SENATE BILL NO. 1318


   September 23, 1998, Introduced by Senator JAYE and referred to 
        the Committee on Natural Resources and Environmental 
        Affairs.



        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   (MCL 324.101 to 324.90106) by adding section 1301.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 1301.  (1) IF A PERSON BRINGS AN ACTION AGAINST THE

 2    DEPARTMENT FOR DENYING OR IMPOSING CONDITIONS ON THE ISSUANCE OF

 3    A PERMIT UNDER THIS ACT, THE DEPARTMENT SHALL NOT DO EITHER OF

 4    THE FOLLOWING UNLESS SPECIFICALLY APPROVED BY A BILL ENACTED BY

 5    THE LEGISLATURE:

 6         (A) SETTLE THE ACTION FOR A SUM EXCEEDING $1,000,000.00,

 7    INCLUDING ATTORNEY FEES.

 8         (B) APPEAL A JUDGMENT IN THE ACTION IF THE JUDGMENT AWARDED

 9    THE PLAINTIFF DAMAGES EXCEEDING $1,000,000.00, INCLUDING ATTORNEY

10    FEES, OR IF THE APPEAL MAY RESULT IN THE PLAINTIFF BEING AWARDED

11    DAMAGES EXCEEDING $1,000,000.00, INCLUDING ATTORNEY FEES.


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 1         (2) AS USED IN THIS SECTION, "DEPARTMENT" MEANS THE

 2    DEPARTMENT OF NATURAL RESOURCES, THE DIRECTOR OF THE DEPARTMENT

 3    OF NATURAL RESOURCES OR HIS OR HER DESIGNEE, THE DEPARTMENT OF

 4    ENVIRONMENTAL QUALITY, OR THE DIRECTOR OF THE DEPARTMENT OF ENVI-

 5    RONMENTAL QUALITY OR HIS OR HER DESIGNEE.














































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