SB-1199, As Passed Senate, May 11, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1199

(As amended May 11, 2006)

     A bill to allow the requiring of a permit before demonstrating

outside of locations in which a funeral service is being held; to

allow local units of government to prohibit certain conduct at or

near the locations in which a funeral service is being held; to

prescribe the powers and duties of certain local governments and

officials; and to provide for penalties.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1. A local unit of government may pass such ordinances as

it considers necessary to protect and preserve the peace and

respect toward those attending or conducting a funeral or memorial

service.

     Sec. 2. (1) An ordinance authorized under section 1 may

include the requiring of a permit before a person can demonstrate

on public property outside of any funeral home, church, [synagogue,

mosque, any other place of worship,] cemetery,

or any other location at which a funeral service or memorial

service is being held.

     (2) The local unit of government may assess a reasonable fee

for the processing and granting of a permit allowed under this act.

     Sec. 3. The ordinance authorized under section 1 may also

include such other provisions as the local unit of government

considers necessary, including, but not limited to, prohibiting any

person from doing any of the following within 500 feet of a

building or other location where a funeral, memorial service, or

viewing of a deceased person is being conducted or within 500 feet

of a funeral procession or burial in the hour immediately before,

or during, or in the 2 hours immediately following:

     (a) Making loud and raucous noise and continuing to do so

after being asked to stop.

     (b) Making any statement or gesture that would make a

reasonable person under the circumstances feel intimidated,

threatened, or harassed.

     (c) Engaging in any other conduct that the person knows or

should reasonably know will disturb, disrupt, or adversely affect

the funeral, memorial service, viewing of the deceased person,

funeral procession, or burial.

     Sec. 4. The local unit of government shall impose reasonable

fines for violations of an ordinance adopted under this act.

     Sec. 5. As used in this act, "local unit of government" means

a city, village, township, or county.