H.B. 4302-4306: REVISED COMMITTEE SUMMARY INCREASE ORDINANCE PENALTIES

House Bills 4302 through 4306 (as passed by the House) Sponsor: Representative Beverly Bodem (H.B. 4302)

Representative Deborah Whyman (H.B. 4303) Representative Roland Jersevic (H.B. 4304) Representative Allen Lowe (H.B. 4305) Representative Michael Goschka (H.B. 4306)

House Committee: Judiciary and Civil Rights

First Senate Committee: Local, Urban and State Affairs Second Senate Committee: Judiciary

Date Completed: 11-25-96

CONTENT

The bills would amend various Acts pertaining to local governments to permit penalties of up to 93 days in prison for violation of an ordinance, if the violation corresponded substantially to the following offenses under the Michigan Penal Code: domestic assault (MCL 750.81(2)); drawing or delivering on insufficient funds, with intent to defraud, any check, draft, or order for $50 or less (MCL 750.131(3)(a)(i)); or second-degree retail fraud (MCL 750.356d); or, if the violation corresponded substantially to the unauthorized acquisition, use, transfer, or purchase of food stamps (MCL 750.300a(1)(a)) and the defendant did not have a prior conviction for a violation of this provision. Maximum fines for these ordinance violations would be $500, which already may be imposed under the Acts for other ordinance violations. The maximum term of imprisonment for other ordinance violations would remain 90 days.

House Bill 4302 would amend the Home Rule City Act. House Bill 4303 would amend the Charter Township Act. House Bill 4304 would amend Public Act 246 of 1945, which authorizes townships to adopt ordinances and regulations to secure the public health, safety, and general welfare. House Bill 4305 would amend the Home Rule Village Act, and House Bill 4306 would amend the General Law Village Act.

MCL 117.4i (H.B. 4302) Legislative Analyst: P. Affholter 42.21 (H.B. 4303)

41.183 (H.B. 4304)

78.24 (H.B. 4305)

66.2 (H.B. 4306)

FISCAL IMPACT

The bills would have a minimal fiscal impact on State and local law enforcement agencies. The bills’ provisions to change certain misdemeanor jail penalties from 90- to 93-day maximum penalties would trigger statutory fingerprinting and criminal record-keeping requirements that local and State police would be responsible for, although those additional responsibilities would be minimal.