HB-6475, As Passed House, December 7, 2006
September 14, 2006, Introduced by Reps. Gillard, Miller, Palsrok and Pavlov and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 16908b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 16908b. (1) All unpaid cleanup costs for scrap tires
accumulated after January 1, 1991 that are incurred under section
16908(2)(c), including any staff costs, costs of surveillance and
enforcement, and attorney costs or fees constitute a lien in favor
of this state upon a collection site that has been the subject of
cleanup activity by this state. A lien under this subsection has
priority over all other liens and encumbrances except liens and
encumbrances recorded before the date the lien under this
subsection is recorded. A lien under this subsection arises when
this state first incurs such cleanup costs at the collection site.
(2) If the attorney general determines that the lien provided
in subsection (1) is insufficient to protect the interest of this
state in recovering the cleanup costs at a collection site, the
attorney general may file a petition in the circuit court for the
county in which the property is located seeking either or both of
the following:
(a) A lien upon the collection site subject to the scrap tire
cleanup activity that takes priority over all other liens and
encumbrances that are or have been recorded on the collection site.
(b) A lien upon real or personal property or rights to real or
personal property other than the collection site, owned by the
person who owns the collection site, having priority over all other
liens and encumbrances recorded prior to the date the lien under
this subsection is recorded. However, the following are not subject
to the lien provided for in this subdivision:
(i) Assets of a qualified pension plan or individual retirement
account under the internal revenue code.
(ii) Assets held expressly for the purpose of financing a
dependent's college education.
(iii) Up to $500,000.00 in nonbusiness real or personal property
or rights to real or personal property, except that not more than
$25,000.00 of this amount may be cash or securities.
(3) A petition submitted pursuant to subsection (2) shall set
forth with as much specificity as possible the type of lien sought,
the property that would be affected, and the reasons the attorney
general believes the lien is necessary. Upon receipt of a petition
under subsection (2), the court shall promptly schedule a hearing
to determine whether the petition should be granted. Notice of the
hearing shall be provided to the attorney general, the property
owner, and any persons holding liens or perfected security
interests in the real property subject to the cleanup activity.
(4) In addition to the lien provided in subsections (1) and
(2), if this state incurs costs for cleanup activity under section
16908(2)(c) that increase the market value of the real property
that is the location of the cleanup activity, the increase in value
caused by the state-funded cleanup activity, to the extent this
state incurred unpaid cleanup costs, constitutes a lien in favor of
the state upon the real property. This lien has priority over all
other liens or encumbrances that are or have been recorded upon the
property.
(5) A lien provided in subsection (1), (2), or (4) is
perfected against real property when a notice of lien is filed by
the department with the register of deeds in the county in which
the real property is located. In addition, the department shall, at
the time of the filing of the notice of lien, provide a copy of the
notice of lien to the owner of that property by certified mail.
(6) A lien under this section continues until the liability
for the cleanup costs is satisfied.
(7) Upon satisfaction of the liability secured by the lien,
the department shall file a notice of release of lien in the same
manner as provided in subsection (5).
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No. 1423 or House Bill No.____ (request no.
05010'05).
(b) Senate Bill No.____ or House Bill No. 6477 (request no.
06892'06).
(c) Senate Bill No. 1424 or House Bill No.____ (request no.
07116'06 *).
(d) Senate Bill No. 1418 or House Bill No.____ (request no.
07316'06).
(e) Senate Bill No. 1419 or House Bill No.____ (request no.
07318'06).
(f) Senate Bill No. 1420 or House Bill No.____ (request no.
07326'06).
(g) Senate Bill No.____ or House Bill No. 6474 (request no.
07328'06).
(h) Senate Bill No. 1422 or House Bill No.____ (request no.
07332'06).
(i) Senate Bill No. 1421 or House Bill No.____ (request no.
07333'06).
(j) Senate Bill No.____ or House Bill No. 6476 (request no.
07338'06).