SENATE BILL No. 138

February 6, 2001, Introduced by Senator BENNETT and referred to the Committee on Local,

Urban and State Affairs.

A bill to amend 1956 PA 62, entitled

"An act to authorize the director of the department of state

police to promulgate a uniform traffic code; to authorize a city,

township, or village to adopt the uniform traffic code by refer-

ence without publication in full; and to prescribe criminal pen-

alties and civil sanctions for violation of the code,"

by amending sections 1 and 3 (MCL 257.951 and 257.953), section 1

as amended by 1998 PA 69.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1. (1) A city, township, or village may adopt by ref-

2 erence a code or ordinance for the regulation of traffic within

3 cities, townships, and villages that has been promulgated by the

4 director of the department of state police. The director of the

5 department of state police may promulgate a uniform traffic code

6 pursuant to the administrative procedures act of 1969, 1969

7 PA 306, MCL 24.201 to 24.328.

01341'01 KDD

2

1 (2) A city, township, or village, with the consent of, or at

2 the request of, a person who is in charge of a private road or

3 parking lot, whether or not that road or parking lot is open to

4 the general public, may contract with that person for the city,

5 township, or village to enforce provisions of the uniform traffic

6 code or ordinance adopted under this section on that private road

7 or parking lot. As used in this subsection, "person" means an

8 individual, corporation, association, partnership, or other legal

9 entity.

10 (3) A uniform traffic code promulgated by the director of

11 the department of state police under this section shall specify

12 whether a person who violates a particular provision of the code

13 is guilty of a misdemeanor or is responsible for a civil

14 infraction. The director may establish civil sanctions for civil

15 infractions, except that a civil sanction in excess of that pre-

16 scribed in the vehicle code is in conflict with that act and is

17 void to the extent of the conflict. The uniform traffic code

18 shall not impose a criminal penalty for an act or omission that

19 is a civil infraction under the vehicle code.

20 (4) Violation of a provision designated a civil infraction

21 in the uniform traffic code shall be processed in the same manner

22 as a civil infraction under the vehicle code.

23 (5) Notwithstanding the requirements of the uniform traffic

24 code, a sign designating a parking space for persons with dis-

25 abilities shall be 12 inches by 18 inches or larger, and shall be

26 either blue or white and at a minimum contain the international

01341'01

3

1 handicapped symbol in contrasting colors of either blue or white

2 in the center of the sign.

3 (6) The provisions of the uniform traffic code promulgated

4 pursuant to this act that relate to driving while under the

5 influence of an alcoholic beverage or driving with impaired abil-

6 ity shall be identical to the provisions of sections 625 to

7 625m 625N of the Michigan vehicle code, 1949 PA 300,

8 MCL 257.625 to 257.625m 257.625N.

9 (7) For purposes of this section, "vehicle code" means the

10 Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.

11 Sec. 3. If the commissioner DIRECTOR of the DEPARTMENT OF

12 state police shall thereafter amend such AMENDS THE code, any

13 A city, township, or village which THAT has adopted such THE

14 code by reference may adopt such THE amendment by reference by

15 the same procedure as required for the adoption of the original

16 code , or such amendment may be adopted OR by enacting an ordi-

17 nance setting forth the entire text of such THE amendment.

18 HOWEVER, IF THE ORDINANCE ADOPTING THE ORIGINAL CODE EXPLICITLY

19 PROVIDES OR IS AMENDED TO PROVIDE THAT FUTURE AMENDMENTS TO THE

20 CODE ARE INCORPORATED BY REFERENCE WHEN, OR A SPECIFIED PERIOD OF

21 TIME AFTER, THE AMENDMENTS TO THE CODE ARE PROMULGATED AND EFFEC-

22 TIVE, THE AMENDMENTS TO THE CODE ARE AUTOMATICALLY INCORPORATED

23 IN THE ORDINANCE.

01341'01 Final page. KDD