HOUSE BILL No. 4719


     May 3, 2001, Introduced by Rep. Birkholz and referred to the Committee on Land Use and Environment.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 12541 (MCL 333.12541).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 12541.  The local health officer or an authorized rep-

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      resentative of the local health department having jurisdiction

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       may  SHALL, ON A WEEKLY BASIS DURING THE SWIMMING SEASON, test

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      and otherwise evaluate the quality of water at bathing beaches

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      open to the public to determine whether the water is safe for

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      bathing purposes.  If, based upon the standards prescribed by the

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      rules promulgated under section 12544, the health officer or the

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      authorized representative determines THAT the water is unsafe for

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      bathing, he or she may petition the circuit court of the county

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      in which the beach is located for an injunction ordering the

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      person owning or operating the bathing beach to close the beach


   00348'01                                                 JCB                                   2

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      for use by bathers or ORDERING other measures that the court

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       deems  CONSIDERS proper to keep persons from entering 
   thereon

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      ON THE BEACH.  The court may grant an injunction if circumstances

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      warrant it.
















































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