Bill Text: MI HB5490 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Traffic control; violations; allocation of fines collected for violations involving commercial vehicles; modify. Amends sec. 8379 of 1961 PA 236 (MCL 600.8379). TIE BAR WITH: HB 5491'16
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2016-03-22 - Bill Electronically Reproduced 03/17/2016 [HB5490 Detail]
Download: Michigan-2015-HB5490-Introduced.html
HOUSE BILL No. 5490
March 17, 2016, Introduced by Reps. Leutheuser, Lauwers and Glenn and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 8379 (MCL 600.8379), as amended by 2000 PA 93.
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.
(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 chapter VI of the
Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, 257.601
to 257.750, related to the size, weight, or load of vehicles shall
be paid to the county treasurer and allocated as follows:
(i) Seventy percent to the political subdivision county road
commission of the county 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 county road
commission of the county 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) "County road commission" includes the county board of
commissioners of a county if the board of county road commissioners
is dissolved as provided in section 6 of chapter IV of 1909 PA 283,
MCL 224.6.
(c)
(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.
(d) (c)
"Person" means every
natural person, partnership,
association, or corporation and their legal successors.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. 5491 (request no.
04042'15 **) of the 98th Legislature is enacted into law.
