Bill Text: MI HB4400 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Vehicles; abandoned; assessment and collection of enforcement fee for certain abandoned vehicles; provide for. Amends sec. 907 of 1949 PA 300 (MCL 257.907).

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-06-30 - Referred To Committee Of The Whole With Substitute S-2 [HB4400 Detail]

Download: Michigan-2009-HB4400-Engrossed.html

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HB-4400, As Passed House, March 31, 2009

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4400

 

February 24, 2009, Introduced by Reps. Kandrevas, Durhal, Slezak, Nathan, Tlaib and Clemente and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 907 (MCL 257.907), as amended by 2008 PA 463.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 pursuant to 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

 

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 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 violation of section

 

319f(1), the civil fine ordered under this section shall be not

 

less than $1,100.00 or more than $2,750.00. 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)(b),

 

the civil fine ordered under this section shall be not less than

 

$2,750.00 or more than $11,000.00. 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. If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under section

 

319g or a local ordinance substantially corresponding to section

 

319g, that person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of not more than $10,000.00.

 

     (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 an

 

assessment ordered under subsection (14) or (15), 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 an assessment

 

ordered under subsection (14) or (15), 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 pursuant to this section within the time prescribed by the

 

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

 

pursuant to 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 shall 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) Until October 1, 2003, in addition to any civil fines and

 

costs ordered to be paid under this section, the judge or district

 

court magistrate shall levy an assessment of $5.00 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. An assessment paid before October 1, 2003 shall be

 

transmitted by the clerk of the court to the state treasurer to be

 

deposited into the Michigan justice training fund. An assessment

 

ordered before October 1, 2003 but collected on or after October 1,

 

2003 shall be transmitted by the clerk of the court to the state

 

treasurer for deposit in 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) Effective October 1, 2003, 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.

 

     (15) If a person is responsible for a citation issued for a

 

violation of section 252a, the court shall impose an assessment of

 

$25.00 as reimbursement for the expenses that the law enforcement

 

agency incurred in the enforcement of the vehicle abandonment

 

prohibition, which shall be in addition to any other civil fine or

 

charge allowed by law. The assessment imposed under this subsection

 

shall be remitted to the treasurer of the local unit of government

 

or the state treasurer, as applicable.

 

     (16) (15) 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.

 

     (17) (16) If a person has received a citation for a violation

 

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

 

pursuant to 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.

 

     (18) (17) 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.