Bill Text: MI HB4900 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Environmental protection; air pollution; diesel emissions; authorize department of environmental quality personnel to issue state civil infraction citations. Amends secs. 8379, 8801 & 8831 of 1961 PA 236 (MCL 600.8379 et seq.). TIE BAR WITH: HB 4899'11
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-09-08 - Printed Bill Filed 09/08/2011 [HB4900 Detail]
Download: Michigan-2011-HB4900-Introduced.html
HOUSE BILL No. 4900
September 7, 2011, Introduced by Reps. Tlaib, Switalski, Irwin and Hovey-Wright and referred to the Committee on Regulatory Reform.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8379, 8801, and 8831 (MCL 600.8379, 600.8801,
and 600.8831), section 8379 as amended by 2000 PA 93, section 8801
as amended by 2005 PA 51, and section 8831 as added by 1995 PA 54.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8379. (1) Fines and costs assessed in the district court
shall be paid to the clerk of the court who shall appropriate them
as follows:
(a) A fine imposed for the violation of a penal law of this
state and a civil fine ordered in a civil infraction action for
violation of a law of this state shall be paid to the county
treasurer and applied for library purposes as provided by law.
However, a civil fine ordered in a civil infraction action for
violation of part 69 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.6901 to 324.6917, shall be
paid to the appropriate treasurer and applied as specified in that
part.
(b) In districts of the first and second class, costs imposed
for the violation of a penal law of this state or ordered in a
civil infraction action for the violation of a law of this state
shall be paid to the treasurer of the county in which the action
was commenced. In districts of the third class, costs imposed for
the violation of a penal law of this state or ordered in a civil
infraction action for the violation of a law of this state shall be
paid to the treasurer of the political subdivision where the guilty
plea or civil infraction admission was entered or where the trial
or civil infraction action hearing took place.
(c) Except as provided in subsection (2), in districts of the
first and second class, 1/3 of all fines and costs, other than
those imposed for the violation of a penal law of this state or
ordered in a civil infraction action for the violation of a law of
this state, shall be paid to the political subdivision whose law
was violated and 2/3 shall be paid to the county in which the
political subdivision is located. In districts of the third class,
all fines and costs, other than those imposed for the violation of
a penal law of this state or ordered in a civil infraction action
for the violation of a law of this state, shall be paid to the
political subdivision whose law was violated, except that where
fines and costs are assessed in a political subdivision other than
the political subdivision whose law was violated, 2/3 shall be paid
to the political subdivision where the guilty plea or civil
infraction admission was entered or where the trial or civil
infraction action hearing took place and the balance shall be paid
to the political subdivision whose law was violated.
(d) In a district of the third class, if each political
subdivision within the district, by resolution of its governing
body, agrees to a distribution of fines and costs, other than fines
imposed for the violation of a penal law of this state or ordered
in a civil infraction action for the violation of a law of this
state, differently than as provided by this section, the
distribution of those fines and costs among the political
subdivisions of that district shall be as agreed to. An existing
agreement applicable to the distribution of fines and costs shall
apply with the same effect to the distribution of civil fines and
costs ordered in civil infraction actions.
(e) A civil fine imposed upon a person for violation of a
provision of a code or an ordinance of a political subdivision of
this state regulating the operation of a commercial vehicle that
substantially corresponds to a provision of the Michigan vehicle
code, 1949 PA 300, MCL 257.1 to 257.923, shall be paid to the
county treasurer and allocated as follows:
(i) Seventy percent to the political subdivision in which the
citation is issued.
(ii) Thirty percent for library purposes as provided by law.
(f) A civil fine imposed upon a person for violation of a
provision of a code or an ordinance regulating the operation of a
commercial vehicle adopted by a city, township, or village pursuant
to section 1 of 1956 PA 62, MCL 257.951, shall be paid to the
county treasurer and allocated as follows:
(i) Seventy percent to the political subdivision in which the
citation is issued.
(ii) Thirty percent for library purposes as provided by law.
(2) In the fifty-second district, 30% of all fines and costs,
other than those imposed for the violation of a penal law of this
state or ordered in a civil infraction action for the violation of
a law of this state, shall be paid to the political subdivision
whose law was violated and 70% shall be paid to the county in which
the political subdivision is located. This subsection shall apply
only if the consolidation of the forty-fifth-b district with the
fifty-second district, as provided in section 8123, takes place
pursuant to section 8177.
(3) As used in subsection (1)(e) and (f):
(a) "Commercial vehicle" includes a motor vehicle used for the
transportation of passengers for hire or constructed or used for
transportation of goods, wares, or merchandise and a motor vehicle
designed and used for drawing other vehicles and not so constructed
as to carry any load on the vehicle independently or any part of
the weight of a vehicle or load so drawn.
(b) "Operation" means being in actual physical control of a
vehicle regardless of whether the person is licensed under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an
operator or chauffeur.
(c) "Person" means every natural person, partnership,
association, or corporation and their legal successors.
Sec. 8801. (1) This chapter applies only to a state civil
infraction action involving a violation of state law that is
designated as a state civil infraction.
(2) This chapter does not apply to a civil infraction action
involving a traffic or parking violation.
(3) As used in this chapter:
(a) "Citation" means a written complaint or notice to appear
in court upon which a law enforcement officer records the
occurrence or existence of 1 or more state civil infractions by the
person cited.
(b) "Civil infraction determination" means a determination
that a defendant is responsible for a state civil infraction by 1
of the following:
(i) An admission of responsibility for the state civil
infraction.
(ii) An admission of responsibility for the state civil
infraction, "with explanation".
(iii) A preponderance of the evidence at an informal hearing or
formal hearing on the question under section 8819 or 8821,
respectively.
(iv) A default judgment, for failing to appear as directed by a
citation or other notice, at a scheduled appearance under section
8815(3)(b) or (4), at an informal hearing under section 8819, or at
a formal hearing under section 8821.
(c) "Law enforcement officer" means any of the following:
(i) A sheriff or deputy sheriff.
(ii) An officer of the police department of a city, village, or
township, or the marshal of a city, village, or township.
(iii) An officer of the Michigan state police.
(iv) A conservation officer.
(iv) (v) A
security employee employed by the state pursuant to
section 6c of 1935 PA 59, MCL 28.6c.
(v) (vi) A
motor carrier officer appointed pursuant to section
6d of 1935 PA 59, MCL 28.6d.
(vi) (vii) A
public safety officer employed by a university as
authorized by either of the following:
(A) 1965 PA 278, MCL 390.711 to 390.717.
(B) 1990 PA 120, MCL 390.1511 to 390.1514.
(vii) (viii) If
authorized by the governing body of a political
subdivision, a constable of the political subdivision.
(viii) A conservation officer.
(ix) A park and recreation officer commissioned pursuant to
section 1606 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.1606.
(x) A state forest officer commissioned pursuant to section
83107 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.83107.
(xi) An officer, employee, or agent of the department of
environmental quality enforcing, pursuant to authority granted by
the director of that department, a statute administered, a rule
promulgated, or an order issued by that department or the director
of that department.
(xii) (xi) An
officer, employee, or agent of the department of
agriculture enforcing, pursuant to authority granted by the
director of agriculture, a statute administered, a rule
promulgated, or an order issued by the department of agriculture or
the director of agriculture.
Sec.
8831. (1) A Subject to
subsection (2), a civil fine which
is ordered under section 8827 for a violation of state statute
shall be exclusively applied to the support of public libraries and
county law libraries in the same manner as is provided by law for
penal fines assessed and collected for violation of a penal law of
the state.
(2) A civil fine ordered in a civil infraction action for
violation of part 69 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.6901 to 324.6917, shall be
paid to the appropriate treasurer and applied as specified in that
part.
(3) (2)
Subsection (1) is intended to
maintain a source of
revenue for public libraries which previously received penal fines
for misdemeanor violations of state statute which are now
designated state civil infractions.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4899(request no.
01984'11) of the 96th Legislature is enacted into law.
