HOUSE BILL No. 4454
April 11, 2019, Introduced by Reps. Cynthia Johnson, Neeley, Kennedy, Hood, Ellison, Cambensy, Elder, Hope, Vaupel, O'Malley, Shannon, Tyrone Carter, Camilleri, Garrett, Byrd, Coleman, Haadsma, Robinson, Sneller, Cherry, Hertel, Yancey, Kuppa, LaGrand, Brixie, Hammoud, Peterson, Tate, Sowerby, Rabhi and Bolden and referred to the Committee on Judiciary.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 8905a (MCL 324.8905a), as amended by 2014 PA
549.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8905a. (1) A person who violates this part, if the amount
of the litter is less than 1 cubic foot in volume, is responsible
for a state civil infraction and is subject to a civil fine of not
more than $800.00.
(2) A person who violates this part, if the amount of the
litter is 1 cubic foot or more but less than 3 1/2 cubic feet yard
in volume, is responsible for a state civil infraction and is
subject to a civil fine of not more than $1,500.00.
(3) Except as provided in subsection (4), a person who
violates this part, if the amount of the litter is 3 cubic feet or
more in volume, is responsible for a state civil infraction and is
subject to a civil fine of not more than $2,500.00. A person found
to have committed a violation described in this subsection in a
subsequent proceeding is subject to a civil fine of not more than
$5,000.00.
(3) Except as provided in subsection (4) for a second or
subsequent violation described in this subsection, a person who
violates this part, if the amount of litter is more than 1/2 cubic
yard but less than 5 cubic yards, is guilty of a misdemeanor
punishable by a penal fine of not more than $500.00.
(4) A person who commits a second violation of this part
described in subsection (3) is guilty of a misdemeanor punishable
by a penal fine of not more than $1,000.00. For each subsequent
violation of this part described in subsection (3) that follows a
conviction for a second violation under this subsection, the penal
fine must be increased by $500.00.
(5) Except as provided in subsection (6) for a second or
subsequent violation described in this subsection, a person who
violates this part, if the amount of litter is 5 cubic yards or
more, is guilty of a misdemeanor punishable by a penal fine of not
more than $5,000.00.
(6) A person who commits a second violation of this part
described in subsection (5) is guilty of a misdemeanor punishable
by a penal fine of not more than $10,000.00. For each subsequent
violation of this part described in subsection (5) that follows a
conviction for a second violation under this subsection, the penal
fine must be increased by $5,000.00.
(7) Subsections (3) through (6) apply to a person and a
person's employer or employing agency if the violation of
subsections (3) to (6) is committed by a person at the direction of
or with the knowledge of the person's employer or employing agency.
(8) As part of its judgment of sentence upon the conviction of
a person under subsections (3) through (6), the court shall order a
person to remove the litter and remediate any damage caused to the
property as a result of the violation.
(9) If a prosecuting attorney intends to seek an enhanced
penal fine under subsection (4) or (6), the prosecuting attorney
shall include on the complaint and information a statement listing
the prior conviction or convictions. The existence of the
defendant's prior conviction or convictions must be determined by
the court, without a jury, at sentencing or at a separate hearing
for that purpose before sentencing. The existence of a prior
conviction may be established by any evidence relevant for that
purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(10) In addition to, or in lieu of, a criminal conviction and
penal fine under subsections (3) through (6), an individual who
violates this part under subsections (3) through (6) may be liable
for a civil fine.
(11) A city or township attorney, a prosecuting attorney for
the county, or the attorney general may bring an action seeking a
civil fine for a violation of subsections (3) through (6) for the
costs to cleanup litter and remediate property damage. A civil fine
ordered under this subsection must not exceed actual clean-up and
remediation costs.
(12) A civil fine ordered under subsection (11) must be
directed to a local community group or municipal, county, or state
department that has or will perform the clean-up and remediation
required as a result of the violation of subsections (3) through
(6).
(13) (4) A person who violates this part, if the litter is
described in section 8901(a)(ii) to (v), is responsible for a state
civil infraction and is subject to a civil fine of not less than
$500.00 or more than $2,500.00. A person found to have committed a
violation described in this subsection in a subsequent proceeding
is subject to a civil fine of not less than $1,000.00 or more than
$5,000.00. However, the court shall not order the payment of a fine
unless the vehicle has been disposed of under section 252g of the
Michigan vehicle code, 1949 PA 300, MCL 257.252g, the abandoned
vessel has been disposed of under section 80130k, the ORV that is
considered abandoned has been disposed of under section 80130k as
made applicable in section 81151, or the snowmobile that is
considered abandoned has been disposed of under section 80130k as
made applicable in section 82161.
(14) (5) A default in the payment of a civil fine or costs
ordered under this part or an installment of the fine or costs may
be remedied by any means authorized under the revised judicature
act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.
(15) (6) This section does not apply to a violation of section
8903 or 8905.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.