Bill Text: MI SB1045 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Transportation; school vehicles; automated traffic enforcement safety devices on school buses; allow. Amends secs. 727c, 741, 907 & 909 of 1949 PA 300 (MCL 257.727c et seq.) & adds secs. 682d, 682e, 682f, 682g, 682h, 682i, 682j & 682k.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-09-10 - Referred To Committee On Transportation [SB1045 Detail]
Download: Michigan-2013-SB1045-Introduced.html
SENATE BILL No. 1045
September 10, 2014, Introduced by Senators JONES and BIEDA and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 727c, 741, 907, and 909 (MCL 257.727c,
257.741, 257.907, and 257.909), section 727c as amended by 1999 PA
73, section 741 as amended by 2006 PA 298, section 907 as amended
by 2013 PA 35, and section 909 as amended by 2000 PA 94, and by
adding sections 682d, 682e, 682f, 682g, 682h, 682i, 682j, and 682k.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 682d. As used in this section through section 682k:
(a) "Agent" means a person or entity that is authorized by a
local unit of government to administer the procedures described in
this section through section 682k that does all of the following:
(i) Provides services to a local unit of government.
(ii) Operates, maintains, leases, or licenses an automated
traffic enforcement safety device.
(iii) Is authorized to review and assemble the recorded images
captured by the automated traffic enforcement safety device for
review by a police officer.
(b) "Automated traffic enforcement safety device" means a
device that satisfies all of the following requirements:
(i) It is affixed to a school bus.
(ii) It is capable of detecting a motor vehicle overtaking or
passing a school bus in violation of section 682.
(iii) It is capable of producing a photographically recorded
still or video image of the rear of a motor vehicle, or the rear of
a motor vehicle being towed by another motor vehicle, including an
image of the motor vehicle's rear registration plate.
(iv) It indicates on 1 or more of the images produced the date,
time, and location of the violation.
(c) "Local unit of government" means a county, city, village,
or township.
(d) "Owner" means a person in whose name a motor vehicle is
registered in this state, another state, or another country, or
with the federal government, except as follows:
(i) A motor vehicle rental or leasing company when a motor
vehicle registered by that company is being operated by another
person under a rental or lease agreement with the company, in which
event owner means the person to whom the vehicle is rented or
leased.
(ii) A motor vehicle displaying a dealer registration plate, in
which event owner means the person to whom the motor vehicle is
assigned for use.
(iii) A motor vehicle that was reported stolen to a law
enforcement agency before the time of the violation, in which event
owner means the person who is found guilty of stealing the motor
vehicle.
Sec. 682e. (1) A local unit of government may operate an
automated traffic enforcement safety device program and may
prosecute violations detected by an automated traffic enforcement
safety device upon enacting an ordinance or adopting a resolution
authorizing the installation and operation of automated traffic
enforcement safety devices after consultation with the governing
board of schools within that local unit of government.
(2) A local unit of government may appoint an agent to
administer an automated traffic enforcement safety device program
and may enter into an agreement with an agent for the installation,
operation, notice processing, and administration and maintenance of
automated traffic enforcement safety devices.
(3) A local unit of government may contract for the operation
of automated traffic enforcement safety devices authorized under
this section through an intergovernmental agreement with another
local unit of government.
(4) An ordinance enacted or resolution adopted under this
section shall specify all of the following:
(a) That the owner of a motor vehicle commits a violation of
the ordinance or resolution if the automated traffic enforcement
safety device produces a recorded image or video of a motor vehicle
being operated so as to commit a civil infraction under section 682
or a local ordinance substantially similar to a civil infraction
under section 682.
(b) That the owner of a motor vehicle establishes a defense if
the person identified as having the care, custody, or control of
the motor vehicle, or identified as the operator of the motor
vehicle at the time of the violation of an ordinance enacted or
resolution adopted under this section, is not the owner.
(c) That payment of a penalty and associated costs and fees
imposed for a violation of an ordinance enacted or resolution
adopted under this section may be made by electronic means.
(d) That a police officer shall review and approve the
recorded image or images before the notice described in subsection
(6) is mailed to the owner of the motor vehicle.
(e) That for a period of at least 30 days after the first
automated traffic enforcement safety device is placed in the local
unit of government, a violation recorded by an automated traffic
enforcement safety device may be enforced only by the issuance of a
warning.
(5) In addition to the requirements of subsection (4), all of
the following apply to an ordinance enacted or resolution adopted
under this section:
(a) It shall provide for the same penalty as the penalty
prescribed in section 601b(3).
(b) It may impose fees associated with the electronic
processing of the payment of the fine imposed for a violation of
the ordinance or resolution and related administrative fees.
(c) It shall provide that the fine imposed for a violation of
the ordinance or resolution will be applied to reimburse the local
unit of government for the costs of the installation, operation,
and maintenance of the automated traffic enforcement safety device
program, and that the remaining money shall be distributed as
follows:
(i) Seventy percent shall be deposited in the general fund of
the local unit of government, of which 20% shall be distributed to
the governing board of schools within that local unit of government
for school safety programs.
(ii) Thirty percent shall be allocated for library purposes as
provided by law.
(6) The local unit of government or its agent shall mail to
the owner of a motor vehicle alleged to have committed a civil
infraction notice of the civil infraction by first-class mail
postmarked no later than 30 days after obtaining the name and
address of the owner of the motor vehicle but no more than 60 days
after the date of the alleged violation. If there is more than 1
owner, the notice may be issued to the first person listed on the
title or other evidence of ownership, or jointly to all listed
owners. The notice shall include all of the following:
(a) The name and address of the person alleged to be liable as
the owner of the motor vehicle involved in the civil infraction.
(b) The registration plate number of the motor vehicle.
(c) The civil infraction charged.
(d) The location and the date and time the civil infraction
occurred.
(e) The photographic images of the vehicle and vehicle
registration plate that were captured by the automated traffic
enforcement safety device and information on how to view, through
electronic means, the recorded images.
(f) A statement or affirmation of a local police officer who
has reviewed the recorded images described in this subsection and
determined that the motor vehicle violated the ordinance or
resolution.
(g) A statement that recorded images are prima facie evidence
of a civil infraction.
(h) The amount of the civil fine, costs, and fees imposed for
the civil infraction along with the time, place, and manner of
payment.
(7) Except as otherwise provided in this section and sections
682f to 682k, a citation issued under this section has the same
force and effect as a citation issued under section 742, and the
procedures prescribed in this act applicable to citations issued
under section 742 also apply to citations issued under this
section.
(8) Notwithstanding any other state statute or local ordinance
or resolution, a challenge to the enactment of an ordinance or
adoption of a resolution under this section shall be brought no
later than 30 days after the passage or adoption of the ordinance
or resolution.
(9) Proof of the registration number of a motor vehicle and
corresponding identity of its owner is prima facie evidence
establishing the ownership of the motor vehicle.
(10) It is a rebuttable presumption that the owner of the
motor vehicle was operating the motor vehicle at the time a civil
infraction occurred.
(11) The activities of an agent authorized as described in
this section do not constitute providing or participating in
private investigative services or acting as a statutory authority
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
Sec. 682f. (1) A person who receives a citation issued under
section 682e may raise any of the following defenses, in lieu of or
in addition to any other defense:
(a) The operator of the motor vehicle was complying with a
lawful order or direction of a police officer, as shown by the
recorded image.
(b) A citation was issued to the operator of the motor vehicle
for the same conduct by a police officer present at the scene of
the civil infraction recorded by the automated traffic enforcement
safety device.
(c) The civil infraction occurred during a period of time in
which the motor vehicle or registration plate had been reported as
stolen to a law enforcement agency and had not been recovered prior
to the time of the civil infraction, if the person produces and
authenticates a copy of the report of the theft.
(d) At the time of the alleged civil infraction, the motor
vehicle was in the care, custody, or control of a person other than
the owner, or an employee of the owner of the motor vehicle, or
under a written agreement for the rental or lease of the motor
vehicle for a period of not more than 60 days.
(2) If a defense under subsection (1)(d) is invoked, the owner
shall provide to the court or agent for the local unit of
government a sworn affidavit signed under penalty of perjury
containing the name and address of the person who had care,
custody, or control of the motor vehicle, including an employee of
the owner, or who was renting or leasing the motor vehicle at the
time the alleged civil infraction occurred.
(3) If the owner of a motor vehicle meets the affidavit
requirements of subsection (2), the court or agent for the local
unit of government shall mail a notice of the citation to the
person identified in the affidavit as having the care, custody, or
control of the motor vehicle or who was renting or leasing the
motor vehicle at the time the civil infraction occurred. The proof
required under subsection (2) creates a rebuttable presumption that
the person having the care, custody, or control of the motor
vehicle or who was renting or leasing the motor vehicle at the time
the civil infraction occurred was the operator of the motor vehicle
at the time the civil infraction occurred. The notice required
under this subsection shall contain all of the following:
(a) The information described in section 682e(6).
(b) A statement that the person receiving the notice was
identified by the owner of the motor vehicle as the person having
the care, custody, or control of the motor vehicle or who was
renting or leasing the motor vehicle at the time the civil
infraction occurred.
(c) A statement that the person receiving the notice may offer
a defense as described in this subsection or in subsection (1). If
the person receiving the notice denies having the care, custody, or
control of the motor vehicle or renting or leasing the motor
vehicle at the time the civil infraction occurred, the
responsibility for the civil infraction reverts to the owner of the
motor vehicle.
(4) An owner may not attempt to transfer responsibility more
than 1 time using the procedures described in subsections (2) and
(3).
(5) In cases in which a person other than the owner of the
motor vehicle denies that he or she was the operator and declines
responsibility, the court or agent for the local unit of government
shall issue a new notice to the owner stating that the other person
declined responsibility and giving the owner the option of paying
the civil fine, costs, and fees or contesting the civil infraction
by a stated date that shall be not less than 20 days from the date
the new notice was mailed.
(6) If the owner of the motor vehicle chooses to contest the
notice of civil infraction after he or she has unsuccessfully
attempted to transfer responsibility under subsection (2) or (3),
and the owner claims in defense that another person was the
operator of the motor vehicle, the court may take appropriate
action to cause the owner and the other person to appear at the
same hearing to determine responsibility.
Sec. 682g. A person receiving a citation issued under section
682e is responsible for the payment of the associated civil fine,
costs, and fees unless he or she does either of the following:
(a) Timely returns a signed statement on a form provided with
the civil infraction notice that he or she was not the operator of
the motor vehicle and declining responsibility, in which case
responsibility for the civil infraction reverts to the owner of the
motor vehicle.
(b) Admits to being the operator of the motor vehicle but
denies committing a civil infraction, in which case he or she may
contest the civil infraction in the same manner as the owner of the
motor vehicle may contest the civil infraction.
Sec. 682h. A designated agent, police officer, or designated
employee of a local unit of government is not liable for any loss
that occurs while he or she is acting within the scope of his or
her employment or contractual engagement to implement or enforce a
violation of an ordinance enacted or resolution adopted under
section 682e.
Sec. 682i. The following procedures apply to proceedings to
contest a citation issued under section 682e:
(a) The citation, any evidence of the civil infraction
produced by an automated traffic enforcement safety device, and
evidence of ownership of a vehicle as shown by copies or summaries
of official records are admissible into evidence as official
records or business records without the need for additional
foundation.
(b) The court may assess a fine as provided in section 601b(3)
and assess costs of not more than $100.00, which shall be disbursed
as provided in section 682e. The local unit of government in which
the citation was issued shall retain the court costs.
Sec. 682j. (1) A fee of $10.00 shall be collected by the court
in connection with a citation issued under section 682e to be paid
to the local unit of government in which the citation was issued as
compensation for record keeping and transaction processing with
respect to citations issued under section 682e.
(2) No person shall be responsible for payment of a civil
fine, costs, or fees for a citation issued under section 682e if
the operator of the motor vehicle that is the subject of the
citation is adjudicated to have not committed a civil infraction or
there is otherwise a lawful determination that no civil fine,
costs, or fees may be imposed.
(3) A person shall not be arrested or imprisoned for
nonpayment of a civil fine, costs, or fees imposed under section
682e or this section.
(4) The recorded images and videos produced by an automated
traffic enforcement safety device shall be destroyed within 90 days
after the final disposition of the case to which they pertain,
including any appeals, unless otherwise ordered by a court of
competent jurisdiction.
(5) All recorded images and videos produced by an automated
traffic enforcement safety device that do not identify a civil
infraction shall be destroyed by the local unit of government or an
agent within 90 days after the date the image was recorded, unless
otherwise ordered by a court of competent jurisdiction.
(6) The images and videos described in this section and
section 682e shall not contain images of the face of the operator
or passengers in the motor vehicle.
Sec. 682k. Not later than 1 year after the date a local unit
of government implements an automated traffic enforcement safety
device program, and each year after that, the local unit of
government shall post a report on its website that includes a
comparison and analysis of the number of citations issued under
section 682e and any other data or comparisons the local unit of
government considers to be of interest or importance.
Sec.
727c. (1) As used in this act, "citation" means a either
of the following:
(a) A complaint or notice upon which a police officer shall
record an occurrence involving 1 or more vehicle law violations by
the person cited.
(b) A complaint or notice signed by hand or by digital or
electronic means by a police officer and issued under section 682e.
(2) Each citation shall be numbered consecutively, be in a
form as determined by the secretary of state, the attorney general,
the state court administrator, and the director of the department
of state police and shall consist of the following parts:
(a) The original which shall be a complaint or notice to
appear by the officer and shall be filed with the court in which
the appearance is to be made.
(b) The first copy which, shall be retained by the local
traffic enforcement agency.
(c) The second copy, which shall be delivered to the alleged
violator if the violation is a misdemeanor.
(d) The third copy, which shall be delivered to the alleged
violator if the violation is a civil infraction.
(3) (2)
With the prior approval of the
state officials
enumerated
in subsection (1), (2), the citation may be
appropriately modified as to content or number of copies to
accommodate law enforcement and local court procedures and
practices. Use of this citation for other than moving violations is
optional.
(4) (3)
For purposes of this act, a
complaint signed by a
police officer shall be treated as made under oath if the violation
alleged in the complaint is either a civil infraction or a
misdemeanor or ordinance violation for which the maximum
permissible penalty does not exceed 93 days in jail or a fine, or
both, and occurred or was committed in the signing officer's
presence or under circumstances permitting the officer's issuance
of a citation under section 625a or 728(8), and if the complaint
contains the following statement immediately above the date and
signature of the officer:
"I declare under the penalties of perjury that the statements
above are true to the best of my information, knowledge, and
belief."
(5) A complaint signed by hand or by digital or electronic
means by a police officer shall be treated as made under oath if
the violation alleged in the complaint is an offense described in
section 682e and if the complaint contains the following statement
immediately above the date and signature of the police officer:
"I declare under the penalties of perjury that the statements
above are true to the best of my information, knowledge, and
belief.".
Sec. 741. (1) A civil infraction action is a civil action in
which the defendant is alleged to be responsible for a civil
infraction. A civil infraction action is commenced upon the
issuance and service of a citation as provided in section 682e or
742. The plaintiff in a civil infraction action shall be either the
state if the alleged civil infraction is a violation of this act,
or a political subdivision if the alleged civil infraction is a
violation
of a local ordinance of that subdivision which that
substantially corresponds to a provision of this act.
(2) The following courts shall have jurisdiction over civil
infraction actions:
(a) The district court.
(b)
Any A municipal court.
(3) The time specified in a citation for appearance shall be
within
a reasonable time after the citation is issued pursuant to
under section 682e or 742.
(4) The place specified in the citation for appearance shall
be
the court listed in subsection (2) which that has territorial
jurisdiction of the place where the civil infraction occurred.
Venue in the district court shall be governed by section 8312 of
the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.
(5) If the person cited is a minor, that individual shall be
permitted to appear in court or to admit responsibility for a civil
infraction without the necessity of appointment of a guardian or
next friend. The courts listed in subsection (2) shall have
jurisdiction over the minor and may proceed in the same manner and
in all respects as if that individual were an adult.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined under sections 741 to 750 to be
responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
beginning October 31, 2010, if the civil infraction was a moving
violation that resulted in an at-fault collision with another
vehicle, a person, or any other object, the civil fine ordered
under this section shall be increased by $25.00 but the total civil
fine shall not exceed $100.00. However, for a violation of section
602b, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $100.00 for a first offense and
$200.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to section 674(1)(s), the person shall be ordered to pay costs as
provided in subsection (4) and a civil fine of not less than
$100.00 or more than $250.00. For a violation of section 328, the
civil fine ordered under this subsection shall be not more than
$50.00. For a violation of section 710d, the civil fine ordered
under this subsection shall not exceed $10.00. For a violation of
section 710e, the civil fine and court costs ordered under this
subsection shall be $25.00. For a violation of section 682 or a
local ordinance substantially corresponding to section 682, the
person shall be ordered to pay costs as provided in subsection (4)
and a civil fine of not less than $100.00 or more than $500.00. For
a violation of section 682e, the civil fine ordered under this
subsection shall be the amount prescribed under section 601b(3) and
the person shall be ordered to pay costs as provided in subsection
(4). For a violation of section 240, the civil fine ordered under
this subsection shall be $15.00. For a violation of section
252a(1), the civil fine ordered under this subsection shall be
$50.00. For a violation of section 676a(3), the civil fine ordered
under this section shall be not more than $10.00. For a first
violation of section 319f(1), the civil fine ordered under this
section shall be not less than $2,500.00 or more than $2,750.00;
for a second or subsequent violation, the civil fine shall be not
less than $5,000.00 or more than $5,500.00. For a violation of
section 319g(1)(a), the civil fine ordered under this section shall
be not more than $10,000.00. For a violation of section 319g(1)(g),
the civil fine ordered under this section shall be not less than
$2,750.00 or more than $25,000.00. Permission may be granted for
payment of a civil fine and costs to be made within a specified
period of time or in specified installments, but unless permission
is included in the order or judgment, the civil fine and costs
shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (13), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (13), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued under this section within the time prescribed by the court,
the driver's license of that person shall be suspended under
section 321a until full compliance with that order or judgment
occurs. In addition to this suspension, the court may also proceed
under section 908.
(12) The court may waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) In addition to any civil fines or costs ordered to be
paid under this section, the judge or district court magistrate
shall order the defendant to pay a justice system assessment of
$40.00 for each civil infraction determination, except for a
parking violation or a violation for which the total fine and costs
imposed are $10.00 or less. Upon payment of the assessment, the
clerk of the court shall transmit the assessment collected to the
state treasury to be deposited into the justice system fund created
in section 181 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.181. An assessment levied under this subsection is not a
civil fine for purposes of section 909.
(14) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(15) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
under section 328(2), the court may waive the fee described in
section 328(3)(c) and shall waive any fine, costs, and any other
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(16) As used in this section, "moving violation" means an act
or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.
Sec. 909. (1) Except as provided in subsection (2) and section
682e, a civil fine which that is
ordered under section 907 for a
violation of this act or other 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 this state.
A
civil fine ordered for a violation of a code or ordinance of a
local authority regulating the operation of commercial motor
vehicles and substantially corresponding to a provision of this act
shall be paid to the county treasurer and shall be allocated as
follows:
(a) Seventy percent to the local authority in which the
citation is issued.
(b) Thirty percent for library purposes as provided by law.
(2) Subsection (1) is intended to maintain a source of revenue
for
public libraries which that
previously received penal fines for
misdemeanor
violations of this act which that
are now civil
infractions.
Enacting section 1. This amendatory act takes effect on the
first day of the first month after it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No.____ (request no.
01906'13) of the 97th Legislature is enacted into law.
