HOUSE BILL No. 6260 November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs. A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4l. (1) Consistent with any of the following statutes 2 and whether or not authorized by the city charter, the legisla- 3 tive body of a city may adopt an ordinance that designates a vio- 4 lation of the ordinance as a civil infraction and provides a 5 civil fine for that violation: 6 (a) The Michigan vehicle code,Act No. 300 of the Public7Acts of 1949, being sections 257.1 to 257.923 of the Michigan8Compiled Laws1949 PA 300, MCL 257.1 TO 257.923. 9 (b)Act No. 235 of the Public Acts of 1969, being10sections 257.941 to 257.943 of the Michigan Compiled Laws1969 11 PA 235, MCL 257.941 TO 257.943. 06130'98 n LBO 2 1 (c)Act No. 62 of the Public Acts of 1956, being2sections 257.951 to 257.954 of the Michigan Compiled Laws1956 3 PA 62, MCL 257.951 TO 257.954. 4 (2) Whether or not authorized by the city charter, the leg- 5 islative body of a city may adopt an ordinance that designates a 6 violation of the ordinance as a municipal civil infraction and 7 provides a civil fine for that violation. An ordinance may not 8 designate a violation as a municipal civil infraction if that 9 violation may be designated as a civil infraction under 10 subsection (1). A statute may provide that a violation of a spe- 11 cific type of ordinance is a municipal civil infraction whether 12 or not the ordinance designates the violation as a municipal 13 civil infraction. 14 (3) An ordinance shall not make an act or omission a munici- 15 pal civil infraction if that act or omission constitutes a crime 16 under any of the following: 17 (a) Article 7 or section 17766a of the public health code, 18Act No. 368 of the Public Acts of 1978, being sections 333.710119to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 PA 20 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 21 (b) The Michigan penal code,Act No. 328 of the Public Acts22of 1931, being sections 750.1 to 750.568 of the Michigan Compiled23Laws1931 PA 328, MCL 750.1 TO 750.568. 24 (c)Act No. 300 of the Public Acts of 1949, being25sections 257.1 to 257.923 of the Michigan Compiled LawsTHE 26 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 06130'98 n 3 1 (d) The Michigan liquor controlact, Act No. 8 of the2Public Acts of the Extra Session of 1933, being sections 436.1 to3436.58 of the Michigan Compiled LawsCODE OF 1998, 1998 PA 58, 4 MCL 436.1101 TO 436.2303. 5 (e) Part 801(marine safety)of the natural resources and 6 environmental protection act,Act No. 451 of the Public Acts of71994, being sections 324.80101 to 324.80199 of the Michigan8Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199. 9 (f) The aeronautics code of the state of Michigan,Act10No. 327 of the Public Acts of 1945, being sections 259.1 to11259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 12 259.208. 13 (g) Part 821(snowmobiles) of Act No. 451 of the Public14Acts of 1994, being sections 324.82101 to 324.82159 of the15Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 16 TAL PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 17 (h) Part 811(off-road recreation vehicles) of Act No. 45118of the Public Acts of 1994, being sections 324.81101 to 324.8115019of the Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVI- 20 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 21 324.81150. 22 (i) Sections 351 to 365 of the railroad code of 1993,Act23No. 354 of the Public Acts of 1993, being sections 462.351 to24462.365 of the Michigan Compiled Laws1993 PA 354, MCL 462.351 25 TO 462.365. 26 (j) Any law of this state under which the act or omission is 27 punishable by imprisonment for more than 90 days. 06130'98 n