Bill Text: MI SB1100 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Traffic control: civil infraction procedures; revised judicature act; revise to reflect distribution of certain fines to school districts. Amends secs. 8379 & 8396 of 1961 PA 236 (MCL 600.8379 & 600.8396). TIE BAR WITH: SB 1098'20, SB 1099'20
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-09-10 - Referred To Committee On Transportation And Infrastructure [SB1100 Detail]
Download: Michigan-2019-SB1100-Introduced.html
SENATE BILL NO. 1100
September 10, 2020, Introduced by Senators
WOJNO and SCHMIDT and referred to the Committee on Transportation and
Infrastructure.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 8379 and 8396 (MCL 600.8379 and 600.8396), section 8379 as amended by 2000 PA 93 and section 8396 as added by 1994 PA 12.
the people of the state of michigan enact:
Sec. 8379. (1) Fines and costs assessed in the
district court shall must be paid to the clerk of the court
who shall appropriate them as follows:
(a) A Except as provided in subsection (3), a fine
imposed for the violation of a penal law of this state and a civil fine ordered
in a civil infraction action for violation of a law of this state shall must be paid to the county treasurer and
applied for library purposes as provided by law.
(b) In districts of the
first and second class, costs imposed for the violation of a penal law of this
state or ordered in a civil infraction action for the violation of a law of
this state shall must be paid to the treasurer of the
county in which the action was commenced. In districts of the third class,
costs imposed for the violation of a penal law of this state or ordered in a
civil infraction action for the violation of a law of this state shall must be paid to the treasurer of the
political subdivision where the guilty plea or civil infraction admission was
entered or where the trial or civil infraction action hearing took place.
(c) Except as provided for fines and costs in subsection (2) and for fines under subsection (3), in
districts of the first and second class, 1/3 of all fines and costs, other than
those imposed for the violation of a penal law of this state or ordered in a
civil infraction action for the violation of a law of this state, shall must be paid to the political subdivision
whose law was violated and 2/3 shall must be paid to the county in which the
political subdivision is located. In Except as
provided for fines under subsection (3), in districts of the
third class, all fines and costs, other than those imposed for the violation of
a penal law of this state or ordered in a civil infraction action for the
violation of a law of this state, shall must be
paid to the political subdivision whose law was violated, except that where
fines and costs are assessed in a political subdivision other than the
political subdivision whose law was violated, 2/3 shall must be
paid to the political subdivision where the guilty plea or civil infraction
admission was entered or where the trial or civil infraction action hearing
took place and the balance shall must be paid to the political subdivision
whose law was violated.
(d) In a district of the
third class, if each political subdivision within the district, by resolution
of its governing body, agrees to a distribution of fines and costs, other than
fines imposed for the violation of a penal law of this state or ordered in a
civil infraction action for the violation of a law of this state or for a violation as provided in subsection (3),
differently than as provided by this section, the distribution of those fines
and costs among the political subdivisions of that district shall must be as agreed to. An existing
agreement applicable to the distribution of fines and costs shall must apply with the same effect to the
distribution of civil fines and costs ordered in civil infraction actions.
(e) A Except as provided in subsection (3), a civil
fine imposed upon on a person for violation of a provision
of a code or an ordinance of a political subdivision of this state regulating
the operation of a commercial vehicle that substantially corresponds to a
provision of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, shall must be paid to the county treasurer and
allocated as follows:
(i) Seventy percent to the political subdivision in which the
citation is issued.
(ii) Thirty percent
for library purposes as provided by law.
(f) A Except as provided in subsection (3),
a civil fine imposed upon on a person for violation of a provision of a
code or an ordinance regulating the operation of a commercial vehicle adopted
by a city, township, or village pursuant to under section 1 of 1956 PA 62, MCL 257.951, shall must be paid to the
county treasurer and allocated as follows:
(i) Seventy percent
to the political subdivision in which the citation is issued.
(ii) Thirty percent
for library purposes as provided by law.
(2) In Except as provided in subsection (3),
in the fifty-second district, 30% of all fines and costs, other
than those imposed for the violation of a penal law of this state or ordered in
a civil infraction action for the violation of a law of this state, shall must be paid to the
political subdivision whose law was violated and 70% shall must be paid to the county in which the
political subdivision is located. This subsection shall
apply only if the consolidation of the forty-fifth-b district with the
fifty-second district, as provided in section 8123, takes place pursuant to
section 8177.
(3) A civil fine ordered in a civil infraction action for a
violation of section 682 of the Michigan vehicle code, 1949 PA 300, MCL
257.682, or an ordinance of a political subdivision substantially corresponding
to section 682 of the Michigan vehicle code, 1949 PA 300, MCL 257.682, must be
distributed as provided in section 909 of the Michigan vehicle code, 1949 PA
300, MCL 257.909.
(4) (3) As used in subsection (1)(e) and (f):
(a) "Commercial vehicle" includes a motor vehicle
used for the transportation of passengers for hire or constructed or used for
transportation of goods, wares, or merchandise and a motor vehicle designed and
used for drawing other vehicles and not so constructed as to carry any load on
the vehicle independently or any part of the weight of a vehicle or load so
drawn.
(b) "Operation" means being in actual physical
control of a vehicle regardless of whether the person is licensed under the
Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an operator or
chauffeur.
(c) "Person" means every natural person,
partnership, association, or corporation and their legal successors.
Sec. 8396. A
county, city, village, or township may by ordinance establish a municipal
ordinance violations bureau to accept admissions of responsibility for
municipal civil infractions and to collect and retain civil fines and costs
pursuant to a schedule as prescribed by ordinance. The expense of operating a
municipal ordinance violations bureau shall must be borne by the county, city, village,
or township, and the personnel of the bureau shall must be county, city, village, or township
employees. If the county, city,
village, or township has an ordinance that substantially corresponds to section
682 of the Michigan vehicle code, 1949 PA 300, MCL 257.682, a civil fine
ordered for a violation of that ordinance must be distributed as provided in
section 909 of the Michigan vehicle code, 1949 PA 300, MCL 257.909.
Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 100th Legislature are enacted into law:
(a) Senate Bill No. 1098.
(b) Senate Bill No. 1099.