March 15, 2005, Introduced by Reps. Amos, Nitz, David Law, Pastor, Garfield, Hummel, Booher, Brandenburg, Emmons, Mortimer, Drolet, Gosselin, Leland, Kathleen Law, Plakas and Polidori and referred to the Committee on Agriculture.
A bill to amend 1984 PA 44, entitled
"Motor fuels quality act,"
by amending sections 4, 10a, and 10b (MCL 290.644, 290.650a, and
290.650b), section 4 as amended by 2003 PA 116 and sections 10a
and 10b as amended by 2002 PA 13.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) A retail dealer shall not transfer, sell,
dispense, or offer gasoline for sale in this state unless the pump
dispensing the gasoline is posted with a notice, as provided in
subsection (2), that indicates the grade of gasoline and the
additives in the gasoline that are dispensed from the pump. If the
gasoline contains at least 1% alcohol by volume, the notice shall
state: "Contains (indicate the type of alcohol such as methanol,
and if methanol the label shall state "alcohol: methanol",
followed, in the same size type, by the concentration to the
nearest whole percent)". If the gasoline contains alcohols or
ethers that have a molecular weight greater than ethanol and are
not mixed with methanol, those alcohols or ethers are not subject
to the notice requirement of this section. Gasoline that contains
10% or less ethanol is not subject to the notice requirement of
this section.
(2) The director shall design a uniform means of providing the
notice required by subsection (1). The notice shall be designed in
such a manner that the consumer can readily identify the grade of
gasoline and the additives in the gasoline. The notice shall
include a statement indicating that the gasoline dispensed from the
pump meets the quality and purity standards established by the laws
of this state and indicating the number of the 24-hour toll free
consumer hot line maintained pursuant to section 7(2).
(3) The director shall include the design for the uniform
notice required by this section in a rule promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(4) A person who violates this section or rules promulgated
pursuant to this section is liable for a civil fine not to exceed
$1,000.00 for each day of the continuance of the violation. A civil
fine ordered pursuant to this section shall be submitted to the
state treasurer for deposit in the gasoline inspection and testing
fund created by section 8.
(5)
Subsection (1) shall not apply until 90 days after the
rule
required by subsection (3) is promulgated.
Sec. 10a. (1) A person who individually, or by the action of
his or her agent or employee, or as the agent or employee of
another violates this act or a rule promulgated under this act is
subject to an administrative fine. Upon the request of a person to
whom an administrative fine is issued, the director shall conduct a
hearing
conducted pursuant to the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328. A fine authorized by
this section shall be as follows:
(a) For a first violation, not less than $100.00 or more than
$500.00, plus actual costs of the investigation and double the
amount of any economic benefit associated with the violation.
(b) For a second violation within 5 years after the first
violation,
not less than $500.00 $1,000.00 or more than
$1,000.00
$2,000.00, plus actual costs
of the investigation and
double the amount of any economic benefit associated with the
violation.
(c) For a third violation within 5 years after the date of the
first
violation, not less than $1,000.00 $2,000.00 or more than
$2,000.00
$4,000.00, plus actual costs
of the investigation and
double the amount of any economic benefit associated with the
violation.
(2) A decision of the director under this section is subject
to judicial review as provided by law.
(3) The director shall advise the attorney general of the
failure of any person to pay an administrative fine imposed under
this section. The attorney general shall bring an action in court
of competent jurisdiction to recover the fine.
(4) Any administrative fine, costs, and the recovery of any
economic benefit associated with a violation collected under this
section shall be paid to the state treasury and deposited into the
gasoline inspection and testing fund.
Sec. 10b. (1) A person who individually, or by the action of
his or her agent or employee, or as the agent or employee of
another, performs any of the following is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days, or a fine of
not less than $1,000.00 or more than $2,000.00, or both:
(a) Renders less effective or inoperable any part of a stage I
or stage II vapor-recovery system.
(b) Makes a false statement, representation, or certification
on an application, report, plan, label, or other document that is
required to be maintained under this act or rules promulgated under
this act.
(c) Fails to disclose to the department any knowledge or
information relating to or observation of any modification of a
stage I or stage II vapor-recovery system which makes the system
less effective or inoperable, or falsification of records required
to be maintained under this act or rules promulgated under this
act.
(d) Removes a tag, seal, or mark placed on a dispensing device
by the director.
(e) Violates this act or a rule promulgated under this act for
which a specific penalty is not prescribed.
(2) A person who individually, or by the action of his or her
agent or employee, or as the agent or employee of another, performs
any of the following acts is guilty of a misdemeanor punishable by
imprisonment
for not more than 90 days, or a fine of not less than
$2,000.00
$5,000.00 or more than $10,000.00
$15,000.00, or both:
(a) Violates a prohibited act listed in this section within 24
months after another violation of this section that results in a
conviction.
(b) Impersonates in any way the director or any department
inspector.
(3) A person who individually, or by the action of his or her
agent or employee, or as the agent or employee of another, performs
any of the following acts is guilty of a felony punishable by
imprisonment for not more than 2 years, or a fine of not less than
$10,000.00 or more than $15,000.00, or both:
(a) Intentionally commits a prohibited act under this section.
(b) Violates a prohibited act listed in this section within 24
months after 2 previous violations of this section that result in
convictions.
(4) If a violation of this section results in a conviction,
the court shall assess against the defendant the costs of the
department's investigation, and these costs shall be paid to the
state treasury and deposited in the gasoline inspection and testing
fund to be used for the enforcement of this act.