AZARDOUS WASTE TRANSPORT:

REVISE PENALTIES

House Bill 5273

Sponsor:  Rep. Tom Casperson

Committee:  Transportation

Complete to 3-31-04

A SUMMARY OF HOUSE BILL 5273 AS INTRODUCED 11-6-03

House Bill 5273 would revise the penalties for the improper transportation of hazardous materials. 

Currently under the law, a person convicted of violating the federal law and rules that govern the transport of hazardous waste (which is required to be marked or labeled under 49 C.F.R. parts 100 to 180) is guilty of a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $500 for each violation.  Further, a person who transports hazardous waste without a hazardous material endorsement on his or her driver license is punished with the same misdemeanor penalty.  The bill would revise both of these penalties to specify that a violator of each provision would be responsible for a civil infraction and could be ordered to pay a fine of not more than $500.

In addition, the bill specifies that a person who knowingly or willfully violated this act or a rule promulgated under it would be, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $500 for each violation.  Further, a person who caused injury or death during a violation of the act while transporting hazardous materials would be, upon conviction, guilty of a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $500 for each violation.

MCL 480.17c

                                                                                           Legislative Analyst:   J. Hunault     

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.