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HB-5645, As Passed House, June 17, 2026
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SUBSTITUTE FOR
HOUSE BILL NO. 5645
A bill to amend 2000 PA 190, entitled
"Privately owned cervidae producers marketing act,"
by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, and 17
(MCL 287.952, 287.953, 287.954, 287.955, 287.956, 287.957, 287.958,
287.959, 287.960, 287.961, 287.964, and 287.967), as amended by
2006 PA 561.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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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
free-ranging and privately owned cervidae species.
(b) (a) "Business plan" means a written document of intent
that a person submits to the department that defines the methods,
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protocols, or procedures that the person intends on implementing to
be in compliance with this act.
(b) "Biosecurity" means measures, actions, or precautions
taken to prevent the transmission of disease in, among, or between
free-ranging and privately owned cervidae species.
(c) "Cervidae livestock facility" means a privately owned
cervidae livestock operation on privately controlled lands capable
of holding cervidae species.
(d) "Cervidae livestock operation" means an operation that
contains 1 or more privately owned cervidae species involving the
producing, growing, propagating, using, harvesting, transporting,
exporting, importing, or marketing of cervidae species or cervidae
products under an appropriate registration.
(e) "Cervidae products" means any products, co-products, or
by-products of cervidae, including antler, antler velvet, meat, or
any part of the animal.
(f) "Cervidae species" means members of the cervidae family,
including, but not limited to, deer, elk, moose, reindeer, and
caribou.
(g) "Department" means the Michigan department of natural
resources.agriculture and rural development.
(h) "Director" means the director of the Michigan department
of natural resources or his or her the director's designee.
(i) "Farm" or "farm operation" means those terms as defined in
the Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(j) "Flush" or "flushed" means to move or chase from a
cervidae livestock facility.
(k) "Identify" means any documentable system or process that
allows a person to recognize as separate or different an individual
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animal.
(l) "Law enforcement officer" means a person an individual
appointed by the state or a local governmental unit who is
responsible for the enforcement of the criminal laws of this state.
(m) "Owner" means the person who that owns or is responsible
for a cervidae livestock operation.
(n) "Person" means an individual, corporation, limited
liability corporation, partnership, association, joint venture, or
other legal entity.
(o) "Release" means to cause or allow an animal to become
located outside the perimeter fence of a cervidae livestock
facility not under the direct control of the owner.
Sec. 3. (1) The department shall administer this act . The
departments of agriculture and environmental quality shall provide
consultation.
(2) The department of agriculture and may conduct activities
designed to develop and assist the cervidae industry in the manner
provided for by law. The department may consult with the department
of natural resources and the department of environment, Great
Lakes, and energy to administer this act.
Sec. 4. (1) A cervidae livestock operation is an agricultural
enterprise and is considered to be part of the farming and
agricultural industry of this state. The director of the department
of agriculture shall assure ensure that cervidae livestock
operations are afforded all rights, privileges, opportunities, and
responsibilities of other agricultural enterprises.
(2) Cervidae livestock operations are a form of agriculture.
Cervidae livestock facilities and their equipment are considered to
be agricultural facilities and equipment. Uses related to the
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farming of cervidae are considered agricultural uses.
(3) Cervidae products and cervidae species 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) An owner harvesting privately owned cervidae species from
a registered cervidae livestock facility is exempt from possession
limits and closed seasons involving cervidae imposed in parts 401,
411, and 427 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.40101 to 324.40120, 324.41101 to
324.41105, and 324.42701 to 324.42714. This act does not give a
cervidae livestock operation authority to take free-ranging animals
in violation of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.101 to 324.90106, unless under a permit
issued by the department of natural resources.
(5) Any movement, importing, or exporting of cervidae species
or cervidae products shall must be in compliance with the animal
industry act, 1988 PA 466, MCL 287.701 to 287.745.287.746.
Sec. 5. (1) A person shall not possess cervidae or engage in a
cervidae livestock operation unless he or she the person obtains
from the department a cervidae livestock facility registration or
unless otherwise exempt by rule or law. If the activity in which
the cervidae livestock facility is engaged is required to be
regulated under any other act, registration under this act does not
exempt the person or cervidae livestock facility from requirements
imposed under any local, state, or federal regulation. Zoos
accredited under the American zoological association Zoological
Association or other accreditations or standards determined
appropriate by and acceptable to the department are exempt from
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this act.
(2) A person registered under this act shall keep and maintain
records of production, purchases, or imports in order to establish
proof of ownership and shall keep any other records required under
standards incorporated by reference under section 6. A person
transporting that transports cervidae species shall produce
documentation that contains the origin of shipment, registration or
permit 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 287.745,
upon 287.746, on demand of the director or a law enforcement
officer.
(3) Until July 1, 2008, a cervidae livestock facility
registered prior to the effective date of the amendatory act that
added this subsection must comply with the facility standards
contained in "Operational Standards for Registered Privately Owned
Cervid Facilities", published by the Michigan department of
agriculture, (May 2000). A April 1, 2028, a cervidae livestock
facility in existence on or before the effective date of the 2026
amendatory act that added amended this subsection shall be in
compliance with 1 of the following:
(a) The facility standards, by July 1, 2008, which are
contained in "Operational Standards for Registered Privately Owned
Cervidae Facilities" published by the Michigan department of
natural resources, (revised December 2005), adopted by the Michigan
commission of agriculture on January 9, 2006, and adopted by the
natural resources commission on January 12, 2006, and are
incorporated by reference.
(b) The updated version of the facility standards adopted by
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the department under section 6(1).
(4) Beginning April 1, 2028, a cervidae livestock facility
shall be in compliance with the updated version of the facility
standards adopted by the department under section 6(1).
Sec. 6. (1) The initial application to construct a cervidae
livestock facility shall must be accompanied by the application fee
described in section 8. The department shall approve, deny, or
propose a modification to the completed application within 60 days.
The Until 1 year after the effective date of the 2026 amendatory
act that amended this section, the department shall utilize the
standards contained in "Operational Standards for Registered
Privately Owned Cervidae Facilities", published by the Michigan
department of natural resources, (revised December 2005), adopted
by the Michigan commission of agriculture on January 9, 2006, and
adopted by the natural resources commission on January 12, 2006,
and incorporated by reference, to evaluate the issuance,
construction, maintenance, administration, and renewal of a
registration issued under this act. The Not later than 1 year after
the effective date of the 2026 amendatory act that amended this
section, the department, after consultation with the department of
agriculture and with concurrence of in consultation with the
department of natural resources and the commissions of natural
resources and agriculture, may, by amendment of this act, amend or
shall update the standards adopted in this subsection. Before
issuing any registration under this act, the director shall verify,
through written confirmation, both of the following:
(a) The department, in consultation with the department of
natural resources, has approved the method used to flush any free-
ranging cervidae species from the facility, if applicable, and all
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free-ranging cervidae species have actually been flushed.
(b) The department, in consultation with the department of
natural resources, has determined that the size and location of the
facility will not place unreasonable stress on wildlife habitat or
migration corridors.
(2) As part of the initial application or the application to
modify a cervidae livestock facility, the applicant for
registration shall submit a business plan complying that complies
with the standards established under this section that and includes
all of the following:
(a) The complete address of the proposed cervidae livestock
facility and the size of, the location of, and a legal description
of the lands on which the cervidae livestock operation will be
conducted.
(b) The number of each cervidae species included in the
proposed facility.
(c) Biosecurity measures to be utilized, including, but not
limited to, methods of fencing and appropriate animal
identification.
(d) The proposed method of flushing wild cervidae species from
the enclosure, if applicable.
(e) A record-keeping system in compliance with this act and
the operational standards incorporated by reference in subsection
(1).
(f) The method of verification that all free-ranging cervidae
species have been removed.
(g) The current zoning of the property proposed as a cervidae
livestock facility and whether the local unit or units of
government within which the cervidae livestock facility will be
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located has an ordinance regarding fences.
(h) A disease herd plan in compliance with the operational
standards incorporated by reference in subsection (1) to be
approved by the state veterinarian under the animal industry act,
1988 PA 466, MCL 287.701 to 287.745.287.746.
(i) Any other information considered necessary by the
department.
(3) Upon receipt of an application, the director shall forward
1 copy each to the departments of agriculture and environmental
quality. Upon On receipt of an application, the department shall
send a written notice to the local unit or units of government
within which the proposed cervidae livestock facility will be
located unless 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 not later than 30
days of after receipt of the written notice, indicating whether the
applicant's cervidae livestock facility would be in violation of
any ordinance.
(4) The department shall not issue an initial cervidae
livestock facility registration or modification unless the
application demonstrates all of the following:
(a) The cervidae livestock facility has been inspected by the
director and he or she has determined the director determined that
the cervidae livestock facility meets the standards and
requirements prescribed by and adopted under this act, complies
with the business plan submitted to the department, and determines
that there are barriers in place to prevent the escape of cervidae
species and prevent the entry of wild cervidae species. A renewal
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or initial applicant must provide a perimeter fence in compliance
with the operational standards incorporated by reference under
subsection (1).
(b) The method for individual animal identification complies
with the standards incorporated by reference under this section.
(c) The applicant has all necessary permits that are required
under part 31 regarding water resources protection, part 301
regarding inland lakes and streams, and part 303 regarding wetland
protection parts 31, 301, and 303 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.3101 to
324.3133, 324.3134, 324.30101 to 324.30113, and 324.30301 to
324.30323, 324.30328, and any other permits or authorizations that
may be required by law.
(5) Beginning the effective date of the amendatory act that
added this subsection, the The department shall issue an initial
registration or modification registration allowing an expansion of
an existing cervidae livestock facility not later than 120 days
after the applicant files a completed application. Renewal
applications shall must be issued not later than 60 days after the
applicant files a completed application. Receipt of the application
is considered the date the application is received by the
department. If the application is considered incomplete by the
department, the department shall notify the applicant in writing,
or make the information electronically available, within not later
30 days after receipt of the incomplete application, describing the
deficiency and requesting the additional information. The
determination of the completeness of an application does not
operate as an approval of the application for the registration and
does not confer eligibility upon on an applicant determined
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otherwise ineligible for issuance of a registration. The 120-day
period is tolled under any of the following circumstances:
(a) Notice sent by the department of a deficiency in the
application until the date all of the requested information is
received by the department.
(b) The time period during which required actions are
completed that include, but are not limited to, completion any of
the following:
(i) Completion of construction or renovation of the facility. ;
mandated
(ii) Mandated reinspections if by the department. ; other
(iii) Other inspections if required by any state, local, or
federal agency. ; approval
(iv) Approval by the legislative body of a local unit of
government. ; or other
(v) Other actions mandated by this act or as otherwise
mandated by law or local ordinance.
(6) If the department fails to issue or deny a registration
within the time required by this subsection, section, the
department shall return the registration fee and shall reduce the
registration fee for the applicant's next renewal application, if
any, by 15%. The failure to issue a registration within the time
required under this section does not allow the department to
otherwise delay the processing of the application, and that
application, upon on completion, shall must be placed in sequence
with other completed applications received at that same time. The
department shall not discriminate against an applicant in the
processing of the application based upon on the fact that the
registration fee was refunded or discounted under this subsection.
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(7) Upon On 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 review
of the application. The review shall include the applicant, the
department, and the departments of agriculture and environmental
quality, if applicable. After the informal review, if the director
determines that the proposed cervidae livestock facility or
cervidae livestock operation complies with the requirements of this
act, the director shall issue a registration within not later than
30 days after the applicant notifies the department of completion
of the cervidae livestock facility. After the informal review, if
the director determines that the proposed cervidae livestock
facility or cervidae livestock operation does not comply with the
requirements of this act, the director shall affirm the denial of
the application in writing and specify the deficiencies needed to
be addressed or corrected in order for a registration to be issued.
The applicant may waive the informal review of the application.
(8) As used in this subsection, "completed application" means
an application complete on its face and submitted with any
applicable registration fees as well as any other information,
records, approval, security, or similar item required by law or
rule from a local unit of government, a federal agency, or a
private entity but not from another department or agency of the
this state. of Michigan.
Sec. 7. (1) At the time the construction of the cervidae
livestock facility is completed, the applicant shall notify the
department in writing. That The written notice shall certify
certifies that, to the best of the applicant's knowledge, the
cervidae livestock facility has been is constructed in compliance
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with the requirements of the United States Department of
Agriculture's federal captive cervid program or the requirements of
this act and in compliance with the standards for cervidae
livestock facilities. Within Not later than 30 days after
notification of the completion of the cervidae livestock facility,
the proposed cervidae livestock facility must be inspected by the
United States Department of Agriculture to determine compliance
with the federal captive cervid program or by the director shall
inspect the cervidae livestock facility. to determine compliance
with the requirements of this act. Compliance with the United
States Department of Agriculture federal captive cervid program
constitutes compliance with the requirements of this act. If the
United States Department of Agriculture or the director determines
that the proposed cervidae livestock facility conforms to standards
prescribed by and adopted under the federal captive cervid program
or this act, the director shall issue a registration within not
later than 30 days after completion of an inspection. finding that
the cervidae livestock facility conforms to this act. The time
periods described in this subsection may be extended by the
department only if the department is unable to verify the removal
of wild cervidae species, for an act of God, or in accordance with
section 6(5)(a) or (b).
(2) If the United States Department of Agriculture or the
director determines that a proposed cervidae livestock facility
does not comply with the requirements of the federal captive cervid
program or this act, the director shall deny the application for
registration. The department shall notify in writing an applicant
in writing of the reasons for a registration denial within not
later than 60 days after receipt of the completed application. The
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notice shall must specify in writing the deficiencies to be
corrected in order for a registration to be issued.
(3) Without filing a second application under this section, an
applicant may request a second inspection after the specified
deficiencies have been are corrected. The department is not
required to make more than 2 preregistration inspections of the
same proposed cervidae livestock facility per application.
(4) Upon On receipt of a second 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
review of the application. The review shall include the applicant,
the department, and the departments of agriculture and
environmental quality, if applicable. After the informal review, if
the director determines that the proposed cervidae livestock
facility complies with the requirements of this act, the director
shall issue a registration within not later than 30 days after the
informal review. After the informal review, if the director
determines that the proposed facility does not comply with the
requirements of this act, the director shall affirm the denial of
the application in writing and specify the deficiencies needed to
be addressed or corrected in order for a registration to be issued.
The applicant may waive the informal review of the application.
(5) The applicant may request a hearing pursuant to in
accordance with the administrative procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328, on a denial of a registration or upon on
any limitations placed upon on the issuance of a registration.
(6) The department shall not return a registration fee or a
portion of a registration fee to an applicant if a registration is
denied.
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Sec. 8. (1) A registration issued by the department is issued
for 3 years valid for 1 year and shall must contain the following
information:
(a) The registration number, class, date of issuance, and
expiration date.
(b) The cervidae species involved in the cervidae livestock
facility.
(c) The complete name, business name, business address, and
telephone number of the cervidae livestock facility registration
holder.
(d) The complete address of the cervidae livestock facility
location, including the county, township, and section, and shall
must also include the size of the facility.
(e) The complete name, address, and telephone number of the
department of natural resources department's contact person
regarding cervidae livestock operations.
(f) Any other information provided in the application.
(2) The department shall issue to a person meeting that meets
the requirements of this act a registration to operate a cervidae
livestock facility. The department may provide limited registration
classes. Beginning the effective date of the amendatory act that
added this sentence, December 29, 2006, the department shall not
issue an initial registration for a class I (hobby) but may renew
the registration of any class I (hobby) that is was in existence on
the effective date of that amendatory act.December 29, 2006.
(3) The department shall charge a nonrefundable application
fee of $250.00 for an initial application and the following initial
inspection fees:
(a) For facilities containing 40 acres or less $ 250.00.
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(b) For facilities greater than 40 acres $ 500.00.
(4) The fee for a second inspection of a cervidae livestock
facility conducted under section 7(3) is $100.00.
(5) The department shall charge the following fees for initial
and renewal applications for cervidae facilities:
(a) Class I (hobby) renewal $ 450.00.$1
50.00.
(b) Class II (exhibition) $ 450.00.$1
50.00.
(c) Class III (ranch) $ 750.00.$2
50.00.
(d) Full registration $ 750.00.$2
50.00.
(6) Application for renewal of a registration shall must be
submitted not later than 60 days before expiration of the current
registration. Each renewal registration shall be issued for a
period of 3 years from is valid for 1 year after the expiration
date of the previous registration. The fees for initial and renewal
applications described in subsections (3) and (5) are due to the
department not later than May 1 each year.
(7) 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.
(8) Unless otherwise indicated in writing by the department at
the time the department sends a registered facility its renewal
application, there is a presumption that the department shall renew
the registration upon on timely submission of the completed renewal
application and registration fee.
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(9) The fees collected under this section must be deposited
into the agriculture licensing and inspection fees fund created in
section 9 of the insect pest and plant disease act, 1931 PA 189,
MCL 286.209.
Sec. 9. (1) A registered cervidae livestock facility shall
apply for a modification of the cervidae livestock facility
registration if any changes to the information on the registration
have occurred or will occur. Except for registrations approved
under subsection (2)(a), expiration dates shall do not change for
approved modifications.
(2) A completed modification application shall must be
submitted and approved by the department before any of the
following changes occur:
(a) A change in registration class.
(b) A modification to the size of a cervidae livestock
facility.
(3) A modification application submitted under subsection
(2)(a) shall must include the appropriate fee for the new class. If
approved by the department, the registration expires 3 years from 1
year after the new date of issuance.
(4) A modification application submitted under subsection
(2)(b) shall must include the submission of a modification
application fee of $100.00.
(5) A modification application shall must be submitted within
not later than 30 days after any of the following changes have
occurred:occur:
(a) A change to the complete name, business name, business
address, or telephone number of the current cervidae livestock
facility registration holder.
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(b) A change to the complete address of the cervidae livestock
facility location.
(c) A sale or transfer of ownership of a cervidae livestock
facility. The modification application shall must include a written
statement signed by the new and previous owner verifying that
verifies the sale or transfer of ownership.
(d) The introduction of new species into a cervidae livestock
facility.
(6) A registrant may request decommissioning of a cervidae
livestock facility. The decommissioning of a cervidae livestock
facility shall must be in compliance with the operational standards
incorporated by reference under section 6(1) and upon on approval
by the department, unless there is a risk to the environment and to
the health of other free-ranging animals in the area in the removal
of fencing and other barriers. Not later than 1 year after the
effective date of the 2026 amendatory act that added this sentence,
the department of natural resources shall complete an audit of all
expired and actively decommissioning cervidae livestock facilities
and share the results of the audit with the department. The
department of natural resources is responsible for the
decommissioning of cervidae livestock facilities that begins on or
before the effective date of the 2026 amendatory act that added
this sentence.
Sec. 10. The director shall enter into a memorandum of
understanding with the department of agriculture for approving
disease herd plans and determining compliance by persons engaged in
cervidae livestock operations, applicants, and registered natural
resources to accomplish the following purposes:
(a) Decommissioning cervidae livestock facilities. with this
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act and investigation of violations of this act.
(b) Approving cervidae livestock facilities, including
location and size.
(c) Reviewing the impacts of cervidae livestock facilities on
habitats and wildlife migration patterns.
(d) Approving methods used to flush any free-ranging cervidae
species.
(e) Approving methods used to confirm successful flushing of
any free-ranging cervidae species.
(f) Any other purpose considered necessary by the department.
Sec. 11. After flushing cervidae species in an approved
manner, any cervidae species remaining in the cervidae livestock
facility must be killed by or under the authority of the registrant
pursuant to in accordance with an appropriate permit issued by the
department of natural resources. A person shall reimburse the state
of Michigan department $250.00 per individual cervid that must be
killed under the appropriately issued permit to meet the
requirements of this section.
Sec. 14. (1) After an opportunity for an administrative
hearing, the department may deny, suspend, revoke, or limit a
registration if the applicant or registrant fails to comply with
this act, standards adopted or established under this act, or
orders issued by the director as a result of an administrative
action or informal departmental review conducted under this act.
(2) In addition to the provisions contained in subsection (1),
the department may deny the issuance of a registration,
modification, or an application for decommission or may suspend or
revoke a registration if the department, in consultation with the
department of agriculture or the department of environmental
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quality, or both, natural resources and the department of
environment, Great Lakes, and energy, determines that based upon on
substantial scientific evidence, the issuance of a registration or
approval of decommission will cause, or is likely to cause, an
unreasonable or adverse effect upon on the environment or upon
wildlife which that cannot be remedied by, or is not addressed by,
the existing standards under this act.
(3) Except in the case of an informal departmental review, the
department shall conduct an administrative proceeding under this
act pursuant to in accordance with the administrative procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 17. (1) A person shall not release or allow the release
of any cervidae species from a cervidae livestock facility. This
section does not prohibit the sale, breeding, marketing,
exhibition, or other approved uses of cervidae species in the
manner provided for by law. An animal that escapes from a facility
is considered to be public property if the operator of a cervidae
livestock facility does not notify the department in compliance
with the standards established under this act.
(2) An owner shall not abandon a registered cervidae livestock
facility without first notifying the department and the Michigan
department of agriculture in compliance with the standards
established under this act.
(3) A person shall not intentionally or knowingly do either or
both of the following:
(a) Cause the ingress of free-ranging cervidae species into a
registered cervidae livestock facility.
(b) Release or allow the release of any cervidae species from
a registered cervidae livestock facility.
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(4) A person violating that violates subsection (1) is guilty
of a misdemeanor punishable as follows:
(a) For a first offense, by a fine of not more than $300.00 or
imprisonment of for not more than 90 days, or both. , for a first
offense and is guilty of a misdemeanor punishable
(b) For a second or subsequent offense, 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.
(5) A person that intentionally or knowingly violating
violates subsection (2) or (3) or violating subsection (2) is
guilty of a felony.
Enacting section 1. This amendatory act takes effect 1 year
after the date it is enacted into law.