2003 House Bill 5216 / Public Act 316

Introduced in the House

Oct. 30, 2003

Introduced by Rep. Steve Tobocman (D-12)

To allow cities to enforce ordinances designated as "quality of life violations" through an alternative adjudication system which would bypass clogged district courts (such as the 36th district which serves Detroit). A city could establish an administrative hearings bureau, which would not be bound by the formal rules of evidence would that apply in criminal courts. The bureau could not impose jail sentences, but could impose civil fines of up to $10,000. Rulings by the bureau could be appealed to district court. Quality of life violations could include violations of local zoning laws, building or construction codes, building or property maintenance codes, fire prevention codes, illegal dumping and solid waste disposal laws, noxious weeds ordinances, and local laws dealing with vehicle abandonment, inoperative vehicles, and vehicle impoundment. This is part of a legislative package comprised of House Bills 5216 to 5220, 5223, and 5224.

Referred to the Committee on Judiciary

Nov. 6, 2003

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Dec. 2, 2003

Substitute offered

To replace the previous version of the bill with one which eliminates the enforcement of construction codes from the proposed alternative adjudication system.

The substitute passed by voice vote

Substitute offered by Rep. Jim Howell (R-94)

To replace the previous version of the bill with one which replaces references to “quality of life” violations with the term “blight violations”.

The substitute passed by voice vote

Amendment offered by Rep. Jim Howell (R-94)

To clarify the provision governing appointment of hearing officers in the proposed bureaus.

The amendment passed by voice vote

Amendment offered by Rep. Jim Howell (R-94)

To include and municipal vehicle licensing as one of the violations covered by the proposed bureaus.

The amendment passed by voice vote

Amendment offered by Rep. Jim Howell (R-94)

To prohibit cities with rental housing inspection programs from issuing citations under the proposed alternative system to landlords during inspections, unless the landlord is first given a written correction notice and a reasonable opportunity to correct the violation, or the violation represents an immediate health and safety emergency.

The amendment passed by voice vote

Amendment offered by Rep. Ken Bradstreet (R-105)

To narrow the scope of the bill to only allow the alternative adjudication system in cities with a population of 7,500 or more.

The amendment passed by voice vote

Passed in the House 91 to 16 (details)

To allow cities to enforce ordinances designated as "blight violations" through an alternative adjudication system which would bypass clogged district courts (such as the 36th district which serves Detroit). A city could establish an administrative hearings bureau, which would not be bound by the formal rules of evidence would that apply in criminal courts. The bureau could not impose jail sentences, but could impose civil fines of up to $10,000. Rulings by the bureau could be appealed to district court. Blight violations could include violations of local zoning laws, building or property maintenance codes, fire prevention codes, illegal dumping and solid waste disposal laws, noxious weeds ordinances, and local laws dealing with vehicle abandonment, inoperative vehicles, and vehicle impoundment. This is part of a legislative package comprised of House Bills 5216 to 5220, 5223, and 5224.

Received in the Senate

Dec. 4, 2003

Referred to the Committee on Judiciary

Dec. 11, 2003

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Dec. 16, 2003

Substitute offered

To replace the previous version of the bill with one which establishes that the bill would apply to cities with a population of at least 7,500, or for Wayne County a population of at least 3,300, and which incorporates technical changes that do not affect the substance of the bill as previously described. The substitute also clarifies that a person could not be made subject to both a blight citation and civil prosecution for the same offence.

The substitute passed by voice vote

Dec. 17, 2003

Passed in the Senate 38 to 0 (details)

To allow cities above a certain size to enforce ordinances designated as "blight violations" through an alternative adjudication system which would bypass clogged district courts (such as the 36th district which serves Detroit). A city could establish an administrative hearings bureau, which would not be bound by the formal rules of evidence would that apply in criminal courts. The bureau could not impose jail sentences, but could impose civil fines of up to $10,000. Rulings by the bureau could be appealed to district court. Blight violations could include violations of local zoning laws, building or property maintenance codes, fire prevention codes, illegal dumping and solid waste disposal laws, noxious weeds ordinances, and local laws dealing with vehicle abandonment, inoperative vehicles, and vehicle impoundment. This is part of a legislative package comprised of House Bills 5216 to 5220, 5223, and 5224.

Received in the House

Dec. 17, 2003

Dec. 18, 2003

Passed in the House 94 to 14 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 31, 2003