receipt of a denial under this section and

without filing a second application, the applicant may request in

writing and, if requested, the department shall provide an informal

department review of the application. The review shall include

input from the applicant, the department, and the department of

agriculture and rural development, if applicable. Within 30 days

after receiving a request for an informal review, the department

shall do either of the following:

(a) If the department determines that the proposed sporting

swine livestock operation complies with the requirements of

subsection (6), the department shall approve the application.

(b) If the department determines that the proposed sporting

swine livestock operation does not comply with the requirements of

subsection (6), the department shall affirm the denial of the

application in writing and specify the deficiencies needed to be

addressed or corrected in order for an approved application to be

issued. If the deficiencies are not addressed or corrected to the

department's satisfaction, the denial stands as the decision of the

department. If an application is denied under this section, the

applicant may not submit an application under this act for at least

4 years from the date of the affirmation of denial under this

subdivision.

(8) Subject to section 10, an approved application issued

under this section is valid for 3 years from the date of approval

unless an extension is granted by the department. An approved

application authorizes the construction of a sporting swine

livestock operation, but for operations not in existence on the

effective date of this act, does not authorize the sporting swine

livestock operation to be populated with sporting swine.

(9) The department shall not approve an application under this

section for a person that is convicted of a felony under this act

or the privately owned cervidae producers marketing act, 2000 PA

190, MCL 287.951 to 287.969.

Sec. 9. Upon receipt of an application for registration of a

sporting swine livestock operation under section 8, the department

shall review the proposed site plan contained in the application.

Within 30 days after receiving the application, the department

shall do either of the following:

(a) Approve the proposed site plan if it determines that the

proposed size and location of the enclosures will not place

unreasonable stress on wildlife habitat or migration corridors.

(b) Disapprove the proposed site plan if it determines that

the proposed site plan does not meet the conditions under

subdivision (a) and specify the reasons for its determination.

Sec. 10. (1) Within 6 months after the effective date of this

act, a sporting swine livestock operation that was in existence on

the effective date of this act shall come into compliance with this

act and shall submit to the department, in writing, a request for

an inspection. For a sporting swine livestock operation that was

not in existence on the effective date of this act, following

construction of the sporting swine livestock operation in

compliance with an approved application, the applicant shall submit

to the department in writing a request for an inspection.

(2) Within 30 days after receipt of a request for an

inspection under subsection (1), the department shall inspect the

sporting swine livestock operation. If the department determines

that the sporting swine livestock operation complies with this act,

the department shall issue a registration within 30 days after

completion of an inspection.

(3) If, following an inspection, the department determines

that a proposed sporting swine livestock operation does not comply

with the requirements of this act, the department shall deny the

issuance of a registration. The department shall notify in writing

an applicant of the reasons for a registration denial within 30

days after completion of the inspection. The notice shall specify

in writing the deficiencies to be corrected in order for a

registration to be issued.

(4) If the department denies the issuance of a registration

under subsection (3), the person may request a second inspection

after the specified deficiencies have been corrected. The

department is not required to make more than 2 preregistration

inspections of the same proposed sporting swine livestock operation

per application.

(5) Upon receipt of a second denial under this section and

without filing a second application, the person may request in

writing and, if requested, the department shall provide an informal

department review of the denial of registration. The review shall

include input from the applicant, the department, and the

department of agriculture and rural development, if applicable.

After the informal department review, the department shall do

either of the following:

(a) If the department determines that the sporting swine

livestock operation complies with the requirements of this act, the

department shall issue a registration within 30 days after the

informal department review.

(b) If the department determines that the sporting swine

livestock operation does not comply with the requirements of this

act, the department shall affirm the denial of registration in

writing and specify the deficiencies needed to be addressed or

corrected in order for a registration to be issued.

(6) A person denied registration may request a hearing

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328, on a denial of a registration or upon any

limitations placed upon the issuance of a registration.

(7) A registration issued by the department under this section

is valid for a 3-year time period. During the registration period,

the owner shall maintain an insurance policy or other financial

mechanism described in section 8(3).

Sec. 11. A registration issued by the department shall contain

all of the following information:

(a) The expiration date of the registration.

(b) The complete name, business name, business address, and

telephone number of the owner.

operation location.

(d) The premises identification number. If the property has

not previously been issued a premises identification number, the

department of agriculture and rural development shall assign one to

the premises.

(e) The complete name, address, and telephone number of the

department contact person regarding sporting swine livestock

operations.

Sec. 12. (1) The department shall charge the following

nonrefundable fees for sporting swine livestock operations:

(a) An annual registration fee of $2,500.00. The initial

annual registration fee shall be submitted with the application for

registration under section 8 or the application for renewal of a

registration under section 14. Annual registration fees during the

second and third years of a registration are due on the anniversary

of the date the registration was issued.

(b) A preregistration inspection fee of $1,000.00.

swine operation, $500.00.

(d) For inspections of sporting swine operations conducted by

the department in the second and third years of the 3-year

registration term, $1,000.00 for each inspection.

(2) The department shall forward all fees collected under this

section to the state treasurer for deposit into the fund.

Sec. 13. (1) The sporting livestock fund is created within the

state treasury.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

(4) The department shall be the administrator of the fund for

auditing purposes.

(5) Money from the fund shall be expended, upon appropriation,

only to administer this act and the privately owned cervidae

producers marketing act, 2000 PA 190, MCL 287.951 to 287.969.

Sec. 14. (1) The department shall establish an expedited

process for renewal of a registration under this act. An

application for renewal of a registration shall be submitted not

later than 60 days before expiration of the current registration,

accompanied by the registration fee provided for in section 12. The

department shall make a decision on an application for renewal of a

registration under this subsection prior to the expiration of the

current registration.

(2) An application for renewal of a registration submitted

later than 60 days before expiration of the current registration

shall require submission of an application under section 8. Failure

of the department to process an application for renewal of a

registration that was submitted in a timely and complete manner

operates to extend the current registration until such time as the

department completes the processing.

(3) There is a presumption that the department shall renew the

registration upon timely submission of the completed application

for renewal of a registration and registration fee.

(4) If the owner of a sporting swine livestock operation

intends to transfer his or her registration to a person, the owner

shall provide to the department a written notice of the proposed

transfer containing the name, address, and telephone number of the

transferee and the proposed date of transfer. The notice of

proposed transfer shall be accompanied by a nonrefundable

registration transfer fee of $250.00. Within 30 days after receipt

of a notice of proposed transfer, the department shall review

whether the proposed transferee is eligible to receive a

registration under section 8(8). If the proposed transferee is

eligible to receive a registration, the department shall approve

the transfer and issue to the transferee a registration under

section 11. However, the term of the registration shall not be

extended from the term provided in the registration being

transferred.

Sec. 15. (1) The owner of a sporting swine livestock operation

shall apply for a modification of his or her registration before

any change in the activities for which the registration is issued.

An application for a modification of a registration shall be

submitted in the same manner as an application for registration

under section 8.

(2) The owner of a sporting swine livestock operation may

submit a request to the department for decommissioning of a

sporting swine livestock operation. Upon receipt of a request under

this subsection, the department shall approve a request for

decommissioning, after conducting an inspection, as long as it is

conducted in a manner that does not create a risk to the

environment and other free-ranging animals and to domestic

livestock.

Sec. 16. The department shall enter into a memorandum of

understanding with the director of the department of agriculture

and rural development containing a process for disease testing at

sporting swine livestock operations.

Sec. 17. (1) The owner shall grant the department or its

authorized agent access at all reasonable hours to any sporting

swine livestock operation to inspect and to determine if this act

is being violated and to secure samples or specimens of any

sporting swine. An inspection shall be conducted under practices

designed not to jeopardize the health of the sporting swine.

(2) A sporting swine livestock operation shall be inspected

annually. An owner may contract with individuals who have been

certified by the department to conduct an inspection during the

second and third years of the term of a registration of a sporting

swine livestock operation to confirm compliance with the

requirements of this act and other requirements of law. The

department shall not certify an individual to conduct inspections

under this act who is an owner, an operator, or an employee of a

sporting swine livestock operation.

Sec. 18. A person shall not knowingly provide false

information in a matter pertaining to this act and shall not

resist, impede, or hinder the department in the discharge of its

duties under this act.

Sec. 19. (1) The department, upon finding that a person has

violated any provision of this act, may do any of the following:

(a) Issue a warning.

(b) Impose an administrative fine of not more than $1,000.00,

plus the costs of investigation, for each violation after notice

and an opportunity for a hearing. A person aggrieved by an

administrative fine issued under this section may request a hearing

pursuant to the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328.

sections 9a to 9g of chapter IV of the code of criminal procedure,

1927 PA 175, MCL 764.9a to 764.9g.

(d) Place a quarantine upon the sporting swine livestock

operation disallowing any movement of animals until certain

requirements imposed by the department are met.

(2) The department shall advise the attorney general of the

failure of any person to pay an administrative fine imposed under

this section. The attorney general shall bring a civil action in a

court of competent jurisdiction to recover the fine. Administrative

fines collected shall be paid to the fund.

(3) Notwithstanding any other provision of this act, the

department may bring an action to do either or both of the

following:

(a) Obtain a declaratory judgment that a method, activity, or

practice is a violation of this act.

(b) Obtain an injunction against a person who is engaging in a

method, activity, or practice that violates this act.

(4) The remedies under this act are cumulative, and use of 1

remedy does not bar the use of another unless otherwise prohibited

by law.

Sec. 20. (1) After an opportunity for an administrative

hearing, the department may deny, suspend, revoke, or limit a

registration if the registrant fails to comply with this act.

(2) Except in the case of an informal departmental review, the

department shall conduct an administrative proceeding under this

act pursuant to the administrative procedures act of 1969, 1969 PA

306, MCL 24.201 to 24.328.

Sec. 21. Except as otherwise provided in section 22, a person

that violates this act is guilty of a misdemeanor punishable by

imprisonment for not less than 30 days or more than 90 days or a

fine of not less than $300.00 or more than $1,000.00, or both.

Sec. 22. (1) A person shall not release or allow the release

of any sporting swine or damage a fence or gate in such a manner

that may allow the release of any sporting swine.

(2) An owner shall not abandon a registered sporting swine

livestock operation without first notifying the department.

(3) A person shall not intentionally or knowingly cause the

ingress of feral swine into a sporting swine livestock operation.

(4) A person violating subsection (1) or (2) is guilty of a

misdemeanor punishable by imprisonment for not more than 90 days or

a fine of not more than $500.00, or both, for a first offense and

is guilty of a misdemeanor punishable by imprisonment for not more

than 1 year or a fine of not more than $2,000.00, or both, for a

second or subsequent offense. This subsection does not apply to a

person that unintentionally allows the release of a sporting swine,

if the person reports the release to the department within 48 hours

and kills the sporting swine within 48 hours.

(5) Notwithstanding subsection (4), a person who intentionally

or knowingly violates subsection (1) or (2) or who violates

subsection (3) is guilty of a felony punishable by imprisonment for

not more than 4 years or a fine of not more than $50,000.00, or

both.

(6) A court may allow the department to recover reasonable

costs and attorney fees incurred in a prosecution resulting in a

conviction for a violation of this act.

(7) This section does not prohibit the sale, breeding,

marketing, exhibition, or other approved uses of sporting swine in

the manner provided for by law.

Sec. 23. (1) Not later than 2 years after the effective date

of this act, and again not later than 4 years after the effective

date of this act, the department, in consultation with the

department of agriculture and rural development, shall submit to

the legislature a report that includes all of the following:

(a) The number of registered sporting swine livestock

operations in this state.

(b) The number of new sporting swine livestock operations in

this state that began operating after the effective date of this

act.

operations in this state.

(d) The number of sporting swine at sporting swine livestock

operations in this state that have been found to be positive for a

reportable disease under the animal industry act, 1988 PA 466, MCL

287.701 to 287.746.

(e) The number of violations of this act and the nature of

those violations, including the number of registrations that have

been suspended or revoked.

(f) The department's determination as to whether the fees

provided in this act are sufficient to carry out the department's

responsibilities under this act.

(g) The department's recommendations for changes to this act.

(h) Other information the department considers relevant.

(2) The reports submitted under subsection (1) shall be

submitted electronically.

Enacting section 1. This act does not take effect unless all

of the following bills of the 96th Legislature are enacted into

law:

(a) House Bill No. 4504.

(b) House Bill No. 4505.

(d) House Bill No. 4699.