Bill Text: MI HB4763 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Traffic control; traffic regulation; use of automated traffic enforcement safety devices at certain intersections; allow. Amends secs. 727c & 741 of 1949 PA 300 (MCL 257.727c & 257.741) & adds div. heading & adds secs. 751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761 & 762.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2013-05-23 - Printed Bill Filed 05/23/2013 [HB4763 Detail]

Download: Michigan-2013-HB4763-Introduced.html

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HOUSE BILL No. 4763

 

May 22, 2013, Introduced by Reps. Schmidt, Durhal, Stallworth, Banks, McCready, Stanley, Yanez and Dianda and referred to the Committee on Transportation and Infrastructure.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 727c and 741 (MCL 257.727c and 257.741),

 

section 727c as amended by 1999 PA 73 and section 741 as amended by

 

2006 PA 298, by adding a division heading, and by adding sections

 

751, 752, 753, 754, 755, 756, 757, 758, 759, 760, 761, and 762.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 a police officer and

 

issued under section 752.

 

     (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 or a civil offense.

 

As used in this subdivision, "civil offense" means that term as

 

defined in section 751.

 

     (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 a police officer shall be treated as

 

made under oath if the violation alleged in the complaint is a

 

civil offense described in section 752 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 or a civil offense. A civil infraction or civil offense

 

action is commenced upon the issuance and service of a citation as

 

provided in section 742 or 752. The plaintiff in a civil infraction

 

or civil offense 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 or civil offense 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 and civil offenses:

 

     (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 742 or 752.

 

     (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 or civil

 

offense 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.

 

     (6) As used in this section, "civil offense" means a violation

 

issued under section 752.

 

AUTOMATED TRAFFIC ENFORCEMENT

 

     Sec. 751. As used in this section through section 762:

 

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

 

local unit of government to administer the procedures described in

 

this division 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 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 vehicle's rear license plate.

 

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

 

time, and location of the violation and the intersection traffic

 

control signal.

 

     (c) "Civil offense" means a violation of a traffic law that is

 

or may be prosecuted under this division and that is not a civil

 

infraction.

 

     (d) "Local unit of government" means a state university or

 

college or a county, city, village, or township.

 

     (e) "Owner" means a person or persons 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 the 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 license plate, in

 

which event owner means the person to whom the vehicle is assigned

 

for use.

 

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

 

enforcement agency before the time of the civil offense, in which

 

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

 

motor vehicle.

 

     Sec. 752. (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 use of automated traffic enforcement safety devices

 

and publishing notice of the location or locations of the automated

 

traffic enforcement safety devices on its website and the factors

 

that led to the selection of automated traffic enforcement safety

 

device placement at a particular intersection, including, but not

 

limited to, the following factors:

 

     (a) The number of vehicle crashes that occurred at the

 

intersection during the preceding year.

 

     (b) The average number of pedestrians and other nonmotorized

 

vehicles crossing the intersection during the preceding year.

 

     (c) Whether the intersection is a high-congestion area.

 

     (d) Any other traffic or traffic-related issues the local unit

 

of government considers relevant to ensure public safety.

 

     (2) A local unit of government shall not consider the amount

 

of the fines, costs, and fees collected as a result of moving

 

violation citations issued at a specific intersection in

 

determining where an automated traffic enforcement safety device is

 

placed.

 

     (3) A local unit of government may appoint 1 or more persons

 

or entities to serve as agent to administer an automated traffic

 

enforcement safety device program and may enter into an agreement

 

with a private agent for the installation, operation, notice

 

processing, and administration and maintenance of automated traffic

 

enforcement safety devices.

 

     (4) A local unit of government may contract for the operation

 

of automated traffic enforcement safety devices authorized under

 

this section through intergovernmental agreements with another

 

local unit of government.

 

     (5) Before enforcing citations issued under an ordinance or

 

resolution enacted or adopted under this section, the local unit of

 

government shall install advance warning signs within 500 feet

 

along the approach of any roadway at which a nonmobile automated

 

traffic enforcement safety device is located. The advance warning

 

signs shall notify motorists of the existence of the automated

 

traffic enforcement safety device and shall comply with the

 

Michigan manual of uniform traffic control devices.

 

     (6) The timing of an automated traffic enforcement safety

 

device located at intersection traffic control signals with a

 

yellow light signal time shall meet standards contained in the most

 

recent edition of the Michigan manual of uniform traffic control

 

devices.

 

     (7) Any 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 if the automated traffic enforcement safety device

 

produces a recorded image or images, or video, of a motor vehicle

 

in violation of the provisions of section 612 or 614, or a local

 

ordinance substantially similar to section 612 or 614, pertaining

 

to traffic control signals exhibiting either a red light or a

 

flashing red light.

 

     (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, 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 notices described in subsection

 

(9) are 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

 

jurisdiction, a violation recorded by any automated traffic

 

enforcement safety device may be enforced only by the issuance of a

 

warning.

 

     (8) In addition to the requirements of subsection (7), all of

 

the following apply to an ordinance adopted under this section:

 

     (a) It shall impose a civil fine of not more than $130.00 for

 

civil offenses recorded by an automated traffic enforcement safety

 

device.

 

     (b) It may impose fees associated with the electronic

 

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

 

of the ordinance and related administrative fees.

 

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

 

violation of the ordinance or resolution will be applied to defray

 

the costs of the installation, operation, and maintenance of the

 

automated traffic enforcement safety device program, and that the

 

remaining funds shall be distributed as follows:

 

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

 

local governmental unit.

 

     (ii) Fifty percent shall be paid to the state treasurer for

 

deposit in the general fund of this state.

 

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

 

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

 

offense notice of the civil offense 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 offense.

 

     (b) The license plate number of the motor vehicle.

 

     (c) The civil offense charged.

 

     (d) The location and the date and time the civil offense

 

occurred.

 

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

 

plate that are captured by the automated traffic enforcement safety

 

device and information on how to view, through electronic means,

 

the recorded image or images.

 

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

 

has reviewed the recorded image or 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 offense.

 

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

 

imposed for the civil offense along with the time, place, and

 

manner for payment.

 

     (10) Except as otherwise provided in this division, a citation

 

issued under this section shall have the same force and effect as a

 

citation issued under section 742, and the procedures prescribed

 

under this chapter applicable to citations issued under section 742

 

also apply to citations issued under this section.

 

     (11) 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 within 30 days of the passage or adoption of the ordinance

 

or resolution.

 

     (12) Proof of the registration number of a motor vehicle and

 

corresponding identity of its owner is prima facie evidence

 

establishing the ownership of the vehicle.

 

     (13) It is a rebuttable presumption that the owner of the

 

vehicle was operating the vehicle at the time a civil offense

 

occurred.

 

     (14) The activities of an agent authorized as described under

 

this section shall 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. 753. (1) A person who receives a citation issued under

 

section 752 may raise any of the following defenses, in lieu of or

 

in addition to any other defense:

 

     (a) 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 offense recorded by the automated traffic enforcement

 

safety device.

 

     (b) The civil offense occurred during a period of time in

 

which the motor vehicle or license plate had been reported as

 

stolen to a law enforcement agency and had not been recovered prior

 

to the time of the civil offense, if a copy of the report of the

 

theft is produced and authenticated.

 

     (c) At the time of the alleged civil offense, 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)(c) is invoked, the owner

 

must 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

 

offense 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 as having the care, custody, or control of the

 

motor vehicle at the time of the civil offense occurred. The proof

 

required under subsection (2) creates a rebuttable presumption that

 

the person having the care, custody, or control of the motor

 

vehicle at the time the civil offense occurred was the operator of

 

the motor vehicle at the time the civil offense occurred. The

 

notice required under this subsection shall contain the following:

 

     (a) The information described in section 752(9).

 

     (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 at the time the

 

civil offense occurred.

 

     (c) A statement that a person may offer a defense as described

 

in this subsection or in subsection (1). If the person to whom the

 

owner identified as having care, custody, and control of the motor

 

vehicle denies having the care, custody, or control of the motor

 

vehicle at the time the civil offense occurred, the responsibility

 

for the civil offense shall revert 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 denies he

 

or she was the operator and declines responsibility, a new notice

 

shall be issued to the owner stating that the other person declined

 

responsibility and giving the owner the option of paying the civil

 

fine, costs, fees, and assessment or contesting the civil offense

 

by a stated date that shall be not less than 20 days from the

 

mailing of the new notice.

 

     (6) If the owner chooses to contest the notice of civil

 

offense after the owner has unsuccessfully attempted to transfer

 

responsibility using this procedure, 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. 754. A person receiving a citation issued under section

 

752 is responsible for payment of the associated civil fine, costs,

 

fees, and assessment unless the person does either of the

 

following:

 

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

 

the civil offense notice that he or she was not the operator and

 

declining responsibility, in which case responsibility for the

 

civil offense shall revert to the owner.

 

     (b) Admits to being the operator but denies committing a civil

 

offense, in which case the person may contest the civil offense in

 

the same manner as the owner may contest the civil offense.

 

     Sec. 755. A designated agent, police officer, or designated

 

local unit of government employee is not liable for any loss that

 

occurs while acting within the scope of his or her employment or

 

contractual engagement to implement or enforce a violation of an

 

ordinance adopted under section 752.

 

     Sec. 756. (1) Except in cases where there is an adjudication

 

that no civil offense occurred or there is otherwise a lawful

 

determination that no civil fine, costs, fees, or assessment shall

 

be imposed, the agent or local unit of government shall send a

 

notice to the person who is the registered owner of the motor

 

vehicle of any unpaid civil fine if a civil offense has not been

 

contested and the assessed fine, costs, fees, and assessment have

 

not been paid. The notice shall inform the registered owner of all

 

of the following:

 

     (a) That the local unit of government or agent will send a

 

referral to the secretary of state if the assessed fine, costs,

 

fees, and assessments are not paid within 30 days after the final

 

notice was mailed.

 

     (b) That the referral will result in the nonrenewal of the

 

registration of the motor vehicle, cause title of the motor vehicle

 

involved in the civil offense to not be transferred in this state,

 

and cause the person held responsible for the civil offense to be

 

ineligible to obtain or renew an operator's or chauffeur's license

 

in this state if the assessed fine, costs, fees, and assessment are

 

not paid.

 

     (2) The local unit of government or agent shall send a

 

referral to the secretary of state not sooner than 30 days after

 

the final notice was mailed if a civil offense has not been

 

contested and the assessed fine, costs, fees, and assessment have

 

not been paid. The referral to the secretary of state shall include

 

the following:

 

     (a) Any information known or available to the agent or local

 

unit of government concerning the license plate number and year of

 

registration and the name of the owner of the motor vehicle.

 

     (b) The date on which the civil offense occurred.

 

     (c) The date when the final notice was mailed.

 

     (d) The seal, logo, emblem, or electronic seal of the local

 

unit of government.

 

     (3) If the secretary of state receives a referral under

 

subsection (2), the referral shall be entered into the secretary of

 

state's database within 5 days of receipt, and the secretary of

 

state shall refuse to renew the registration of the motor vehicle,

 

cause title of the motor vehicle involved in the civil offense to

 

not be transferred in this state, and cause the person held

 

responsible for the civil offense to be ineligible to obtain or

 

renew an operator's or chauffeur's license in this state, until the

 

civil fine, costs, fees, and assessment are paid to the local unit

 

of government. The secretary of state shall mail a notice to the

 

person in whose name the vehicle is registered that informs the

 

person of all of the following:

 

     (a) That the registration of the motor vehicle shall not be

 

renewed.

 

     (b) That the title of the motor vehicle involved in the civil

 

offense shall not be transferred.

 

     (c) That the person held responsible for the civil offense

 

shall be ineligible to obtain or renew an operator's or chauffeur's

 

license.

 

     (d) That the reason for the penalties described in subdivision

 

(a) to (c) is the failure to pay an ordinance violation adopted

 

under section 752.

 

     (e) What the person is required to do to remove the penalties.

 

     (4) The secretary of state shall remove the penalties

 

described in subsection (3) if any person presents the secretary of

 

state with adequate proof that the fine, costs, fees, and

 

assessment have been paid and any imposed reinstatement fee has

 

been paid, if applicable.

 

     (5) If the local unit of government has given a notice of

 

nonpayment to the secretary of state and thereafter the civil fine,

 

costs, fees, and assessment have been paid, the local unit of

 

government shall transmit notice of the payment to the secretary of

 

state.

 

     Sec. 757. The following procedures apply to proceedings to

 

contest a citation issued under section 752:

 

     (a) The citation, any evidence of the civil offense produced

 

by an automated traffic enforcement safety device, and evidence of

 

ownership of a vehicle as shown by copies or summaries of official

 

records shall be admissible into evidence as official records or

 

business records without the need for additional foundation.

 

     (b) The court may assess a civil fine of not more than $130.00

 

and assess costs of not more than $130.00, which shall be disbursed

 

as provided in section 752. Court costs shall be retained by the

 

local unit of government where the citation was issued.

 

     Sec. 758. (1) A fee of $10.00 shall be collected by the court

 

in connection with a citation issued under section 752 to be paid

 

to the local unit of government where the citation was issued as

 

compensation for record keeping and transaction processing with

 

respect to citations issued under section 752.

 

     (2) A $5.00 statewide trauma assessment shall be collected by

 

the court in connection with a citation issued under section 752.

 

This assessment shall be deposited in the statewide trauma fund

 

established in section 761.

 

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

 

fine, costs, fees, or assessment for a citation issued under

 

section 752 if the operator of the vehicle that is the subject of

 

the citation is adjudicated to have not committed a civil offense

 

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

 

costs, fees, or assessment may be imposed.

 

     (4) A person shall not be arrested or imprisoned for

 

nonpayment of a civil fine, costs, fees, or assessment imposed

 

under section 752 or this section.

 

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

 

traffic enforcement safety device shall be destroyed within 90 days

 

of the final disposition of the case to which it pertains,

 

including any appeals, unless otherwise ordered by a court of

 

competent jurisdiction.

 

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

 

traffic enforcement safety device that do not identify a civil

 

offense shall be destroyed by the local unit of government or an

 

agent within 90 days of the date the image was recorded, unless

 

otherwise ordered by a court of competent jurisdiction.

 

     (7) The images and videos described in this section and

 

section 752 shall not contain images of the face of the operator or

 

passengers in the vehicle.

 

     Sec. 759. Notwithstanding any other provision of law, all of

 

the following apply to a civil offense that is the subject of a

 

citation issued under an automated traffic enforcement safety

 

program under section 752:

 

     (a) It is not a moving violation.

 

     (b) It shall not be considered in the provision of motor

 

vehicle insurance.

 

     (c) It shall not be reported to the secretary of state for

 

inclusion on a person's driving record.

 

     (d) It shall not cause the assessment of points against the

 

operator's or chauffeur's license of the person responsible for the

 

civil offense.

 

     Sec. 760. 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 752.

 

     Sec. 761. The statewide trauma fund is established in the

 

department of treasury and shall be administered by the state

 

treasurer.

 

     (2) The department of treasury shall receive and forward to

 

the state treasurer for deposit in the statewide trauma fund all

 

fees collected under section 758(2). The fund may receive as

 

revenue money from any other source, as appropriated by the

 

legislature.

 

     (3) The revenue in the statewide trauma fund shall be expended

 

to pay for costs related to the statewide trauma system described

 

in section 4 of 1989 PA 196, MCL 780.904.

 

     (4) Money in the statewide trauma fund that is unexpended at

 

the end of the state fiscal year shall be carried over to the

 

succeeding state fiscal year, shall not revert to the general fund,

 

and shall be expended as provided in subsection (3).

 

     Sec. 762. It is the intent of the legislature that a local

 

unit of government use revenue from citations issued under section

 

752 to enhance its funding for law enforcement operations, not to

 

replace current funding.