March 14, 2006, Introduced by Reps. Marleau, Farhat, Kolb, Taub, Brown, Hood, Hansen, Caswell, Gaffney, Hildenbrand, LaJoy, Schuitmaker, Kahn, Polidori, Caul, Nofs, Sheltrown, Baxter, Whitmer, Farrah, Byrnes, Huizenga, Stahl, Proos, Rocca, Garfield, Sak, Gleason, Pastor, Stewart, Jones, Booher, Angerer, Gillard, McDowell, Byrum, Zelenko, Vagnozzi, Alma Smith, Lipsey, Nitz, Mortimer, Ball, Brandenburg, Amos, Bieda, Moolenaar, David Law, Stakoe, Wenke, Mayes, Pavlov, Palsrok and Cheeks and referred to the Committee on Appropriations.
A bill to amend 1963 PA 181, entitled
"Motor carrier safety act of 1963,"
by amending section 12 (MCL 480.22), as amended by 2005 PA 177.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12. (1) Except as provided in subsection (2), a person,
driver, owner, carrier, lessee, or lessor shall not transfer or
allow to be transferred a hazardous material from a cargo tank,
portable tank, or any other container to any cargo tank, portable
tank, fuel tank, or any other container on a highway, road, street,
or alley within this state.
(2) Subsection (1) does not apply to the following transfer
situations:
(a) Fueling machinery or equipment for construction, farm, and
maintenance use.
(b) Fueling emergency vehicles.
(c) Under emergency conditions, a transfer may be made
provided
it is approved by the local fire chief, the state fire
marshal
bureau of fire services
created in section 1b of the fire
prevention code, 1941 PA 207, MCL 29.1b, or a hazardous materials
investigator of the motor carrier division of the department of
state police pursuant to their respective authority under the fire
prevention code, 1941 PA 207, MCL 29.1 to 29.34.
(3) A person shall not overfill a container, including a
storage tank, during a transfer of a hazardous material from or
into a vehicle, so that hazardous material is released from the
package or container.
(4)
The penalty for violating this section
shall be is as
prescribed in section 7c.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1133 or House Bill No.____ (request no.
03197'05 ***) of the 93rd Legislature is enacted into law.