Act No. 152

Public Acts of 2006

Approved by the Governor

May 23, 2006

Filed with the Secretary of State

May 24, 2006

EFFECTIVE DATE: May 24, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Senators Gilbert, Cropsey, Van Woerkom, Toy, Garcia, Patterson, Birkholz, Basham, Olshove, Bishop and Allen

ENROLLED SENATE BILL No. 1199

AN ACT 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.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor