SENATE BILL No. 305

March 8, 2001, Introduced by Senator JAYE and referred to the Committee on Judiciary.

A bill to amend 1909 PA 278, entitled

"The home rule village act,"

by amending section 25a (MCL 78.25a), as amended by 1996 PA 42.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 25a. (1) Consistent with any of the following statutes

2 and whether or not authorized by the village charter, the village

3 council may adopt an ordinance that designates a violation of the

4 ordinance as a civil infraction and provides a civil fine for

5 that violation:

6 (a) The Michigan vehicle code, Act No. 300 of the Public

7 Acts of 1949, being sections 257.1 to 257.923 of the Michigan

8 Compiled Laws 1949 PA 300, MCL 257.1 TO 257.923.

9 (b) Act No. 235 of the Public Acts of 1969, being

10 sections 257.941 to 257.943 of the Michigan Compiled Laws 1969

11 PA 235, MCL 257.941 TO 257.943.

01755'01 f KDD

2

1 (c) Act No. 62 of the Public Acts of 1956, being

2 sections 257.951 to 257.954 of the Michigan Compiled Laws 1956

3 PA 62, MCL 257.951 TO 257.955.

4 (2) CONSISTENT WITH PART 801 OF THE NATURAL RESOURCES AND

5 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO

6 324.80199H, THE VILLAGE COUNCIL MAY ADOPT AN ORDINANCE THAT DES-

7 IGNATES A VIOLATION OF THE ORDINANCE AS A STATE CIVIL INFRACTION

8 AND PROVIDES A CIVIL FINE OF NOT MORE THAN $100.00 FOR THAT

9 VIOLATION.

10 (3) (2) Whether or not authorized by the village charter,

11 the village council may adopt an ordinance that designates a vio-

12 lation of the ordinance as a municipal civil infraction and pro-

13 vides a civil fine for that violation. An ordinance may SHALL

14 not designate a violation as a municipal civil infraction if that

15 violation may be designated as a civil infraction under

16 subsection (1) OR A STATE CIVIL INFRACTION UNDER SUBSECTION (2).

17 A statute may provide that a violation of a specific type of

18 ordinance is a municipal civil infraction whether or not the

19 ordinance designates the violation as a municipal civil

20 infraction.

21 (4) (3) An ordinance shall not make an act or omission a

22 municipal civil infraction if that act or omission constitutes a

23 crime under any of the following:

24 (a) Article 7 or section 17766a of the public health code,

25 Act No. 368 of the Public Acts of 1978, being sections 333.7101

26 to 333.7545 and 333.17766a of the Michigan Compiled Laws 1978 PA

27 368, MCL 333.7101 TO 333.7545 AND 333.17766A.

01755'01 f

3

1 (b) The Michigan penal code, Act No. 328 of the Public Acts

2 of 1931, being sections 750.1 to 750.568 of the Michigan Compiled

3 Laws 1931 PA 328, MCL 750.1 TO 750.568.

4 (c) Act No. 300 of the Public Acts of 1949, being sections

5 257.1 to 257.923 of the Michigan Compiled Laws THE MICHIGAN

6 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923.

7 (d) The Michigan liquor control act, Act No. 8 of the

8 Public Acts of the Extra Session of 1933, being sections 436.1 to

9 436.58 of the Michigan Compiled Laws MICHIGAN LIQUOR CONTROL

10 CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303.

11 (e) Part 801 (marine safety) of the natural resources and

12 environmental protection act, Act No. 451 of the Public Acts of

13 1994, being sections 324.80101 to 324.80199 of the Michigan

14 Compiled Laws 1994 PA 451, MCL 324.80101 TO 324.80199H.

15 (f) The aeronautics code of the state of Michigan, Act

16 No. 327 of the Public Acts of 1945, being sections 259.1 to

17 259.208 of the Michigan Compiled Laws 1945 PA 327, MCL 259.1 TO

18 259.208.

19 (g) Part 821 (snowmobiles) of Act No. 451 of the Public

20 Acts of 1994, being sections 324.82101 to 324.82159 of the

21 Michigan Compiled Laws THE NATURAL RESOURCES AND ENVIRONMENTAL

22 PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82160.

23 (h) Part 811 (off-road recreation vehicles) of Act

24 No. 451 of the Public Acts of 1994, being sections 324.81101 to

25 324.81150 of the Michigan Compiled Laws THE NATURAL RESOURCES

26 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO

27 324.81150.

01755'01 f

4

1 (i) Sections 351 to 365 of the railroad code of 1993, Act

2 No. 354 of the Public Acts of 1993, being sections 462.351 to

3 462.365 of the Michigan Compiled Laws 1993 PA 354, MCL 462.351

4 TO 462.365.

5 (j) Any law of this state under which the act or omission is

6 punishable by imprisonment for more than 90 days.

7 Enacting section 1. This amendatory act does not take

8 effect unless all of the following bills of the 91st Legislature

9 are enacted into law:

10 (a) Senate Bill No. 299.

11

12 (b) Senate Bill No. 300.

13

14 (c) Senate Bill No. 301.

15

16 (d) Senate Bill No. 302.

17

18 (e) Senate Bill No. 303.

19

20 (f) Senate Bill No. 304.

21

22 (g) Senate Bill No. 306.

23

24 (h) Senate Bill No. 307.

25

01755'01 f Final page. KDD