February 1, 2005, Introduced by Reps. Kathleen Law, Hopgood, Condino, Tobocman, Bieda, Gaffney, Plakas, Alma Smith, Donigan, Byrnes, Hood, Gonzales, Vagnozzi and Clack and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
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 sections 6 and 9 (MCL 286.256 and 286.259).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
6. The commissioner of agriculture is hereby authorized
to
make such rules and regulations and establish such quarantines
as
he shall deem necessary for the proper enforcement of this act,
and
all orders, rules and regulations promulgated by the
commissioner
of agriculture pursuant to the act shall have the
force
and effect of law. To implement or enforce this act, the
director of agriculture may issue orders or may promulgate rules
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
Sec.
9. Any person who shall violate any of the provisions of
this
act, shall be adjudged guilty of a misdemeanor, and upon
conviction
be fined 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 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.
(1) A person, other than a person who is required to be
licensed under the insect pest and plant disease act, 1931 PA 189,
MCL 286.201 to 286.226, who violates this act or a rule promulgated
or 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.
(2) If a person who is required to be licensed under the
insect pest and plant disease act, 1931 PA 189, MCL 286.201 to
286.226, violates this act or a rule promulgated or order issued
under this act, the director of agriculture 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 of
agriculture shall impose on the person an administrative fine of
not more than $500.00. Upon the request of the person against whom
an administrative fine is imposed, the director of agriculture
shall conduct an evidentiary hearing under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the
person fails to pay the administrative fine, both of the following
apply:
(a) The director of agriculture shall notify the attorney
general and the attorney general may bring a civil action to
recover the administrative fine.
(b) There is sufficient cause for the director to suspend the
person's license under section 13 of the insect pest and plant
disease act, 1931 PA 189, MCL 286.213.
(3) A person who does either of the following 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:
(a) Knowingly violates this act or a rule promulgated or order
issued under this act.
(b) Intentionally violates this act or a rule promulgated or
order issued under this act for the purpose of causing damage to
natural resources or agricultural, silvicultural, or horticultural
products or resources in this state.
(4) A person who violates this act or a rule promulgated or
order issued under this act is liable for any damages to natural
resources or agricultural, silvicultural, or horticultural products
or resources resulting from the violation, including, but not
limited to, costs incurred to prevent or minimize such damages.