Michigan House Bill HB4321

Michigan 2023-2024 Regular Session

• Introduced: 3/22/23
• Refer: 3/22/23

Caption

Environmental protection: other; criminal penalties and civil fines for unlawful dumping of garbage; provide for. Amends sec. 8905a of 1994 PA 451 (MCL 324.8905a).

Impact

If enacted, HB4321 would markedly increase the penalties for littering within the state. The proposed amendments suggest that repeat offenders face significantly higher fines, which could deter illegal dumping and promote more responsible behaviors towards waste disposal. Furthermore, the bill allows courts to impose orders concerning the reimbursement of cleanup costs to local authorities and community groups that handle litter removal, thereby enhancing local funding for environmental initiatives and creating a financial incentive to maintain clean public spaces.

Summary

House Bill 4321 seeks to amend the Natural Resources and Environmental Protection Act of 1994 by revising penalties associated with unlawful dumping of litter. The bill establishes a tiered system of civil fines based on the volume of litter, specifically categorizing violations into different ranges: fines for litter less than 1 cubic foot, between 1 to 3 cubic feet, and exceeding 3 cubic feet. The legislation delineates these offenses as civil infractions while also introducing criminal penalties for larger amounts of litter, like misdemeanors for violations involving 3 cubic feet or more, which escalate with subsequent offenses.

Contention

One noted area of contention surrounding this bill involves opinions regarding the escalatory fines for repeat offenses and how they may disproportionately affect lower-income individuals, who may lack the resources to comply with such financial penalties. Critics argue that while the intent is to curb littering, the bill might create an undue burden on certain community members. On the other hand, proponents argue that stronger penalties are necessary to enforce environmental laws effectively and protect local ecosystems.

Final_notes

The bill aims to address the serious issue of litter pollution and could lead to significant changes in state law regarding environmental protection. The committee discussions reflect a strong divide between those prioritizing environmental maintenance and those concerned about the socio-economic implications of stricter penalties.