Bill Text: MI HB4709 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Environmental protection; litter; littering informants; create reward program for. Amends sec. 8901 of 1994 PA 451 (MCL 324.8901) & adds secs. 8905d & 8905e.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-06-08 - Printed Bill Filed 06/08/2011 [HB4709 Detail]
Download: Michigan-2011-HB4709-Introduced.html
HOUSE BILL No. 4709
June 7, 2011, Introduced by Reps. Tlaib, Irwin, Bauer and Santana and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8901 (MCL 324.8901), as amended by 2004 PA 494,
and by adding sections 8905d and 8905e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8901. As used in this part:
(a) "Department" means the department of environmental
quality.
(b) "Fund" means the illegal dumping reward fund created in
section 8905e.
(c) (a)
"Litter" means rubbish,
refuse, waste material,
garbage,
including, but limited to, offal, paper, glass, cans, and
bottles; ,
trash, debris; ,
or other foreign substances; or a
vehicle that is considered abandoned under section 252a of the
Michigan vehicle code, 1949 PA 300, MCL 257.252a.
(d) (b)
"Public or private property or
water" includes, but is
not limited to, any of the following:
(i) The right-of-way of a road or highway. ,
a
(ii) A body of water or watercourse, including ice on the
water,
or the shore or beach of a body of
water or watercourse. ,
including
the ice above the water.
(iii) (ii) A
park, playground, building, refuge, or conservation
or recreation area.
(iv) (iii) Residential
or farm properties or timberlands.
(e) (c)
"Vehicle" means a motor
vehicle registered or required
to be registered under the Michigan vehicle code, 1949 PA 300, MCL
257.1 to 257.923.
(f) (d)
"Vessel" means a vessel
registered under part 801.
Sec. 8905d. (1) The department shall pay a reward to a person
who provides information that materially contributes to the
imposition of a civil fine against any person under section 8905a.
The reward shall be 50% of the amount of the civil fine collected.
(2) If more than 1 person provides information described in
subsection (1) for a single violation, the first person to provide
such information to the investigating agency is eligible for the
reward. However, if 1 or more other persons provide such
information to the investigating agency on the same day as the
first person, the reward shall be divided equally among all persons
providing information that day.
(3) A public officer or employee of the United States, this
state, a political subdivision of this state, or any other
jurisdiction, foreign or domestic, is not eligible for the reward
under this section if providing information pursuant to subsection
(1) relates in any manner to his or her responsibilities as a
public officer or employee.
(4) An employee of a business who provides information that
the business violated this part is not eligible for a reward if the
employee intentionally caused the violation.
(5) The department shall promulgate rules that establish
procedures for receiving and reviewing claims for payment of
rewards, determining eligibility for an award, and determining the
materiality of the information provided. In each case brought under
section 8905a, whichever office prosecuted the action shall
determine whether the information materially contributed to the
imposition of a civil fine.
(6) The department shall periodically publicize the
availability of the rewards under this section.
(7) A claim for a reward under this section may be submitted
only for information provided on or after the effective date of
this section.
Sec. 8905e. (1) The illegal dumping reward fund is created
within the state treasury.
(2) Fifty percent of all civil fines collected under section
8905a shall be deposited into the fund. The state treasurer may
also receive money or other assets from any other 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) The department shall expend money from the fund, upon
appropriation, only for the following purposes in the following
order of priority:
(a) Payment of rewards under section 8905d.
(b) Publicizing the availability of rewards as required under
section 8905d.
