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by tigers9 on October 11, 2008
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http://legislature.mi.gov/doc.aspx?2008-HB-5961
House Bill 5961 (2008)
linkable
printable
Sponsors Glenn Steil - (primary)
Rick Jones, Kevin Green
Categories Animals, exotic; Crimes, animals; Crimes, penalties
Animals; exotic; penalties for abandoning or releasing exotic animals; provide for. Amends title of 1988 PA 466 (MCL 287.701 - 287.745) & adds sec. 31a.
Last Action: 04/10/2008 - printed bill filed 04/10/2008
HOUSE BILL No. 5961
April 9, 2008, Introduced by Reps. Steil, Rick Jones and Green and referred to the Committee on Agriculture.
A bill to amend 1988 PA 466, entitled
"Animal industry act,"
(MCL 287.701 to 287.745) by amending the title, as amended by 1996
PA 369, and by adding section 31a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to authorize and require the appointment of a state
veterinarian within the department of agriculture; to protect the
human food chain and the livestock and aquaculture industries of
the state through prevention, control, and eradication of
infectious, contagious, or toxicological diseases of livestock and
other animals; to prevent the importation of certain nonindigenous
animals under certain circumstances; TO PREVENT THE RELEASE OR
ABANDONMENT OF EXOTIC ANIMALS; to safeguard the human population
from certain diseases that are communicable between animals and
humans; to prevent or control the contamination of livestock with
certain toxic substances through certain livestock or livestock
products; to provide for indemnification for livestock under
certain circumstances; to provide for certain powers and duties for
certain state agencies and departments; to provide for the
promulgation of rules; to provide for certain hearings; to provide
for remedies and penalties; and to repeal acts and parts of acts.
SEC. 31A. (1) A PERSON SHALL NOT DO ANY OF THE FOLLOWING:
(A) RELEASE OR ALLOW THE RELEASE OF AN EXOTIC ANIMAL INTO THE
WILD.
(B) INTENTIONALLY OR KNOWINGLY RELEASE OR ALLOW THE RELEASE OF
AN EXOTIC ANIMAL INTO THE WILD.
(C) ABANDON AN EXOTIC ANIMAL.
(2) A PERSON WHO VIOLATES SUBSECTION (1)(A) IS GUILTY OF A
MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $300.00 OR
IMPRISONMENT FOR NOT MORE THAN 90 DAYS, OR BOTH, FOR A FIRST
OFFENSE AND IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT
MORE THAN $1,000.00 OR IMPRISONMENT FOR NOT MORE THAN 1 YEAR, OR
BOTH, FOR A SECOND OR SUBSEQUENT OFFENSE.
(3) A PERSON WHO VIOLATES SUBSECTION (1)(B) OR (C) IS GUILTY
OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR
A FINE OF NOT MORE THAN $5,000.00, OR BOTH.
(4) AS USED IN THIS SECTION:
(A) "EXOTIC ANIMAL" MEANS AN ANIMAL THAT IS NOT NATIVE TO THIS
STATE. EXOTIC ANIMAL DOES NOT INCLUDE LIVESTOCK OR AN ANIMAL USED
IN A FARM OPERATION AS THAT TERM IS DEFINED UNDER THE MICHIGAN
RIGHT TO FARM ACT, 1981 PA 93, MCL 286.471 TO 286.474. EXOTIC
ANIMAL ALSO DOES NOT INCLUDE A PROHIBITED FISH SPECIES AS THAT TERM
IS DEFINED UNDER SECTION 41301 OF THE NATURAL RESOURCES AND
ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.41301.
(B) "OWNER" MEANS A PERSON WHO OWNS OR IS RESPONSIBLE FOR AN
EXOTIC ANIMAL.
(C) "RELEASE" MEANS TO CAUSE OR ALLOW AN EXOTIC ANIMAL TO
BECOME LOCATED OUTSIDE THE PROPERTY OF THE OWNER AND NOT UNDER THE
DIRECT CONTROL OF THE OWNER.
http://legislature.mi.gov/doc.aspx?2008-HB-5962
House Bill 5962 (2008)
linkable
printable
Sponsors Glenn Steil - (primary)
Rick Jones, Kevin Green
Categories Criminal procedure, sentencing guidelines
Criminal procedure; sentencing guidelines; sentencing guidelines for abandoning or releasing an exotic animal; enact. Amends sec. 12m, ch. XVII of 1927 PA 175 (MCL 777.12m). TIE BAR WITH: HB 5961'08
Last Action: 04/10/2008 - printed bill filed 04/10/2008
HOUSE BILL No. 5962
April 9, 2008, Introduced by Reps. Steil, Rick Jones and Green and referred to the Committee on Agriculture.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 12m of chapter XVII (MCL 777.12m), as amended
by 2005 PA 54.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 12m. This chapter applies to the following felonies
3 enumerated in chapters 285 to 289 of the Michigan Compiled Laws:
4 M.C.L. Category Class Description Stat Max
5 285.83 Pub trst H Grain dealers act violations 5
6 285.279(2)(c) Property E False pretenses under Michigan family farm development act involving $1,000 to $20,000 or with prior convictions 5
1 285.279(2)(d) Property D False pretenses under Michigan family farm development act involving $20,000 or more or with prior convictions 10
2 286.228(6) Pub ord E Insect pest and plant disease - intentional violation with intent to damage natural resources 5
3 286.260(4) Pub ord E Insect pest and plant disease - intentional violation with intent to damage natural resources 5
4 286.455(2) Pub saf G Agriculture - hazardous substance 5
5 286.929(4) Pub trst G Organic products act violations 4
6 287.323(1) Person C Dangerous animal causing death 15
7 287.323(2) Person G Dangerous animal causing serious injury 4
8 287.679 Pub ord H Dead animals - third or subsequent violation 1
9 287.731A(3) PUB SAF F ABANDONMENT OR INTENTIONAL OR KNOWING RELEASE OF AN EXOTIC ANIMAL 4
10 287.744(1) Pub ord G Animal industry act violations 5
11 287.855 Pub saf G Agriculture - contaminating livestock/false statement/violation of quarantine 5
1 287.967(5) Pub ord G Cervidae producer violations 4
2 289.5107(2) Pub saf F Adulterated, misbranded, or falsely identified food 4
3 Enacting section 1. This amendatory act does not take effect
4 unless Senate Bill No.____ or House Bill No. 5961(request no.
5 05301'07) of the 94th Legislature is enacted into law.
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