Senate Introduced Bill 687
























SENATE BILL NO. 687


   September 21, 1999, Introduced by Senator JAYE and referred to 
        the Committee on Judiciary.



        A bill to amend 1895 PA 3, entitled

   "The general law village act,"

   by amending section 2 of chapter VI (MCL 66.2), as amended by

   1996 PA 41.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                CHAPTER VI

 2         Sec. 2.  (1) Except as otherwise provided in this act, the

 3    council of a village authorized to pass an ordinance may pre-

 4    scribe a sanction for a violation of the ordinance.  If a sanc-

 5    tion is prescribed, it shall be prescribed in the ordinance.

 6         (2) Consistent with any of the following statutes, the vil-

 7    lage council may adopt an ordinance that designates a violation

 8    of the ordinance as a civil infraction and provides a civil fine

 9    for that violation:



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 1         (a) The Michigan vehicle code,  Act No. 300 of the
             Public

 2     Acts of 1949, being sections 257.1 to 257.923 of the
                       Michigan

 3     Compiled Laws  1949 PA 300, MCL 257.1 TO 257.923.

 4         (b)  Act No. 235 of the Public Acts of 1969, being

 5     sections 257.941 to 257.943 of the Michigan Compiled Laws
                        1969

 6    PA 235, MCL 257.941 TO 257.943.

 7         (c)  Act No. 62 of the Public Acts of 1956, being

 8     sections 257.951 to 257.954 of the Michigan Compiled Laws
                        1956

 9    PA 62, MCL 257.951 TO 257.954.

10         (3) CONSISTENT WITH PART 801 OF THE NATURAL RESOURCES AND

11    ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO

12    324.80199H, THE VILLAGE COUNCIL MAY ADOPT AN ORDINANCE THAT DES-

13    IGNATES A VIOLATION OF THE ORDINANCE AS A STATE CIVIL INFRACTION

14    AND PROVIDES A CIVIL FINE OF NOT MORE THAN $100.00 FOR THAT

15    VIOLATION.

16         (4)  (3)  The village council may adopt an
             ordinance that

17    designates a violation of the ordinance as a municipal civil

18    infraction and provides a civil fine for that violation.  An

19    ordinance  may  SHALL not designate a violation as
             a municipal

20    civil infraction if that violation may be designated as a civil

21    infraction under subsection (2) OR A STATE CIVIL INFRACTION UNDER

22    SUBSECTION (3).  A statute may provide that a violation of a spe-

23    cific type of ordinance is a municipal civil infraction whether

24    or not the ordinance designates the violation as a municipal

25    civil infraction.







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 1         (5)  (4)  An ordinance shall not make an act
             or omission a

 2    municipal civil infraction if that act or omission constitutes a

 3    crime under any of the following:

 4         (a) Article 7 or section 17766a of the public health code,

 5     Act No. 368 of the Public Acts of 1978, being sections
             333.7101

 6     to 333.7545 and 333.17766a of the Michigan Compiled Laws
                        1978 PA

 7    368, MCL 333.7101 TO 333.7545 AND 333.17766A.

 8         (b) The Michigan penal code,  Act No. 328 of the Public
             Acts

 9     of 1931, being sections 750.1 to 750.568 of the Michigan
                       Compiled

10     Laws  1931 PA 328, MCL 750.1 TO 750.568.

11         (c)  Act No. 300 of the Public Acts of 1949, being
             sections

12     257.1 to 257.923 of the Michigan Compiled Laws  THE
                       MICHIGAN

13    VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923.

14         (d) The  Michigan liquor control act, Act No. 8 of the

15     Public Acts of the Extra Session of 1933, being sections
                       436.1 to

16     436.58 of the Michigan Compiled Laws  MICHIGAN
                       LIQUOR CONTROL

17    CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303.

18         (e) Part 801  (marine safety)  of the natural
             resources and

19    environmental protection act,  Act No. 451 of the Public
             Acts of

20     1994, being sections 324.80101 to 324.80199 of the Michigan

21     Compiled Laws  1994 PA 451, MCL 324.80101 TO
                       324.80199H.

22         (f) The aeronautics code of the state of Michigan,  Act

23     No. 327 of the Public Acts of 1945, being sections 259.1 to

24     259.208 of the Michigan Compiled Laws  1945 PA 327,
                       MCL 259.1 TO

25    259.208.

26         (g) Part 821  (snowmobiles)  of  Act
             No. 451 of the Public

27     Acts of 1994, being sections 324.82101 to 324.82159 of the



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                                   4

 1    Michigan Compiled Laws  THE NATURAL RESOURCES AND
             ENVIRONMENTAL

 2    PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82160.

 3         (h) Part 811  (off-road recreation vehicles) 
             of  Act

 4     No. 451 of the Public Acts of 1994, being sections 324.81101
                       to

 5     324.81150 of the Michigan Compiled Laws  THE
                       NATURAL RESOURCES

 6    AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO

 7    324.81150.

 8         (i) Sections 351 to 365 of the railroad code of 1993, 
             Act

 9     No. 354 of the Public Acts of 1993, being sections 462.351
                       to

10     462.365 of the Michigan Compiled Laws  1993 PA 354,
                       MCL 462.351

11    TO 462.365.

12         (j) Any law of this state under which the act or omission is

13    punishable by imprisonment for more than 90 days.

14         (6)  (5)  An ordinance not described in
             subsection (2) or

15    (3) may provide that a person who violates the ordinance is

16    subject to either, or both, of the following:

17         (a) Punishment by imprisonment for not more than 90 days or

18    by a fine of not more than $500.00, or both.

19         (b) Payment of court costs.

20         Enacting section 1.  This amendatory act does not take

21    effect unless all of the following bills of the 90th Legislature

22    are enacted into law:

23         (a) Senate Bill No. 682.

24    

25         (b) Senate Bill No. 683.

26    





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 1         (c) Senate Bill No. 684.

 2    

 3         (d) Senate Bill No. 685.

 4    

 5         (e) Senate Bill No. 686.

 6    

 7         (f) Senate Bill No. 688.

 8    

 9         (g) Senate Bill No. 689.

10    

11         (h) Senate Bill No. 690.

12    
































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