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.