May 2, 2007, Introduced by Senators SCOTT, HUNTER, THOMAS, ANDERSON and CLARKE and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1966 PA 293, entitled
"An act to provide for the establishment of charter counties; to
provide for the election of charter commissioners; to prescribe
their powers and duties; to prohibit certain acts of a county board
of commissioners after the approval of the election of a charter
commission; to prescribe the mandatory and permissive provisions of
a charter; to provide for the exercise by a charter county of
certain powers whether or not authorized by its charter; and to
prescribe penalties and provide remedies,"
by amending section 15a (MCL 45.515a), as amended by 1996 PA 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
15a. (1) Consistent with Act No. 58 of the Public Acts of
1945,
being section 46.201 of the Michigan Compiled Laws 1945 PA
58, MCL 46.201, and whether or not authorized by the county
charter, the county board of commissioners of a county established
under this act may adopt an ordinance that designates a violation
of the ordinance as a civil infraction and provides a civil fine
for that violation.
(2) Whether or not authorized by the county charter, the
county board of commissioners may adopt an ordinance that
designates a violation of the ordinance as a municipal civil
infraction and provides a civil fine for that violation. An
ordinance may not designate a violation as a municipal civil
infraction if that violation may be designated as a civil
infraction under subsection (1). A statute may provide that a
violation of a specific type of ordinance is a municipal civil
infraction whether or not the ordinance designates the violation as
a municipal civil infraction.
(3)
An ordinance shall not make may
designate an act or
omission a civil infraction or municipal civil infraction even if
that
act or omission constitutes a crime under any of the
following:
state statute. This
subsection shall only apply to a
crime designated as a misdemeanor with a maximum penalty of
imprisonment of not more than 93 days.
(a)
Article 7 or section 17766a of the public health code, Act
No.
368 of the Public Acts of 1978, being sections 333.7101 to
333.7545
and 333.17766a of the Michigan Compiled Laws.
(b)
The Michigan penal code, Act No. 328 of the Public Acts of
1931,
being sections 750.1 to 750.568 of the Michigan Compiled
Laws.
(c)
The Michigan vehicle code, Act No. 300 of the Public Acts
of
1949, being sections 257.1 to 257.923 of the Michigan Compiled
Laws.
(d)
The Michigan liquor control act, Act No. 8 of the Public
Acts
of the Extra Session of 1933, being sections 436.1 to 436.58
of
the Michigan Compiled Laws.
(e)
Part 801 (marine safety) of the natural resources and
environmental
protection act, Act No. 451 of the Public Acts of
1994,
being sections 324.80101 to 324.80199 of the Michigan
Compiled
Laws.
(f)
The aeronautics code of the state of Michigan, Act No. 327
of
the Public Acts of 1945, being sections 259.1 to 259.208 of the
Michigan Compiled Laws.
(g)
Part 821 (snowmobiles) of Act No. 451 of the Public Acts
of
1994, being sections 324.82101 to 324.82159 of the Michigan
Compiled
Laws.
(h)
Part 811 (off-road recreation vehicles) of Act No. 451 of
the
Public Acts of 1994, being sections 324.81101 to 324.81150 of
the
Michigan Compiled Laws.
(i)
Sections 351 to 365 of the railroad code of 1993, Act No.
354
of the Public Acts of 1993, being sections 462.351 to 462.365
of
the Michigan Compiled Laws.
(j)
Any law of this state under which the act or omission is
punishable
by imprisonment for more than 90 days.