September 21, 2005, Introduced by Senator VAN WOERKOM and referred to the Committee on Natural Resources and Environmental Affairs.
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, offal, paper, glass, cans, 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 body of water or
watercourse, or the shore or beach of a body of water or
watercourse, including the ice above the water.
(ii) A park, playground, building, refuge, or conservation or
recreation area.
(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) A person who provides information that
materially contributes to the imposition of a civil fine against
any person under section 8905a may be paid a reward pursuant to
rules adopted by the department under subsection (6). The reward
shall be 50% of the amount of the civil fine under section 8905a
that is collected.
(2) A person is not eligible for a reward under this section
for a violation previously known to the investigating agency unless
the information materially contributes to the civil infraction
judgment.
(3) If there is more than 1 person who provides information
pursuant to subsection (1) for a single violation, the first person
to notify the investigating agency is eligible for the reward. If
more than 1 notification is received on the same day, the reward
shall be divided equally among those persons providing the
information.
(4) Public officers and employees of the United States or any
state or political subdivision thereof are not eligible for the
reward under this section unless reporting those violations does
not relate in any manner to their responsibilities as public
officers or employees.
(5) 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 or if the employee had
an opportunity to take reasonable action to stop the violation but
failed to take that action.
(6) The department shall promulgate rules that establish
procedures for the receipt and review of claims for payment of
rewards. All decisions concerning the eligibility for an award and
the materiality of the provided information shall be made pursuant
to these rules. 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.
(7) A person is not eligible for a reward under subsection (1)
for information provided before the effective date of this section.
A reward shall not be paid under subsection (1) until rules are
promulgated by the department under subsection (6).
(8) The department shall periodically publicize the
availability of the rewards provided for in this section.
(9) In addition to any other sanction provided for by law, a
person who knowingly provides false information to obtain a reward
under subsection (1) is liable to both of the following:
(a) To the department, for the expenses incurred by the
department as a direct result of the false information.
(b) To the person against whom the false information was
provided, for the expenses, including, but not limited to,
reasonable attorney fees, incurred by that person in proceedings
under this part as a direct result of the false information.
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 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.