HOUSE BILL No. 4583 April 27, 1999, Introduced by Reps. Julian, Faunce, Howell, Patterson, Jacobs and O'Neil and referred to the Committee on Criminal Law and Corrections. A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 21. (1) The township board shall provide in each ordi- 2 nance a sanction for violation of the ordinance. 3 (2) Consistent with any of the following statutes, the town- 4 ship board may adopt an ordinance that designates a violation of 5 the ordinance as a civil infraction and provides a civil fine for 6 that violation: 7 (a) The Michigan vehicle code,Act No. 300 of the Public8Acts of 1949, being sections 257.1 to 257.923 of the Michigan9Compiled Laws1949 PA 300, MCL 257.1 TO 257.923. 01340'99 a * JOJ 2 1 (b)Act No. 235 of the Public Acts of 1969, being2sections 257.941 to 257.943 of the Michigan Compiled Laws1969 3 PA 235, MCL 257.941 TO 257.943. 4 (c)Act No. 62 of the Public Acts of 1956, being5sections 257.951 to 257.954 of the Michigan Compiled Laws1956 6 PA 62, MCL 257.951 TO 257.954. 7 (3) The township board may adopt an ordinance that desig- 8 nates a violation of the ordinance as a municipal civil infrac- 9 tion and provides a civil fine for that violation. An ordinance 10maySHALL not designate a violation as a municipal civil 11 infraction if that violation may be designated as a civil infrac- 12 tion under subsection (2). A statute may provide that a viola- 13 tion of a specific type of ordinance is a municipal civil infrac- 14 tion whether or not the ordinance designates the violation as a 15 municipal civil infraction. 16 (4) An ordinance shall not make an act or omission a munici- 17 pal civil infraction if that act or omission constitutes a crime 18 under any of the following: 19 (a) Article 7 or section 17766a of the public health code, 20Act No. 368 of the Public Acts of 1978, being sections 333.710121to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 22 PA 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 23 (b) The Michigan penal code,Act No. 328 of the Public Acts24of 1931, being sections 750.1 to 750.568 of the Michigan Compiled25Laws1931 PA 328, MCL 750.1 TO 750.568. 01340'99 a * 3 1 (c)Act No. 300 of the Public Acts of 1949, being2sections 257.1 to 257.923 of the Michigan Compiled LawsTHE 3 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 4 (d) The Michigan liquor controlact, Act No. 8 of the5Public Acts of the Extra Session of 1933, being sections 436.1 to6436.58 of the Michigan Compiled LawsCODE OF 1998, 1998 PA 58, 7 MCL 436.1101 TO 436.2303. 8 (e) Part 801(marine safety)of the natural resources and 9 environmental protection act,Act No. 451 of the Public Acts of101994, being sections 324.80101 to 324.80199 of the Michigan11Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199. 12 (f) The aeronautics code of the state of Michigan,Act13No. 327 of the Public Acts of 1945, being sections 259.1 to14259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 15 259.208. 16 (g) Part 821(snowmobiles) of Act No. 451 of the Public17Acts of 1994, being sections 324.82101 to 324.82159 of the18Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 19 TAL PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82160. 20 (h) Part 811(off-road recreation vehicles) of Act No. 45121of the Public Acts of 1994, being sections 324.81101 to 324.8115022of the Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVI- 23 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 24 324.81150. 25 (i) Sections 351 to 365 of the railroad code of 1993,Act26No. 354 of the Public Acts of 1993, being sections 462.351 to01340'99 a * 4 1462.365 of the Michigan Compiled Laws1993 PA 354, MCL 462.351 2 TO 462.365. 3 (j) Any law of this state under which the act or omission is 4 punishable by imprisonment for more than9093 days. 5 (5) For an ordinance not described in subsection (2) or (3), 6 punishment for a violation of the ordinance shall not exceed a 7 fine of $500.00,or imprisonment for 90 days, or both., in8the discretion of the court.HOWEVER, UNLESS OTHERWISE PROVIDED 9 BY LAW, THE ORDINANCE MAY PROVIDE THAT A VIOLATION OF THE ORDI- 10 NANCE IS PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR 11 A FINE OF NOT MORE THAN $500.00, OR BOTH, IF THE VIOLATION SUB- 12 STANTIALLY CORRESPONDS TO A VIOLATION OF THE MICHIGAN VEHICLE 13 CODE, 1949 PA 300, MCL 257.1 TO 257.923, THAT IS A MISDEMEANOR 14 FOR WHICH THE MAXIMUM PERIOD OF IMPRISONMENT IS 93 DAYS. 15 (6) Fines collected for the violation of the ordinances of a 16 charter township shall be distributed as provided in section 8379 17 of the revised judicature act of 1961,Act No. 236 of the18Public Acts of 1961, being section 600.8379 of the Michigan19Compiled Laws1961 PA 236, MCL 600.8379. 20 Enacting section 1. This amendatory act takes effect 21 October 1, 1999. 22 Enacting section 2. This amendatory act does not take 23 effect unless all of the following bills of the 90th Legislature 24 are enacted into law: 25 (a) Senate Bill No. _____ or House Bill No. _____ (request 26 no. 01321'99). 01340'99 a * 5 1 (b) Senate Bill No. _____ or House Bill No. _____ (request 2 no. 01325'99). 3 (c) Senate Bill No. _____ or House Bill No. _____ (request 4 no. 01326'99). 5 (d) Senate Bill No. _____ or House Bill No. _____ (request 6 no. 01327'99 *). 7 (e) Senate Bill No. _____ or House Bill No. _____ (request 8 no. 01328'99 *). 9 (f) Senate Bill No. _____ or House Bill No. _____ (request 10 no. 01329'99). 11 (g) Senate Bill No. _____ or House Bill No. _____ (request 12 no. 01340'99 *). 13 (h) Senate Bill No. _____ or House Bill No. _____ (request 14 no. 01340'99 b *). 15 (i) Senate Bill No. _____ or House Bill No. _____ (request 16 no. 01340'99 c *). 17 (j) Senate Bill No. _____ or House Bill No. _____ (request 18 no. 01340'99 d *). 01340'99 a * Final page. JOJ