Act No. 129

Public Acts of 2010

Approved by the Governor

July 21, 2010

Filed with the Secretary of State

July 21, 2010

EFFECTIVE DATE: October 19, 2010

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Senators Thomas, Olshove, Whitmer, Jacobs, Switalski, Anderson, Hunter, Gleason, Brater, Cherry, Prusi, Patterson, Birkholz, Kuipers, Brown, Nofs and Richardville

ENROLLED SENATE BILL No. 1311

AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 282a.

The People of the State of Michigan enact:

Sec. 282a. (1) A person who sells or transfers or attempts to sell or transfer the product or service of an electric provider or natural gas provider to any other person, knowing or having reason to know that the product or service was obtained illegally, is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.

(b) If the person was previously convicted of violating this section, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both.

(2) As used in this section:

(a) “Electric provider” means that term as defined in section 5 of the clean, renewable, and efficient energy act, 2008 PA 295, MCL 460.1005.

(b) “Natural gas provider” means that term as defined in section 9 of the clean, renewable, and efficient energy act, 2008 PA 295, MCL 460.1009.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor