SB-1171, As Passed Senate, December 9, 2004                                 

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1171

                  (As amended December 8, 2004)                             

                                                                             A bill to amend 1994 PA 451, entitled                                             

"Natural resources and environmental protection act,"                       

by amending sections 8901, 8904, and 8905a (MCL 324.8901,                   

324.8904, and 324.8905a), section 8904 as amended and section               

8905a as added by 1998 PA 15.                                               

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 8901.  As used in this part:                                           

2       (a) "Litter" means  all  rubbish, refuse, waste material,                   

3   garbage, offal, paper, glass, cans, bottles, trash, debris, or              

4   other foreign substances or a vehicle that is [considered abandoned under

5   section 252a] of the Michigan vehicle code, 1949 PA 300, MCL                

6   [257.252a]

7       (b) "Public or private property or water" includes, but is                  

8   not limited to, any of the following:                                       

9                                                                                (i) The right-of-way of a road or highway, a body of water or                       

1   watercourse, or the shore or beach of  the a body of water or              

2   watercourse, including the ice above the water.                             

3       (ii) A park, playground, building, refuge, or conservation or                

4   recreation area.                                                            

5       (iii) Residential or farm properties or timberlands.                         

6       (c) "Vehicle" means  every a motor vehicle registered or                   

7   required to be registered under the Michigan vehicle code,  Act             

8   No. 300 of the Public Acts of 1949, being sections 257.1 to                 

9   257.923 of the Michigan Compiled Laws 1949 PA 300, MCL 257.1 to            

10  257.923.                                                                    

11      (d) "Vessel" means a vessel registered under  the marine                    

12  safety act, Act No. 303 of the Public Acts of 1967, being                   

13  sections 281.1001 to 281.1199 of the Michigan Compiled Laws part           

14  801.                                                                        

15      Sec. 8904.  (1) Except as provided in subsection (3)                        

16  involving litter from a leased vehicle or leased vessel, in a               

17  proceeding for a violation of this part involving litter from a             

18  motor vehicle or vessel, proof that the particular vehicle or               

19  vessel described in the citation, complaint, or warrant was used            

20  in the violation, together with proof that the defendant named in           

21  the citation, complaint, or warrant was the registered owner of             

22  the vehicle or vessel at the time of the violation,  constitutes            

23  an evidentiary gives rise to a rebuttable presumption that the             

24  registered owner of the vehicle or vessel was the driver of the             

25  vehicle or vessel at the time of the violation.                             

26      (2)  The There is a rebuttable presumption that the driver                 

27  of a vehicle or vessel is  presumed to be  responsible for litter           

1   that is thrown, dumped, deposited, placed, or left from the                 

2   vehicle or vessel on public or private property or water.                   

3       (3) In a proceeding for a violation of this part involving                  

4   litter from a leased motor vehicle or leased vessel, proof that             

5   the particular vehicle or vessel described in the citation,                 

6   complaint, or warrant was used in the violation, together with              

7   proof that the defendant named in the citation, complaint, or               

8   warrant was the lessee of the vehicle or vessel at the time of              

9   the violation,  constitutes an evidentiary gives rise to a                 

10  rebuttable presumption that the lessee of the vehicle or vessel             

11  was the driver of the vehicle or vessel at the time of the                  

12  violation.                                                                  

13      (4)  This section shall not apply if a sanction for the                     

14  conduct is prescribed in section 8905a. In a proceeding for a              

15  violation of this part involving litter consisting of an                    

16  abandoned vehicle, proof that the particular vehicle described in           

17  the citation, complaint, or warrant was abandoned, and that the             

18  defendant named in the citation, complaint, or warrant was the              

19  titled owner or lessee of the vehicle at the time it was                    

20  abandoned, gives rise to a rebuttable presumption that the                  

21  defendant abandoned the vehicle.

22      Sec. 8905a.  (1) A person who violates this part where the                  

23  amount of the litter is less than 1 cubic foot in volume is                 

24  responsible for a state civil infraction and is subject to a                

25  civil fine of not more than $800.00.                                        

26      (2) A person who violates this part where the amount of the                 

27  litter is 1 cubic foot or more but less than 3 cubic feet in                

Senate Bill No. 1171 (H-1) as amended December 8, 2004

1   volume is responsible for a state civil infraction and is subject           

2   to a civil fine of not more than $1,500.00.                                 

3       (3)  A Except as provided in subsection (4), a person who                  

4   violates this part where the amount of the litter is 3 cubic feet           

5   or more in volume is responsible for a state civil infraction and           

6   is subject to a civil fine of not more than $2,500.00.  A person            

7   found to have  violated committed a violation described in this            

8   subsection in a subsequent proceeding is subject to a civil fine            

9   of not more than $5,000.00.                                                 

10  (4) A person who violates this part where the litter consists               

11  of an abandoned vehicle is responsible for a state civil                    

12  infraction and is subject to a civil fine of not less than                  

13  $500.00 or more than $2,500.00.  A person found to have committed           

14  a violation described in this subsection in a subsequent                    

15  proceeding is subject to a civil fine of not less than $1,000.00            

16  or more than $5,000.00.  [However, the court shall not order the payment of a fine unless the vehicle has been disposed of under section 252g of the Michigan vehicle code, 1949 PA 300, MCL 257.252g.]

17      (5)  (4)  A default in the payment of a civil fine or costs                 

18  ordered under this part or an installment of the fine or costs              

19  may be remedied by any means authorized under the revised                   

20  judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947.               

21  (6)  (5)  This section does not apply to a violation of                     

22  section 8903 or 8905.