HOUSE BILL No. 6275
November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs. A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, com- missions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordi- nances and laws not inconsistent with this act; and to provide methods for abolition of a unified form of county government," by amending section 6a (MCL 45.556a), as amended by 1996 PA 38. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6a. (1) Consistent with Act No. 58 of the Public Acts 2 of 1945, being section 46.201 of the Michigan Compiled Laws 1945 3 PA 58, MCL 46.201, the county board of commissioners may adopt an 4 ordinance that designates a violation of the ordinance as a civil 5 infraction and provides a civil fine for that violation. 6 (2) The county board of commissioners may adopt an ordinance 7 that designates a violation of the ordinance as a municipal civil 06130'98 g LBO 2 1 infraction and provides a civil fine for that violation. An 2 ordinance may not designate a violation as a municipal civil 3 infraction if that violation may be designated as a civil infrac- 4 tion under subsection (1). A statute may provide that a viola- 5 tion of a specific type of ordinance is a municipal civil infrac- 6 tion whether or not the ordinance designates the violation as a 7 municipal civil infraction. 8 (3) An ordinance shall not make an act or omission a munici- 9 pal civil infraction if that act or omission constitutes a crime 10 under any of the following: 11 (a) Article 7 or section 17766a of the public health code, 12 Act No. 368 of the Public Acts of 1978, being sections 333.7101 13 to 333.7545 and 333.17766a of the Michigan Compiled Laws 1978 PA 14 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 15 (b) The Michigan penal code, Act No. 328 of the Public Acts 16 of 1931, being sections 750.1 to 750.568 of the Michigan Compiled 17 Laws 1931 PA 328, MCL 750.1 TO 750.568. 18 (c) The Michigan vehicle code, Act No. 300 of the Public 19 Acts of 1949, being sections 257.1 to 257.923 of the Michigan 20 Compiled Laws 1949 PA 300, MCL 257.1 TO 257.923. 21 (d) The Michigan liquor control act, Act No. 8 of the 22 Public Acts of the Extra Session of 1933, being sections 436.1 to 23 436.58 of the Michigan Compiled Laws CODE OF 1998, 1998 PA 58, 24 MCL 435.1101 TO 436.2303. 25 (e) Part 801 (marine safety) of the natural resources and 26 environmental protection act, Act No. 451 of the Public Acts of 06130'98 g 3 1 1994, being sections 324.80101 to 324.80199 of the Michigan 2 Compiled Laws 1994 PA 451, MCL 324.80101 TO 324.80199. 3 (f) The aeronautics code of the state of Michigan, Act 4 No. 327 of the Public Acts of 1945, being sections 259.1 to 5 259.208 of the Michigan Compiled Laws 1945 PA 327, MCL 259.1 TO 6 259.208. 7 (g) Part 821 (snowmobiles) of Act No. 451 of the Public 8 Acts of 1994, being sections 324.82101 to 324.82159 of the 9 Michigan Compiled Laws OF THE NATURAL RESOURCES AND ENVIRONMEN- 10 TAL PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 11 (h) Part 811 (off-road recreation vehicles) of Act No. 451 12 of the Public Acts of 1994, being sections 324.81101 to 324.81150 13 of the Michigan Compiled Laws OF THE NATURAL RESOURCES AND ENVI- 14 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 15 324.81150. 16 (i) Sections 351 to 365 of the railroad code of 1993, Act 17 No. 354 of the Public Acts of 1993, being sections 462.351 to 18 462.365 of the Michigan Compiled Laws 1993 PA 354, MCL 462.351 19 TO 462.365. 20 (j) Any law of this state under which the act or omission is 21 punishable by imprisonment for more than 90 days. 06130'98 g Final page. LBO