Bill Text: MI HB4918 | 2013-2014 | 97th Legislature | Engrossed


Bill Title: Traffic control; parking; money received from the payment of certain parking violations; limit. Amends sec. 675d of 1949 PA 300 (MCL 257.675d).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-12-03 - Referred To Committee On Local Government And Elections [HB4918 Detail]

Download: Michigan-2013-HB4918-Engrossed.html

HB-4918, As Passed House, November 14, 2013

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4918

 

August 2, 2013, Introduced by Rep. Kelly and referred to the Committee on Local Government.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 675d (MCL 257.675d), as amended by 2010 PA 211.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 675d. (1) Except as provided in subsection (2) and

 

subject to subsections (3) and (4), a law enforcement agency or a

 

local unit of government may implement and administer a program to

 

authorize and utilize persons other than police officers as

 

volunteers to issue citations for the following violations:

 

     (a) Parking on a sidewalk in violation of section 674(1)(a) or

 

a local ordinance substantially corresponding to section 674(1)(a).

 

     (b) Parking in front of a public or private driveway in

 

violation of section 674(1)(b) or a local ordinance substantially


 

corresponding to section 674(1)(b).

 

     (c) Parking within 15 feet of a fire hydrant in violation of

 

section 674(1)(d) or a local ordinance substantially corresponding

 

to section 674(1)(d).

 

     (d) Parking on a crosswalk in violation of section 674(1)(e)

 

or a local ordinance substantially corresponding to section

 

674(1)(e).

 

     (e) Parking within 20 feet of a crosswalk or, if there is not

 

a crosswalk, within 15 feet of the intersection of property lines

 

at an intersection of highways, in violation of section 674(1)(f)

 

or a local ordinance substantially corresponding to section

 

674(1)(f).

 

     (f) Parking at a place where an official sign prohibits

 

stopping or parking in violation of section 674(1)(n) or a local

 

ordinance substantially corresponding to section 674(1)(n). This

 

subdivision does not authorize a volunteer to issue a citation for

 

any other violation set forth in section 674 or a local ordinance

 

substantially corresponding to section 674.

 

     (g) Parking in a space reserved for use by disabled persons in

 

violation of section 674(1)(s) or a local ordinance substantially

 

corresponding to section 674(1)(s).

 

     (h) Parking in an access aisle or access lane immediately

 

adjacent to a space designated for parking by persons with

 

disabilities in violation of section 674(1)(t) or a local ordinance

 

substantially corresponding to section 674(1)(t).

 

     (i) Parking in violation of an official sign restricting the

 

period of time for or manner of parking in violation of section


 

674(1)(w) or a local ordinance substantially corresponding to

 

section 674(1)(w). This subdivision does not authorize a volunteer

 

to issue a citation for any other violation set forth in section

 

674 or a local ordinance substantially corresponding to section

 

674.

 

     (j) Parking in a space or in a manner that blocks access to a

 

fire lane in violation of section 674(1)(aa) or a local ordinance

 

substantially corresponding to section 674(1)(aa).

 

     (2) Before authorizing and utilizing persons other than police

 

officers to issue citations, the law enforcement agency or local

 

unit of government shall implement a program to train the persons

 

to properly issue citations as provided in this section, of which

 

not less than 8 hours shall be in parking enforcement, conducted by

 

that law enforcement agency or the law enforcement agency for that

 

local unit of government or, if the local unit of government does

 

not have a law enforcement agency, by the county sheriff. A person

 

who successfully completes a program of training implemented under

 

this section may issue citations as provided in this section as

 

authorized by the law enforcement agency or local unit of

 

government. A law enforcement agency of a local unit of government

 

shall not implement or administer a program under this section

 

without the specific authorization of the governing body of that

 

local unit of government. A law enforcement agency shall not

 

implement or administer a program under this section that would

 

allow volunteers to issue citations under subsection (1)(a), (b),

 

(c), (d), (e), (f), or (i) for any violations for which the use of

 

volunteers is prohibited under a collective bargaining agreement


 

between that local unit of government and any law enforcement

 

officers of that local unit of government.

 

     (3) No part of the money generated by the payment of parking

 

violation citations described in this section shall be directed,

 

paid, or credited to the benefit of the individual who issues the

 

citation or to any agency or association other than the law

 

enforcement agency or local unit of government that implements or

 

administers a program under this section. A law enforcement agency

 

or local unit of government that implements or administers a

 

program under this section shall not offer an inducement of any

 

monetary value to a volunteer or to any agency or association other

 

than the law enforcement agency or local unit of government to

 

issue 1 or more parking violation citations under this section.

 

     (4) If a person who receives a parking violation citation

 

issued by a volunteer under this section pleads not responsible or

 

responsible with explanation to the citation and requests a hearing

 

before the court or magistrate concerning the citation, the

 

citation shall be dismissed if the volunteer fails to attend the

 

scheduled hearing.

 

     (5) (3) As used in this section:

 

     (a) "Law enforcement agency" means any of the following:

 

     (i) A police agency of a city, village, or township.

 

     (ii) A sheriff's department.

 

     (iii) The department of state police.

 

     (iv) Any other governmental law enforcement agency in this

 

state.

 

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


 

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

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