Bill Text: MI HB4861 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Agriculture; animals; sporting swine livestock operations; regulate. Creates new act.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Introduced - Dead) 2013-07-03 - Printed Bill Filed 06/21/2013 [HB4861 Detail]
Download: Michigan-2013-HB4861-Introduced.html
HOUSE BILL No. 4861
June 20, 2013, Introduced by Reps. McBroom, Dianda, Kivela, Shirkey, MacMaster, Foster, Bumstead, Daley, Pettalia and Lyons and referred to the Committee on Agriculture.
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 of intent that a
person submits to the department to define the methods, protocols,
or procedures that the person intends to implement for operations
that are in compliance with this act.
(c) "Cervidae livestock facility" means that term as defined
in section 2 of the privately owned cervidae producers marketing
act, 2000 PA 190, MCL 287.952.
(d) "Department" means the department of agriculture and rural
development.
(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 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 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 as identified by the director.
Sec. 3. (1) The department shall administer this act in
consultation with the department of natural resources.
(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. The commission
of agriculture and rural development shall establish generally
accepted agricultural and management practices under the Michigan
right to farm act, 1981 PA 93, MCL 286.471 to 286.474, that are
applicable to sporting swine livestock operations.
(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
7.
(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.
(c) The swine is moving to another registered sporting swine
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.
(c) Fencing shall be a minimum of 8 feet high for enclosures
at sporting swine shooting operations.
(d) 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, 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) 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.
(g) 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.
Sec. 7. (1) All imported and exported 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. In addition, all
sporting swine breeding operations providing animals to sporting
swine shooting operations shall have permanent individual animal
identification on all swine before reaching 50 pounds. All sporting
swine born naturally on sporting swine shooting operations shall
have official identification before reaching 50 pounds. Sporting
swine shooting operations shall have 1 year from the date a
registration is issued under this act to tag all animals born on
the sporting swine shooting operation.
(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 sporting swine harvested and all sales 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 that are bought, that are
sold, that are killed by shooting on a sporting swine shooting
operation, and that die of other causes shall be sent to the
department annually. 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.
(5) If a sporting swine is found to be positive for a
reportable disease under the animal industry act, 1988 PA 466, MCL
287.701 to 287.746, herd testing protocol established by the
director under that act shall be followed. If the herd testing
protocol indicates that the herd is positive, the director may
issue an order pursuant to the animal industry act, 1988 PA 466,
MCL 287.701 to 287.746.
Sec. 8. (1) A person that wishes to obtain a sporting swine
livestock operation registration under this act shall submit an
application to the department accompanied by an application 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 and the size, location, and legal description
of the land upon which the sporting swine livestock operation will
be conducted.
(b) A proposed site plan for the sporting swine livestock
operation including the proposed size and location of each
enclosure at the operation.
(c) Whether the sporting swine livestock operation will
include a sporting swine breeding operation or a sporting swine
shooting operation, or both.
(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 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.
(4) 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 natural resources. 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.
(5) Except as provided in subsection (8), 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.
(c) The property on which the sporting swine livestock
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 of natural
resources, 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) For a proposed sporting swine livestock operation that was
not in existence on the effective date of this act, and for a
sporting swine livestock operation in existence on the effective
date of this act that is 200 acres in size or larger, the
department of natural resources 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) Until 2 years after the effective date of this act, there
are fewer than 65 sporting swine livestock operations in the state
with an approved application or registration.
(6) Within 60 days after receiving an application, if the
department determines that the applicant has not met the
requirements of subsection (5), 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
natural resources, 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 (5), 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 (5), 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.
(7) 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.
(8) 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. (1) Upon receipt of an application for registration
of a new sporting swine livestock operation under section 8 that
requires the department of natural resources to approve a site
plan, the department of natural resources shall review the proposed
site plan contained in the application. Within 30 days after
receiving the application, the department of natural resources
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.
(2) Upon making its determination under subsection (1), the
department of natural resources shall provide written notice of
its determination to the department.
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 natural resources, 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.
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.
(c) The complete address of the sporting swine livestock
operation location.
(d) The premises identification number. If the property has
not previously been issued a premises identification number, the
department 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 application fees for applications for registrations
and renewals of registrations for sporting swine livestock
operations:
(a) An application fee of $500.00 for an application and the
following initial inspection fees:
(i) For facilities containing 40 acres or less, $500.00.
(ii) For facilities containing greater than 40 acres,
$1,000.00.
(b) For a second preregistration inspection of a sporting
swine operation, $500.00.
(c) For renewal applications of sporting swine livestock
operations, $2,250.00.
(d) For inspections of sporting swine operations conducted by
the department in the second and third years of the 3-year
registration term:
(i) For facilities containing 40 acres or less, $250.00.
(ii) For facilities containing greater than 40 acres, $500.00.
(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 an application fee provided for in section 12. The
department shall make a decision on a renewal application under
this subsection within 30 days after the applicant submits a
completed application.
(2) A renewal 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 a
renewal application 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) Unless otherwise indicated in writing by the department at
the time the department sends its renewal application, there is a
presumption that the department shall renew the registration upon
timely submission of the completed renewal application and
application 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 natural
resources containing a process for reviewing the siting of new
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.
(c) Issue an appearance ticket as described and authorized by
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 natural resources, 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.
(c) The number of known releases from sporting swine livestock
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.
