SENATE BILL NO. 675

October 06, 2021, Introduced by Senators MCMORROW, BRINKS, IRWIN, CHANG, POLEHANKI, WOJNO, BAYER and SANTANA and referred to the Committee on Environmental Quality.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 8902 and 8905a (MCL 324.8902 and 324.8905a), section 8905a as amended by 2014 PA 549.

the people of the state of michigan enact:

Sec. 8902. (1) A person shall not knowingly, without the consent of the public authority having supervision of public property or the owner of private property, dump, deposit, place, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of, litter on public or private property or water other than property designated and set aside for such purposes.

(2) A person who that removes a vehicle that is wrecked or damaged in an accident on a highway, road, or street shall remove all glass and other injurious substances dropped on the highway, road, or street as a result of the accident.

(3) A person shall not knowingly release a balloon outdoors if the balloon is filled with a gas that is lighter than air. This subsection does not apply to any of the following:

(a) A balloon released for scientific or meteorological purposes on behalf of or pursuant to a contract with a government agency.

(b) A hot air balloon that is recovered after launching.

(c) A hot air balloon that carries passengers in a suspended basket or capsule.

Sec. 8905a. (1) A person who that 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 may be ordered to pay a civil fine of not more than $800.00.

(2) A person who that violates this part, if the amount of the litter is 1 cubic foot or more but less than 3 cubic feet in volume, is responsible for a state civil infraction and is subject to may be ordered to pay a civil fine of not more than $1,500.00.

(3) Except as provided in subsection (4), a person who that 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 may be ordered to pay a civil fine of not more than $2,500.00. A person found to have committed that commits a violation described in this subsection in a second or subsequent proceeding is subject to time may be ordered to pay a civil fine of not more than $5,000.00.

(4) A person who that 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 may be ordered to pay a civil fine of not less than $500.00 or more than $2,500.00. A person found to have committed that commits a violation described in this subsection in a second or subsequent proceeding is subject to time may be ordered to pay 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 1 of the following applies:

(a) The vehicle has been disposed of under section 252g of the Michigan vehicle code, 1949 PA 300, MCL 257.252g. , the

(b) The abandoned vessel has been disposed of under section 80130k. , the

(c) The ORV that is considered abandoned has been disposed of under section 80130k as made applicable in section 81151. , or the

(d) The snowmobile that is considered abandoned has been disposed of under section 80130k as made applicable in section 82161.

(5) A person that violates section 8902(3) is responsible for a state civil infraction and is subject to a civil fine of not more than $250.00. A person shall not be prosecuted under both this subsection and subsection (1), (2), or (3) for a violation involving the same balloons.

(6) (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.

(7) (6) This section does not apply to a violation of section 8903 or 8905.

(8) For the purposes of this section, a balloon released in violation of section 8902 constitutes litter. The volume of the litter is the deflated volume of the balloon plus the volume of any string, ribbon, or other item attached to the balloon.