Bill Text: MI SB1063 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; speed restrictions; enforcement of speed limit laws through the use of automated traffic enforcement devices; allow under certain circumstances. Amends secs. 320a, 727c, 741, 907 & 909 of 1949 PA 300 (MCL 257.320a et seq.); adds secs. 630, 630a, 630b, 630c, 630d, 630e, 630f, 630g & 630h & repeals secs. 630 - 630h of 1949 PA 300 (MCL 257.630 - 257.630h). TIE BAR WITH: SB 1045'14

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-09-16 - Referred To Committee On Transportation [SB1063 Detail]

Download: Michigan-2013-SB1063-Introduced.html

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SENATE BILL No. 1063

 

 

September 16, 2014, Introduced by Senators SMITH and JONES and referred to the Committee on Transportation.

 

 

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 320a, 727c, 741, 907, and 909 (MCL 257.320a,

 

257.727c, 257.741, 257.907, and 257.909), section 320a as amended

 

by 2012 PA 592, 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 630, 630a, 630b, 630c, 630d, 630e, 630f, 630g, and 630h;

 

and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 320a. (1) Within 5 days after receipt of a properly

 

 2  prepared abstract from a court of this state or another state,

 

 3  the secretary of state shall record the date of conviction, civil

 

 4  infraction determination, or probate court disposition, and the

 

 1  number of points for each, based on the following formula, except

 

 2  as otherwise provided in this section and section 629c:

 

 

3	(a) Manslaughter, negligent homicide, or a
4	felony resulting from the operation of a motor
5	vehicle, ORV, or snowmobile............................6 points
6	(b) A violation of section 601b(2) or (3),
7	601c(1) or (2), or 653a(3) or (4) or, beginning
8	October 31, 2010, a violation of section 601d..........6 points
9	(c) A violation of section 625(1), (4), (5),
10	(7), or (8), section 81134 or 82127(1) of the
11	natural resources and environmental protection act,
12	1994 PA 451, MCL 324.81134 and 324.82127, or a law or
13	ordinance substantially corresponding to section
14	625(1), (4), (5), (7), or (8), or section 81134
15	or 82127(1) of the natural resources and
16	environmental protection act, 1994 PA 451,
17	MCL 324.81134 and 324.82127............................6 points
18	(d) Failing to stop and disclose identity
19	at the scene of an accident when required by law.......6 points
20	(e) Operating a motor vehicle in violation
21	of section 626.........................................6 points
22	(f) Fleeing or eluding an officer.................6 points
23	(g) A violation of section 627(9) pertaining
24	to speed in a work zone described in that section
25	by exceeding the lawful maximum by more than
26	15 miles per hour......................................5 points
27	(h) A violation of any law other than the
28	law described in subdivision (g) or ordinance
29	pertaining to speed by exceeding the lawful
30	maximum by more than 15 miles per hour.................4 points

1	(i) A violation of section 625(3) or (6),
2	section 81135 or 82127(3) of the natural
3	resources and environmental protection act,
4	1994 PA 451, MCL 324.81135 and 324.82127,
5	or a law or ordinance substantially corresponding
6	to section 625(3) or (6) or section 81135
7	or 82127(3) of the natural resources and
8	environmental protection act, 1994 PA 451,
9	MCL 324.81135 and 324.82127............................4 points
10	(j) A violation of section 626a or a law
11	or ordinance substantially corresponding to
12	section 626a...........................................4 points
13	(k) A violation of section 653a(2)................4 points
14	(l) A violation of section 627(9) pertaining
15	to speed in a work zone described in that section
16	by exceeding the lawful maximum by more than 10
17	but not more than 15 miles per hour....................4 points
18	(m) Beginning October 31, 2010, a
19	moving violation resulting in an at-fault
20	collision with another vehicle, a person,
21	or any other object....................................4 points
22	(n) A violation of any law other than the
23	law described in subdivision (l) or ordinance
24	pertaining to speed by exceeding the lawful
25	maximum by more than 10 but not more than 15
26	miles per hour or careless driving in violation
27	of section 626b or a law or ordinance substantially
28	corresponding to section 626b..........................3 points
29	(o) A violation of section 627(9) pertaining
30	to speed in a work zone described in that section
31	by exceeding the lawful maximum by 10 miles per

1	hour or less...........................................3 points
2	(p) A violation of any law other than the law
3	described in subdivision (o) or ordinance
4	pertaining to speed by exceeding the lawful maximum
5	by 10 miles per hour or less...........................2 points
6	(q) Disobeying a traffic signal or stop sign,
7	or improper passing....................................3 points
8	(r) A violation of section 624a, 624b, or
9	a law or ordinance substantially corresponding to
10	section 624a or 624b...................................2 points
11	(s) A violation of section 310e(4) or (6) or
12	a law or ordinance substantially corresponding to
13	section 310e(4) or (6).................................2 points
14	(t) All other moving violations pertaining to
15	the operation of motor vehicles reported under
16	this section...........................................2 points
17	(u) A refusal by a person less than 21 years of
18	age to submit to a preliminary breath test required
19	by a peace officer under section 625a..................2 points

 

 

20        (2) Points shall not be entered for a violation of section

 

21  310e(14), 311, 602b(1), 602c, 625m, 630a, 658, 710d, 717, 719,

 

22  719a, or 723.

 

23        (3) Points shall not be entered for bond forfeitures.

 

24        (4) Points shall not be entered for overweight loads or for

 

25  defective equipment.

 

26        (5) If more than 1 conviction, civil infraction

 

27  determination, or probate court disposition results from the same

 

28  incident, points shall be entered only for the violation that

 

29  receives the highest number of points under this section.

 

 1        (6) If a person has accumulated 9 points as provided in this

 

 2  section, the secretary of state may call the person in for an

 

 3  interview as to the person's driving ability and record after due

 

 4  notice as to time and place of the interview. If the person fails

 

 5  to appear as provided in this subsection, the secretary of state

 

 6  shall add 3 points to the person's record.

 

 7        (7) If a person violates a speed restriction established by

 

 8  an executive order issued during a state of energy emergency as

 

 9  provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of

 

10  state shall enter points for the violation pursuant to subsection

 

11  (1).

 

12        (8) The secretary of state shall enter 6 points upon the

 

13  record of a person whose license is suspended or denied pursuant

 

14  to section 625f. However, if a conviction, civil infraction

 

15  determination, or probate court disposition results from the same

 

16  incident, additional points for that offense shall not be

 

17  entered.

 

18        (9) If a Michigan driver commits a violation in another

 

19  state that would be a civil infraction if committed in Michigan,

 

20  and a conviction results solely because of the failure of the

 

21  Michigan driver to appear in that state to contest the violation,

 

22  upon receipt of the abstract of conviction by the secretary of

 

23  state, the violation shall be noted on the driver's record, but

 

24  no points shall be assessed against his or her driver's license.

 

25        Sec. 630. As used in this section through section 630h:

 

26        (a) "Agent" means a person or entity that is authorized by a

 

27  local unit of government to administer the procedures described

 

 1  in this section through section 630h that does all of the

 

 2  following:

 

 3        (i) Provides services to a local unit of government.

 

 4        (ii) Operates, maintains, leases, or licenses an automated

 

 5  traffic enforcement safety device.

 

 6        (iii) Is authorized to review and assemble the recorded images

 

 7  captured by the automated traffic enforcement safety device for

 

 8  review by a police officer.

 

 9        (b) "Automated traffic enforcement safety device" means a

 

10  device that satisfies all of the following requirements:

 

11        (i) It is capable of producing a photographically recorded

 

12  still or video image of the rear of a motor vehicle, or the rear

 

13  of a motor vehicle being towed by another motor vehicle,

 

14  including an image of the motor vehicle's rear registration

 

15  plate.

 

16        (ii) It indicates on 1 or more of the images produced the

 

17  date, time, and location of the motor vehicle traveling at speeds

 

18  above the posted speed limit within 2,500 feet of the perimeter

 

19  of a school or institution of higher education.

 

20        (iii) It is capable of monitoring motor vehicle speed.

 

21        (iv) It indicates on 1 or more of the images produced the

 

22  date, time, and location of the violation.

 

23        (c) "Local unit of government" means any of the following:

 

24        (i) A county with a population of more than 100,000.

 

25        (ii) A city, village, or township located in a county

 

26  described in subdivision (i).

 

27        (d) "Owner" means a person in whose name a motor vehicle is

 

 1  registered in this state, another state, or another country, or

 

 2  with the federal government, except as follows:

 

 3        (i) A motor vehicle rental or leasing company when a motor

 

 4  vehicle registered by that company is being operated by another

 

 5  person under a rental or lease agreement with the company, in

 

 6  which event owner means the person to whom the vehicle is rented

 

 7  or leased.

 

 8        (ii) A motor vehicle displaying a dealer registration plate,

 

 9  in which event owner means the person to whom the motor vehicle

 

10  is assigned for use.

 

11        (iii) A motor vehicle that was reported stolen to a law

 

12  enforcement agency before the time of the violation, in which

 

13  event owner means the person who is found guilty of stealing the

 

14  motor vehicle.

 

15        Sec. 630a. (1) A local unit of government may operate an

 

16  automated traffic enforcement safety device program and may

 

17  prosecute violations detected by an automated traffic enforcement

 

18  safety device upon enacting an ordinance or adopting a resolution

 

19  authorizing the installation and operation of automated traffic

 

20  enforcement safety devices after consultation with the governing

 

21  board of schools within that local unit of government. A program

 

22  under this subsection shall expire 5 years after the date the

 

23  ordinance is enacted or a resolution is adopted authorizing the

 

24  program.

 

25        (2) A local unit of government may appoint an agent to

 

26  administer an automated traffic enforcement safety device program

 

27  and may enter into an agreement with an agent for the

 

 1  installation, operation, notice processing, and administration

 

 2  and maintenance of automated traffic enforcement safety devices.

 

 3        (3) A local unit of government may contract for the

 

 4  operation of automated traffic enforcement safety devices

 

 5  authorized under this section through an intergovernmental

 

 6  agreement with another local unit of government.

 

 7        (4) An ordinance enacted or resolution adopted under this

 

 8  section shall specify all of the following:

 

 9        (a) That the owner of a motor vehicle commits a violation of

 

10  the ordinance or resolution if the automated traffic enforcement

 

11  safety device produces a recorded image or video of a motor

 

12  vehicle being operated so as to commit a civil infraction under

 

13  sections 627 to 633 or a local ordinance substantially similar to

 

14  a civil infraction under sections 627 to 633.

 

15        (b) That the owner of a motor vehicle establishes a defense

 

16  if the person identified as having the care, custody, or control

 

17  of the motor vehicle, or identified as the operator of the motor

 

18  vehicle at the time of the violation of an ordinance enacted or

 

19  resolution adopted under this section, is not the owner.

 

20        (c) That payment of a penalty and associated costs and fees

 

21  imposed for a violation of an ordinance enacted or resolution

 

22  adopted under this section may be made by electronic means.

 

23        (d) That a police officer shall review and approve the

 

24  recorded image or images before the notice described in

 

25  subsection (6) is mailed to the owner of the motor vehicle.

 

26        (e) That for a period of at least 30 days after the first

 

27  automated traffic enforcement safety device is placed in the

 

 1  local unit of government, a violation recorded by an automated

 

 2  traffic enforcement safety device may be enforced only by the

 

 3  issuance of a warning.

 

 4        (5) In addition to the requirements of subsection (4), all

 

 5  of the following apply to an ordinance enacted or resolution

 

 6  adopted under this section:

 

 7        (a) It shall provide for the same penalty as the penalty

 

 8  prescribed in sections 627 to 633 or section 907, as applicable.

 

 9        (b) It may impose fees associated with the electronic

 

10  processing of the payment of the fine imposed for a violation of

 

11  the ordinance or resolution and related administrative fees.

 

12        (c) It shall provide that the fine imposed for a violation

 

13  of the ordinance or resolution will be applied to reimburse the

 

14  local unit of government for the costs of the installation,

 

15  operation, and maintenance of the automated traffic enforcement

 

16  safety device program, and that the remaining money shall be

 

17  distributed as follows:

 

18        (i) Seventy percent shall be deposited in the general fund of

 

19  the local unit of government, of which 20% shall be distributed

 

20  to the governing board of schools within that local unit of

 

21  government for school safety programs.

 

22        (ii) Thirty percent shall be allocated for library purposes

 

23  as provided by law.

 

24        (6) All of the following apply to automatic traffic

 

25  enforcement safety devices:

 

26        (a) The device shall only be placed within 2,500 feet of the

 

27  perimeter of an institution of higher education, or within 2,500

 

 1  feet or the grounds of the perimeter of a building or property

 

 2  used by a school or institution of higher education where

 

 3  generally accepted traffic and engineering practices indicate

 

 4  that motor vehicle, pedestrian, or bicycle traffic is

 

 5  substantially generated or influenced by the school or

 

 6  institution of higher education.

 

 7        (b) The device shall comply with generally accepted

 

 8  procedures for operating an automated traffic enforcement safety

 

 9  device. Its operator shall maintain a monthly log that states

 

10  whether the operator successfully performed the manufacturer-

 

11  specified self-test of the device. This log shall be admissible

 

12  as evidence in any court proceeding for a violation of the speed

 

13  limit laws.

 

14        (c) The device shall undergo an annual calibration check,

 

15  which shall be kept on file by the local unit of government where

 

16  the device is located. This calibration check shall be admissible

 

17  as prima facie evidence of the device's calibration in any court

 

18  proceeding for a violation of the speed limit laws.

 

19        (d) The device shall operate daily only between the hours of

 

20  6 a.m. and 8 p.m.

 

21        (7) The local unit of government or its agent shall mail to

 

22  the owner of a motor vehicle alleged to have committed a civil

 

23  infraction notice of the civil infraction by first-class mail

 

24  postmarked no later than 30 days after obtaining the name and

 

25  address of the owner of the motor vehicle but no more than 60

 

26  days after the date of the alleged violation. If there is more

 

27  than 1 owner, the notice may be issued to the first person listed

 

 1  on the title or other evidence of ownership, or jointly to all

 

 2  listed owners. The notice shall include all of the following:

 

 3        (a) The name and address of the person alleged to be liable

 

 4  as the owner of the motor vehicle involved in the civil

 

 5  infraction.

 

 6        (b) The registration plate number of the motor vehicle.

 

 7        (c) The civil infraction charged.

 

 8        (d) The location and the date and time the civil infraction

 

 9  occurred.

 

10        (e) The photographic images of the vehicle and vehicle

 

11  registration plate that were captured by the automated traffic

 

12  enforcement safety device and information on how to view, through

 

13  electronic means, the recorded images.

 

14        (f) A statement or affirmation of a local police officer who

 

15  has reviewed the recorded images described in this subsection and

 

16  determined that the motor vehicle violated the ordinance or

 

17  resolution.

 

18        (g) A statement that recorded images are prima facie

 

19  evidence of a civil infraction.

 

20        (h) The amount of the civil fine, costs, and fees imposed

 

21  for the civil infraction along with the time, place, and manner

 

22  of payment.

 

23        (8) Except as otherwise provided in this section and

 

24  sections 630b to 630h, a citation issued under this section has

 

25  the same force and effect as a citation issued under section 742,

 

26  and the procedures prescribed in this act applicable to citations

 

27  issued under section 742 also apply to citations issued under

 

 1  this section.

 

 2        (9) Notwithstanding any other state statute or local

 

 3  ordinance or resolution, a challenge to the enactment of an

 

 4  ordinance or adoption of a resolution under this section shall be

 

 5  brought no later than 30 days after the passage or adoption of

 

 6  the ordinance or resolution.

 

 7        (10) Proof of the registration number of a motor vehicle and

 

 8  corresponding identity of its owner is prima facie evidence

 

 9  establishing the ownership of the motor vehicle.

 

10        (11) It is a rebuttable presumption that the owner of the

 

11  motor vehicle was operating the motor vehicle at the time a civil

 

12  infraction occurred.

 

13        (12) The activities of an agent authorized as described in

 

14  this section do not constitute providing or participating in

 

15  private investigative services or acting as a statutory authority

 

16  under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

17  15.246.

 

18        Sec. 630b. (1) A person who receives a citation issued under

 

19  section 630a may raise any of the following defenses, in lieu of

 

20  or in addition to any other defense:

 

21        (a) The operator of the motor vehicle was complying with a

 

22  lawful order or direction of a police officer, as shown by the

 

23  recorded image.

 

24        (b) A citation was issued to the operator of the motor

 

25  vehicle for the same conduct by a police officer present at the

 

26  scene of the civil infraction recorded by the automated traffic

 

27  enforcement safety device.

 

 1        (c) The civil infraction occurred during a period of time in

 

 2  which the motor vehicle or registration plate had been reported

 

 3  as stolen to a law enforcement agency and had not been recovered

 

 4  prior to the time of the civil infraction, if the person produces

 

 5  and authenticates a copy of the report of the theft.

 

 6        (d) At the time of the alleged civil infraction, the motor

 

 7  vehicle was in the care, custody, or control of a person other

 

 8  than the owner, or an employee of the owner of the motor vehicle,

 

 9  or under a written agreement for the rental or lease of the motor

 

10  vehicle for a period of not more than 60 days.

 

11        (2) If a defense under subsection (1)(d) is invoked, the

 

12  owner shall provide to the court or agent for the local unit of

 

13  government a sworn affidavit signed under penalty of perjury

 

14  containing the name and address of the person who had care,

 

15  custody, or control of the motor vehicle, including an employee

 

16  of the owner, or who was renting or leasing the motor vehicle at

 

17  the time the alleged civil infraction occurred.

 

18        (3) If the owner of a motor vehicle meets the affidavit

 

19  requirements of subsection (2), the court or agent for the local

 

20  unit of government shall mail a notice of the citation to the

 

21  person identified in the affidavit as having the care, custody,

 

22  or control of the motor vehicle or who was renting or leasing the

 

23  motor vehicle at the time the civil infraction occurred. The

 

24  proof required under subsection (2) creates a rebuttable

 

25  presumption that the person having the care, custody, or control

 

26  of the motor vehicle or who was renting or leasing the motor

 

27  vehicle at the time the civil infraction occurred was the

 

 1  operator of the motor vehicle at the time the civil infraction

 

 2  occurred. The notice required under this subsection shall contain

 

 3  all of the following:

 

 4        (a) The information described in section 630a(7).

 

 5        (b) A statement that the person receiving the notice was

 

 6  identified by the owner of the motor vehicle as the person having

 

 7  the care, custody, or control of the motor vehicle or who was

 

 8  renting or leasing the motor vehicle at the time the civil

 

 9  infraction occurred.

 

10        (c) A statement that the person receiving the notice may

 

11  offer a defense as described in this subsection or in subsection

 

12  (1). If the person receiving the notice denies having the care,

 

13  custody, or control of the motor vehicle or renting or leasing

 

14  the motor vehicle at the time the civil infraction occurred, the

 

15  responsibility for the civil infraction reverts to the owner of

 

16  the motor vehicle.

 

17        (4) An owner may not attempt to transfer responsibility more

 

18  than 1 time using the procedures described in subsections (2) and

 

19  (3).

 

20        (5) In cases in which a person other than the owner of the

 

21  motor vehicle denies that he or she was the operator and declines

 

22  responsibility, the court or agent for the local unit of

 

23  government shall issue a new notice to the owner stating that the

 

24  other person declined responsibility and giving the owner the

 

25  option of paying the civil fine, costs, and fees or contesting

 

26  the civil infraction by a stated date that shall be not less than

 

27  20 days from the date the new notice was mailed.

 

 1        (6) If the owner of the motor vehicle chooses to contest the

 

 2  notice of civil infraction after he or she has unsuccessfully

 

 3  attempted to transfer responsibility under subsection (2) or (3),

 

 4  and the owner claims in defense that another person was the

 

 5  operator of the motor vehicle, the court may take appropriate

 

 6  action to cause the owner and the other person to appear at the

 

 7  same hearing to determine responsibility.

 

 8        Sec. 630c. A person receiving a citation issued under

 

 9  section 630a is responsible for the payment of the associated

 

10  civil fine, costs, and fees unless he or she does either of the

 

11  following:

 

12        (a) Timely returns a signed statement on a form provided

 

13  with the civil infraction notice that he or she was not the

 

14  operator of the motor vehicle and declining responsibility, in

 

15  which case responsibility for the civil infraction reverts to the

 

16  owner of the motor vehicle.

 

17        (b) Admits to being the operator of the motor vehicle but

 

18  denies committing a civil infraction, in which case he or she may

 

19  contest the civil infraction in the same manner as the owner of

 

20  the motor vehicle may contest the civil infraction.

 

21        Sec. 630d. A designated agent, police officer, or designated

 

22  employee of a local unit of government is not liable for any loss

 

23  that occurs while he or she is acting within the scope of his or

 

24  her employment or contractual engagement to implement or enforce

 

25  a violation of an ordinance enacted or resolution adopted under

 

26  section 630a.

 

27        Sec. 630e. The following procedures apply to proceedings to

 

 1  contest a citation issued under section 630a:

 

 2        (a) The citation, any evidence of the civil infraction

 

 3  produced by an automated traffic enforcement safety device, and

 

 4  evidence of ownership of a vehicle as shown by copies or

 

 5  summaries of official records are admissible into evidence as

 

 6  official records or business records without the need for

 

 7  additional foundation.

 

 8        (b) The court may assess a fine as provided in sections 627

 

 9  to 633 or section 907, as applicable, and assess costs of not

 

10  more than $100.00, which shall be disbursed as provided in

 

11  section 630a. The local unit of government in which the citation

 

12  was issued shall retain the court costs.

 

13        Sec. 630f. (1) A fee of $10.00 shall be collected by the

 

14  court in connection with a citation issued under section 630a to

 

15  be paid to the local unit of government in which the citation was

 

16  issued as compensation for record keeping and transaction

 

17  processing with respect to citations issued under section 630a.

 

18        (2) No person shall be responsible for payment of a civil

 

19  fine, costs, or fees for a citation issued under section 630a if

 

20  the operator of the motor vehicle that is the subject of the

 

21  citation is adjudicated to have not committed a civil infraction

 

22  or there is otherwise a lawful determination that no civil fine,

 

23  costs, or fees may be imposed.

 

24        (3) A person shall not be arrested or imprisoned for

 

25  nonpayment of a civil fine, costs, or fees imposed under section

 

26  630a or this section.

 

27        (4) The recorded images and videos produced by an automated

 

 1  traffic enforcement safety device shall be destroyed within 90

 

 2  days after the final disposition of the case to which they

 

 3  pertain, including any appeals, unless otherwise ordered by a

 

 4  court of competent jurisdiction.

 

 5        (5) All recorded images and videos produced by an automated

 

 6  traffic enforcement safety device that do not identify a civil

 

 7  infraction shall be destroyed by the local unit of government or

 

 8  an agent within 90 days after the date the image was recorded,

 

 9  unless otherwise ordered by a court of competent jurisdiction.

 

10        (6) The images and videos described in this section and

 

11  section 630a shall not contain images of the face of the operator

 

12  or passengers in the motor vehicle.

 

13        Sec. 630g. Not later than 1 year after the date a local unit

 

14  of government implements an automated traffic enforcement safety

 

15  device program, and each year after that, the local unit of

 

16  government shall post a report on its website that includes a

 

17  comparison and analysis of the number of citations issued under

 

18  section 630a and any other data or comparisons the local unit of

 

19  government considers to be of interest or importance.

 

20        Sec. 630h. Notwithstanding any other provision of law, a

 

21  violation issued under section 630a shall not cause the

 

22  assessment of points against the operator's or chauffeur's

 

23  license of the person found to be in violation.

 

24        Sec. 727c. (1) As used in this act, "citation" means a

 

25  either of the following:

 

26        (a) A complaint or notice upon which a police officer shall

 

27  record an occurrence involving 1 or more vehicle law violations

 

 1  by the person cited.

 

 2        (b) A complaint or notice signed by hand or by digital or

 

 3  electronic means by a police officer and issued under section

 

 4  630a.

 

 5        (2) Each citation shall be numbered consecutively, be in a

 

 6  form as determined by the secretary of state, the attorney

 

 7  general, the state court administrator, and the director of the

 

 8  department of state police and shall consist of the following

 

 9  parts:

 

10        (a) The original, which shall be a complaint or notice to

 

11  appear by the officer and shall be filed with the court in which

 

12  the appearance is to be made.

 

13        (b) The first copy, which shall be retained by the local

 

14  traffic enforcement agency.

 

15        (c) The second copy, which shall be delivered to the alleged

 

16  violator if the violation is a misdemeanor.

 

17        (d) The third copy, which shall be delivered to the alleged

 

18  violator if the violation is a civil infraction.

 

19        (3) (2) With the prior approval of the state officials

 

20  enumerated in subsection (1), (2), the citation may be

 

21  appropriately modified as to content or number of copies to

 

22  accommodate law enforcement and local court procedures and

 

23  practices. Use of this citation for other than moving violations

 

24  is optional.

 

25        (4) (3) For purposes of this act, a complaint signed by a

 

26  police officer shall be treated as made under oath if the

 

27  violation alleged in the complaint is either a civil infraction

 

 1  or a misdemeanor or ordinance violation for which the maximum

 

 2  permissible penalty does not exceed 93 days in jail or a fine, or

 

 3  both, and occurred or was committed in the signing officer's

 

 4  presence or under circumstances permitting the officer's issuance

 

 5  of a citation under section 625a or 728(8), and if the complaint

 

 6  contains the following statement immediately above the date and

 

 7  signature of the officer:

 

 8        "I declare under the penalties of perjury that the

 

 9  statements above are true to the best of my information,

 

10  knowledge, and belief."

 

11        (5) A complaint signed by hand or by digital or electronic

 

12  means by a police officer shall be treated as made under oath if

 

13  the violation alleged in the complaint is an offense described in

 

14  section 630a and if the complaint contains the following

 

15  statement immediately above the date and signature of the police

 

16  officer:

 

17        "I declare under the penalties of perjury that the

 

18  statements above are true to the best of my information,

 

19  knowledge, and belief.".

 

20        Sec. 741. (1) A civil infraction action is a civil action in

 

21  which the defendant is alleged to be responsible for a civil

 

22  infraction. A civil infraction action is commenced upon the

 

23  issuance and service of a citation as provided in section 630a or

 

24  742. The plaintiff in a civil infraction action shall be either

 

25  the state if the alleged civil infraction is a violation of this

 

26  act, or a political subdivision if the alleged civil infraction

 

27  is a violation of a local ordinance of that subdivision which

 

 1  that substantially corresponds to a provision of this act.

 

 2        (2) The following courts shall have jurisdiction over civil

 

 3  infraction actions:

 

 4        (a) The district court.

 

 5        (b) Any A municipal court.

 

 6        (3) The time specified in a citation for appearance shall be

 

 7  within a reasonable time after the citation is issued pursuant to

 

 8  under section 630a or 742.

 

 9        (4) The place specified in the citation for appearance shall

 

10  be the court listed in subsection (2) which that has territorial

 

11  jurisdiction of the place where the civil infraction occurred.

 

12  Venue in the district court shall be governed by section 8312 of

 

13  the revised judicature act of 1961, 1961 PA 236, MCL 600.8312.

 

14        (5) If the person cited is a minor, that individual shall be

 

15  permitted to appear in court or to admit responsibility for a

 

16  civil infraction without the necessity of appointment of a

 

17  guardian or next friend. The courts listed in subsection (2)

 

18  shall have jurisdiction over the minor and may proceed in the

 

19  same manner and in all respects as if that individual were an

 

20  adult.

 

21        Sec. 907. (1) A violation of this act, or a local ordinance

 

22  substantially corresponding to a provision of this act, that is

 

23  designated a civil infraction shall not be considered a lesser

 

24  included offense of a criminal offense.

 

25        (2) If a person is determined under sections 741 to 750 to

 

26  be responsible or responsible "with explanation" for a civil

 

27  infraction under this act or a local ordinance substantially

 

 1  corresponding to a provision of this act, the judge or district

 

 2  court magistrate may order the person to pay a civil fine of not

 

 3  more than $100.00 and costs as provided in subsection (4).

 

 4  However, beginning October 31, 2010, if the civil infraction was

 

 5  a moving violation that resulted in an at-fault collision with

 

 6  another vehicle, a person, or any other object, the civil fine

 

 7  ordered under this section shall be increased by $25.00 but the

 

 8  total civil fine shall not exceed $100.00. However, for a

 

 9  violation of section 602b, the person shall be ordered to pay

 

10  costs as provided in subsection (4) and a civil fine of $100.00

 

11  for a first offense and $200.00 for a second or subsequent

 

12  offense. For a violation of section 674(1)(s) or a local

 

13  ordinance substantially corresponding to section 674(1)(s), the

 

14  person shall be ordered to pay costs as provided in subsection

 

15  (4) and a civil fine of not less than $100.00 or more than

 

16  $250.00. For a violation of section 328, the civil fine ordered

 

17  under this subsection shall be not more than $50.00. For a

 

18  violation of section 710d, the civil fine ordered under this

 

19  subsection shall not exceed $10.00, subject to subsection (12).

 

20  For a violation of section 710e, the civil fine and court costs

 

21  ordered under this subsection shall be $25.00. For a violation of

 

22  section 682 or a local ordinance substantially corresponding to

 

23  section 682, the person shall be ordered to pay costs as provided

 

24  in subsection (4) and a civil fine of not less than $100.00 or

 

25  more than $500.00. For a violation under section 630a, the civil

 

26  fine ordered under this subsection shall be the amount prescribed

 

27  under this section or, if applicable, sections 627 to 633, and

 

 1  the person shall be ordered to pay costs as provided in

 

 2  subsection (4). For a violation of section 240, the civil fine

 

 3  ordered under this subsection shall be $15.00. For a violation of

 

 4  section 252a(1), the civil fine ordered under this subsection

 

 5  shall be $50.00. For a violation of section 676a(3), the civil

 

 6  fine ordered under this section shall be not more than $10.00.

 

 7  For a first violation of section 319f(1), the civil fine ordered

 

 8  under this section shall be not less than $2,500.00 or more than

 

 9  $2,750.00; for a second or subsequent violation, the civil fine

 

10  shall be not less than $5,000.00 or more than $5,500.00. For a

 

11  violation of section 319g(1)(a), the civil fine ordered under

 

12  this section shall be not more than $10,000.00. For a violation

 

13  of section 319g(1)(g), the civil fine ordered under this section

 

14  shall be not less than $2,750.00 or more than $25,000.00.

 

15  Permission may be granted for payment of a civil fine and costs

 

16  to be made within a specified period of time or in specified

 

17  installments, but unless permission is included in the order or

 

18  judgment, the civil fine and costs shall be payable immediately.

 

19        (3) Except as provided in this subsection, if a person is

 

20  determined to be responsible or responsible "with explanation"

 

21  for a civil infraction under this act or a local ordinance

 

22  substantially corresponding to a provision of this act while

 

23  driving a commercial motor vehicle, he or she shall be ordered to

 

24  pay costs as provided in subsection (4) and a civil fine of not

 

25  more than $250.00.

 

26        (4) If a civil fine is ordered under subsection (2) or (3),

 

27  the judge or district court magistrate shall summarily tax and

 

 1  determine the costs of the action, which are not limited to the

 

 2  costs taxable in ordinary civil actions, and may include all

 

 3  expenses, direct and indirect, to which the plaintiff has been

 

 4  put in connection with the civil infraction, up to the entry of

 

 5  judgment. Costs shall not be ordered in excess of $100.00. A

 

 6  civil fine ordered under subsection (2) or (3) shall not be

 

 7  waived unless costs ordered under this subsection are waived.

 

 8  Except as otherwise provided by law, costs are payable to the

 

 9  general fund of the plaintiff.

 

10        (5) In addition to a civil fine and costs ordered under

 

11  subsection (2) or (3) and subsection (4) and the justice system

 

12  assessment ordered under subsection (13), the judge or district

 

13  court magistrate may order the person to attend and complete a

 

14  program of treatment, education, or rehabilitation.

 

15        (6) A district court magistrate shall impose the sanctions

 

16  permitted under subsections (2), (3), and (5) only to the extent

 

17  expressly authorized by the chief judge or only judge of the

 

18  district court district.

 

19        (7) Each district of the district court and each municipal

 

20  court may establish a schedule of civil fines, costs, and

 

21  assessments to be imposed for civil infractions that occur within

 

22  the respective district or city. If a schedule is established, it

 

23  shall be prominently posted and readily available for public

 

24  inspection. A schedule need not include all violations that are

 

25  designated by law or ordinance as civil infractions. A schedule

 

26  may exclude cases on the basis of a defendant's prior record of

 

27  civil infractions or traffic offenses, or a combination of civil

 

 1  infractions and traffic offenses.

 

 2        (8) The state court administrator shall annually publish and

 

 3  distribute to each district and court a recommended range of

 

 4  civil fines and costs for first-time civil infractions. This

 

 5  recommendation is not binding upon the courts having jurisdiction

 

 6  over civil infractions but is intended to act as a normative

 

 7  guide for judges and district court magistrates and a basis for

 

 8  public evaluation of disparities in the imposition of civil fines

 

 9  and costs throughout the state.

 

10        (9) If a person has received a civil infraction citation for

 

11  defective safety equipment on a vehicle under section 683, the

 

12  court shall waive a civil fine, costs, and assessments upon

 

13  receipt of certification by a law enforcement agency that repair

 

14  of the defective equipment was made before the appearance date on

 

15  the citation.

 

16        (10) A default in the payment of a civil fine or costs

 

17  ordered under subsection (2), (3), or (4) or a justice system

 

18  assessment ordered under subsection (13), or an installment of

 

19  the fine, costs, or assessment, may be collected by a means

 

20  authorized for the enforcement of a judgment under chapter 40 of

 

21  the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to

 

22  600.4065, or under chapter 60 of the revised judicature act of

 

23  1961, 1961 PA 236, MCL 600.6001 to 600.6098.

 

24        (11) If a person fails to comply with an order or judgment

 

25  issued under this section within the time prescribed by the

 

26  court, the driver's license of that person shall be suspended

 

27  under section 321a until full compliance with that order or

 

 1  judgment occurs. In addition to this suspension, the court may

 

 2  also proceed under section 908.

 

 3        (12) The court may waive any civil fine, cost, or assessment

 

 4  against a person who received a civil infraction citation for a

 

 5  violation of section 710d if the person, before the appearance

 

 6  date on the citation, supplies the court with evidence of

 

 7  acquisition, purchase, or rental of a child seating system

 

 8  meeting the requirements of section 710d.

 

 9        (13) In addition to any civil fines or costs ordered to be

 

10  paid under this section, the judge or district court magistrate

 

11  shall order the defendant to pay a justice system assessment of

 

12  $40.00 for each civil infraction determination, except for a

 

13  parking violation or a violation for which the total fine and

 

14  costs imposed are $10.00 or less. Upon payment of the assessment,

 

15  the clerk of the court shall transmit the assessment collected to

 

16  the state treasury to be deposited into the justice system fund

 

17  created in section 181 of the revised judicature act of 1961,

 

18  1961 PA 236, MCL 600.181. An assessment levied under this

 

19  subsection is not a civil fine for purposes of section 909.

 

20        (14) If a person has received a citation for a violation of

 

21  section 223, the court shall waive any civil fine, costs, and

 

22  assessment, upon receipt of certification by a law enforcement

 

23  agency that the person, before the appearance date on the

 

24  citation, produced a valid registration certificate that was

 

25  valid on the date the violation of section 223 occurred.

 

26        (15) If a person has received a citation for a violation of

 

27  section 328(1) for failing to produce a certificate of insurance

 

 1  under section 328(2), the court may waive the fee described in

 

 2  section 328(3)(c) and shall waive any fine, costs, and any other

 

 3  fee or assessment otherwise authorized under this act upon

 

 4  receipt of verification by the court that the person, before the

 

 5  appearance date on the citation, produced valid proof of

 

 6  insurance that was in effect at the time the violation of section

 

 7  328(1) occurred. Insurance obtained subsequent to the time of the

 

 8  violation does not make the person eligible for a waiver under

 

 9  this subsection.

 

10        (16) As used in this section, "moving violation" means an

 

11  act or omission prohibited under this act or a local ordinance

 

12  substantially corresponding to this act that involves the

 

13  operation of a motor vehicle and for which a fine may be

 

14  assessed.

 

15        Sec. 909. (1) Except as provided in subsection (2) and

 

16  section 630a, a civil fine which that is ordered under section

 

17  907 for a violation of this act or other state statute shall be

 

18  exclusively applied to the support of public libraries and county

 

19  law libraries in the same manner as is provided by law for penal

 

20  fines assessed and collected for violation of a penal law of the

 

21  this state. A civil fine ordered for a violation of a code or

 

22  ordinance of a local authority regulating the operation of

 

23  commercial motor vehicles and substantially corresponding to a

 

24  provision of this act shall be paid to the county treasurer and

 

25  shall be allocated as follows:

 

26        (a) Seventy percent to the local authority in which the

 

27  citation is issued.

 

 1        (b) Thirty percent for library purposes as provided by law.

 

 2        (2) Subsection (1) is intended to maintain a source of

 

 3  revenue for public libraries which that previously received penal

 

 4  fines for misdemeanor violations of this act which that are now

 

 5  civil infractions.

 

 6        Enacting section 1. Sections 630 to 630h of the Michigan

 

 7  vehicle code, 1949 PA 300, MCL 257.630 to 257.630h, are repealed

 

 8  7 years after the date they are enacted into law.

 

 9        Enacting section 2. This amendatory act takes effect on the

 

10  first day of the first month after it is enacted into law.

 

11        Enacting section 3. This amendatory act does not take effect

 

12  unless Senate Bill No.____ or House Bill No.____ (request no.

 

13  04725'14) of the 97th Legislature is enacted into law.