2003 House Bill 5273 / 2004 Public Act 168

Revise hazardous waste transport penalties

Introduced in the House

Nov. 6, 2003

Introduced by Rep. Tom Casperson (R-108)

To establish that a person (truck driver) violating hazardous waste transport regulations would be guilty of civil infraction with a maximum fine of $500, while a person or company that knowingly or willfully violated the regulations would be subject to criminal penalties of up to one year in prison, and a fine of $500 per violation. The current law, which was passed in reaction to the terrorism threat, gives law enforcement officials no discretion when faced with minor or unintentional violations that should warrant civil fines only.

Referred to the Committee on Transportation

April 29, 2004

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

May 4, 2004

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Tom Casperson (R-108)

To clarify that the bill requires a state civil fine, even though the relevent regulations are federal.

The amendment passed by voice vote

Passed in the House 106 to 0 (details)

Received in the Senate

May 5, 2004

Referred to the Committee on Transportation

June 3, 2004

Reported without amendment

With the recommendation that the bill pass.

June 9, 2004

Passed in the Senate 37 to 0 (details)

To establish that a person (truck driver) violating hazardous waste transport regulations would be guilty of civil infraction with a maximum fine of $500, while a person or company that knowingly or willfully violated the regulations would be subject to criminal penalties of up to one year in prison, and a fine of $500 per violation. The current law, which was passed in reaction to the terrorism threat, gives law enforcement officials no discretion when faced with minor or unintentional violations that should warrant civil fines only.

Signed by Gov. Jennifer Granholm

June 24, 2004