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MI SB1348

Bill

Status

Passed

12/29/2010

Primary Sponsor

John Gleason

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Origin

Senate

95th Legislature

AI Summary

  • Modifies liability rules for hazardous substance releases by allowing divisibility of harm among multiple liable parties if there is a reasonable basis for apportionment, with the burden of proof on the party claiming divisibility.

  • Permits contribution actions among liable parties during or after civil actions, with courts considering factors including degree of responsibility, equity principles, care exercised, cooperation with officials, and whether liability should be consolidated.

  • Reallocates uncollectible liability shares among other liable persons and grants contribution protection to parties who resolve liability through administrative or judicial consent orders.

  • Increases criminal penalties for knowing releases, false statements, and rendering inaccurate monitoring devices to a felony punishable by $2,500 to $25,000 per violation, with additional daily fines up to $25,000.

  • Establishes mandatory minimum penalties of $1,000,000 fine and 5 years imprisonment for violations causing substantial endangerment to public health or safety, and authorizes the department to pay up to $10,000 awards for information leading to arrests and convictions.

Legislative Description

Environmental protection; cleanups; part 201 modifications; provide for. Amends secs. 20129, 20137 & 20139 of 1994 PA 451 (MCL 324.20129 et seq.). TIE BAR WITH: HB 6359'10, HB 6360'10, HB 6363'10, SB 1345'10, SB 1346'10

Environmental protection, cleanups

Last Action

Assigned Pa 0230'10 With Immediate Effect

12/29/2010

Committee Referrals

New Economy And Quality Of Life8/18/2010
Natural Resources & Environmental Affairs5/25/2010

Full Bill Text

No bill text available