HB-4923, As Passed Senate, January 31, 2012
September 8, 2011, Introduced by Reps. Constan and Byrum and referred to the Committee on Judiciary.
A bill to amend 1895 PA 3, entitled
"The general law village act,"
by amending sections 2 and 4 of chapter VI (MCL 66.2 and 66.4),
section 2 as amended by 1999 PA 57 and section 4 as amended by 1999
PA 259.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER VI
Sec. 2. (1) Except as otherwise provided in this act, the
council of a village authorized to pass an ordinance may prescribe
a sanction for a violation of the ordinance. If a sanction is
prescribed, it shall be prescribed in the ordinance.
(2) Consistent with any of the following statutes, the village
council may adopt an ordinance that designates a violation of the
ordinance as a civil infraction and provides a civil fine for that
violation:
(a) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923.
(b) 1969 PA 235, MCL 257.941 to 257.943.
(c)
1956 PA 62, MCL 257.951 to 257.954.257.955.
(3) The village council may adopt an ordinance that designates
a violation of the ordinance as a municipal civil infraction and
provides a civil fine for that violation. An ordinance shall not
designate a violation as a municipal civil infraction if that
violation may be designated as a civil infraction under subsection
(2). A statute may provide that a violation of a specific type of
ordinance is a municipal civil infraction whether or not the
ordinance designates the violation as a municipal civil infraction.
(4) An ordinance shall not make an act or omission a municipal
civil infraction if that act or omission constitutes a crime under
any of the following:
(a)
Article 7 or section 17766a of the public health code,
1978
PA 368, MCL 333.7101 to 333.7545. and 333.17766a.
(b) The Michigan penal code, 1931 PA 328, MCL 750.1 to
750.568.
(c) The Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923.
(d) The Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1101 to 436.2303.
(e) Part 801 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.80101 to 324.80199.
(f) The aeronautics code of the state of Michigan, 1945 PA
327, MCL 259.1 to 259.208.
(g) Part 821 of of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.82101 to 324.82160.
(h) Part 811 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81101 to 324.81150.
(i) Sections 351 to 365 of the railroad code of 1993, 1993 PA
354, MCL 462.351 to 462.365.
(j) Any law of this state under which the act or omission is
punishable by imprisonment for more than 93 days.
(5) An ordinance not described in subsection (2) or (3) may
provide that a violation of the ordinance is punishable by
imprisonment for not more than 90 days or by a fine of not more
than $500.00, or both. However, unless otherwise provided by law,
the ordinance may provide that a violation of the ordinance is
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both, if the violation substantially
corresponds to a violation of state law that is a misdemeanor for
which the maximum period of imprisonment is 93 days. In addition, a
village may adopt section 625(1)(c) of the Michigan vehicle code,
1949 PA 300, MCL 257.625, by reference in an adopting ordinance and
shall provide that a violation of that ordinance is a misdemeanor
punishable by 1 or more of the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.
Sec. 4. (1) Within 15 days after an ordinance is passed, the
clerk shall publish the ordinance or a synopsis of the ordinance in
a newspaper circulated in the village. Immediately after the
ordinance or synopsis of the ordinance is published, the clerk
shall enter in the record of ordinances, in a blank space to be
left for that purpose under the record of the ordinance, a signed
certificate, stating the date on which and the name of the
newspaper in which the ordinance was published. The certificate is
prima facie evidence of the publication of the ordinance or the
synopsis.
(2) A village may adopt a provision of any state statute for
which the maximum period of imprisonment is 93 days, the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or a plumbing
code, electrical code, mechanical code, fire protection code,
building code, or other code promulgated by this state, by a
department, board, or other agency of this state, or by an
organization or association that is organized or conducted for the
purpose of developing a code, by reference to the law or code in an
adopting ordinance and without publishing the law or code in full.
The law or code shall be clearly identified in the ordinance and a
statement of the purpose of the law or code shall be published with
the adopting ordinance. Printed copies of the law or code shall be
kept in the office of the village clerk available for inspection by
or distribution to the public during normal business hours. The
village may charge a fee that does not exceed the actual cost for
copies of the law or code distributed to the public. The
publication in the newspaper shall contain a notice to the effect
that a complete copy of the law or code is available for public use
and
inspection at the office of the village clerk. A Except as
otherwise provided in this subsection, a village shall not enforce
any provision adopted by reference for which the maximum period of
imprisonment is greater than 93 days. A village may adopt section
625(1)(c) of the Michigan vehicle code, 1949 PA 300, MCL 257.625,
by reference in an adopting ordinance and shall provide that a
violation of that ordinance is a misdemeanor punishable by 1 or
more of the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.