SENATE BILL No. 470

 

 

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.