CIVIL INFRACTIONS H.B. 5542: FLOOR ANALYSIS
House Bill 5542 (as reported by the Committee of the Whole) Sponsor: Representative Eric Bush
House Committee: Judiciary and Civil Rights Senate Committee: Judiciary
The bill would amend Public Act 359 of 1921, which provides for the issuance of veterans’ licenses without cost to former members of the U.S. armed forces to sell their own goods within Michigan, to designate as a State civil infraction certain civil infractions under the Act. The Act requires a licensee under the Act to display signs stating that the sale of the products is for his or her own personal benefit, and prohibits a person from knowingly making a false representation that the proceeds from goods sold would benefit a veterans’ organization. Violation of these provisions is a civil infraction and the Act specifies that a violator may be “liable for” a civil fine of not more than $1,000. The bill would designate those violations as State civil infractions and provides that a violator could be “ordered to pay” a civil fine of up to $1,000.
The bill also would delete a provision requiring that the prosecutor for the county in which a person violated the Act bring a civil action to enforce the Act.
The bill would amend the Act’s definition of “veterans’ organization” to refer to an entity organized for a “charitable”, rather than an “eleemosynary”, purpose.
MCL 35.442 Legislative Analyst: P. Affholter
The bill would have no fiscal impact on State or local government.
Date Completed: 3-25-96 Fiscal Analyst: R. Ross
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.