HOUSE BILL No. 4360


     March 2, 1999, Introduced by Reps. Schermesser, Hale and DeHart and referred to the Committee on Family and Civil Law.


        A bill to provide for actions on behalf of the people of the

   state for damages caused by unlawful burning; and to provide for

   remedies and sanctions.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 1.  (1) Any person may maintain an action under this

 2    act on behalf of the people of the state against any person,

 3    partnership, corporation, association, or other legal entity for

 4    damages caused by the defendant's actions in burning any property

 5    or material unlawfully.

 6         (2) Ownership of the property or material burned unlawfully

 7    is not a defense to an action under this act.

 8         (3) As used in this act, "unlawfully" means contrary to an

 9    applicable statute, rule, ordinance, or permit.






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 1         Sec. 2.  An action under this act shall be brought in the

 2    circuit court having jurisdiction where the alleged unlawful

 3    burning occurred.

 4         Sec. 3.  (1) If the court determines that a defendant burned

 5    any property or material unlawfully, the court shall enter a

 6    judgment against the defendant providing for all of the

 7    following:

 8         (a) An award of damages in favor of the people of the state,

 9    as determined from the evidence presented.

10         (b) An award to the person maintaining the action of his or

11    her attorney fees and costs expended in maintaining the action.

12         (c) Imposition of a civil fine on the defendant of not less

13    than $100.00 or not more than $1,000.00.

14         (2) In satisfaction of a judgment awarded under subsection

15    (1), priority is given to the award of attorney fees and costs

16    under subsection (1)(b).

17         Sec. 4.  This act is supplementary to existing civil reme-

18    dies and administrative and regulatory procedures provided by

19    law.



















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