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.