H02158'03 (H-5)

HB-4308, As Passed House, December 10, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 4308

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 328, 732, 732a, and 907 (MCL 257.328,

257.732, 257.732a, and 257.907), section 328 as amended by 1995

PA 287, section 732 as amended by 2002 PA 534, section 732a as

added by 2003 PA 165, and section 907 as amended by 2003 PA 73.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 328. (1) The owner of a motor vehicle who operates or

2 permits the operation of the motor vehicle upon the highways of

3 this state or the operator of the motor vehicle shall produce,

4 pursuant to subsection (2), upon the request of a police officer,

5 evidence that the motor vehicle is insured under chapter 31 of

6 the insurance code of 1956, ~~Act No. 218 of the Public Acts of~~

7 ~~1956, being sections 500.3101 to 500.3179 of the Michigan~~

8 ~~Compiled Laws~~ 1956 PA 218, MCL 500.3101 to 500.3179. An

1 Subject to section 907(16), an owner or operator of a motor

2 vehicle who fails to produce evidence of insurance under this

3 subsection when requested to produce that evidence or who fails

4 to have motor vehicle insurance for the vehicle as required under

5 chapter 31 of ~~Act No. 218 of the Public Acts of 1956~~ the

6 insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179, is

7 responsible for a civil infraction.

8 (2) A certificate of insurance, if issued by an insurance

9 company, ~~which certificate states~~ that certifies that the

10 security ~~which~~ that meets the requirements of sections 3101 and

11 3102 of ~~Act No. 218 of the Public Acts of 1956, being sections~~

12 ~~500.3101 and 500.3102 of the Michigan Compiled Laws~~ the

13 insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102,

14 is in force shall be accepted as prima facie evidence that

15 insurance is in force for the motor vehicle described in the

16 certificate of insurance until the expiration date shown on the

17 certificate. The certificate, in addition to describing the

18 motor vehicles for which insurance is in effect, shall state the

19 name of each person named on the policy, policy declaration, or a

20 declaration certificate whose operation of the vehicle would

21 cause the liability coverage of that insurance to become void.

22 (3) If, before the appearance date on the citation, the

23 person submits proof to the court that the motor vehicle had

24 insurance meeting the requirements of sections 3101 and 3102 of

25 the insurance code of 1956, 1956 PA 218, MCL 500.3101 and

26 500.3102, at the time the violation of subsection (1) occurred,

27 all of the following apply:

1 (a) The court shall not assess a fine or costs.

2 (b) The court shall not cause an abstract of the court record

3 to be forwarded to the secretary of state.

4 (c) The court may assess a fee of $25.00, which shall be paid

5 to the court funding unit.

6 (4) ~~(3)~~ If an owner or operator of a motor vehicle is

7 determined to be responsible for a violation of subsection (1),

8 the court in which the civil infraction determination is entered

9 may require the person to surrender his or her operator's or

10 chauffeur's license unless proof that the vehicle has insurance

11 meeting the requirements of sections 3101 and 3102 of ~~Act~~

12 ~~No. 218 of the Public Acts of 1956~~ the insurance code of 1956,

13 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the

14 court. ~~If the person submits proof to the court that the~~

15 ~~vehicle has insurance meeting the requirements of sections 3101~~

16 ~~and 3102 of Act No. 218 of the Public Acts of 1956, in addition~~

17 ~~to the civil fine and costs provided by section 907, the court~~

18 ~~shall assess a fee of $25.00.~~ If the court requires the license

19 to be surrendered, the court shall order the secretary of state

20 to suspend the person's license. The court shall immediately

21 destroy the license and shall forward to the secretary of state

22 an abstract of the court record as required by section 732. Upon

23 receipt of the abstract, the secretary of state shall suspend the

24 person's license beginning with the date on which a person is

25 determined to be responsible for the civil infraction for a

26 period of 30 days or until proof of insurance ~~which meets~~

27 meeting the requirements of sections 3101 and 3102 of ~~Act~~

1 ~~No. 218 of the Public Acts of 1956~~ the insurance code of 1956,

2 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the

3 secretary of state, whichever occurs later. A person who submits

4 proof of insurance to the secretary of state under this

5 subsection shall pay a service fee of $25.00 to the secretary of

6 state. The person shall not be required to be examined as set

7 forth in section 320c and shall not be required to pay a

8 replacement license fee.

9 (5) ~~(4)~~ If an owner or operator of a motor vehicle is

10 determined to be responsible for a violation of subsection (1),

11 the court in which the civil infraction determination is entered

12 shall notify the secretary of state of the vehicle registration

13 number and the year and make of the motor vehicle being operated

14 at the time of the violation. This notification shall be made on

15 the abstract or on a form approved by the supreme court

16 administrator. Upon receipt, the secretary of state shall

17 immediately enter this information in the records of the

18 department. The secretary of state shall not renew, transfer, or

19 replace the registration plate of the vehicle involved in the

20 violation or allow the purchase of a new registration plate for

21 the vehicle involved in the violation until the owner meets the

22 requirements of section 227a or unless the vehicle involved in

23 the violation is transferred or sold to a person other than the

24 owner's spouse, mother, father, sister, brother, or child.

25 (6) ~~(5)~~ An owner or operator of a motor vehicle who

26 knowingly produces false evidence under this section is guilty of

27 a misdemeanor, punishable by imprisonment for not more than 1

1 year, or a fine of not more than $1,000.00, or both.

2 (7) ~~(6)~~ Points shall not be entered on a driver's record

3 pursuant to section 320a for a violation of this section.

4 (8) ~~(7)~~ This section does not apply to the owner or

5 operator of a motor vehicle that is registered in a state other

6 than this state or a foreign country or province.

7 Sec. 732. (1) Each municipal judge and each clerk of a

8 court of record shall keep a full record of every case in which a

9 person is charged with or cited for a violation of this act or a

10 local ordinance substantially corresponding to this act

11 regulating the operation of vehicles on highways and with those

12 offenses pertaining to the operation of ORVs or snowmobiles for

13 which points are assessed under section 320a(1)(c) or (h).

14 Except as provided in subsection (15), the municipal judge or

15 clerk of the court of record shall prepare and forward to the

16 secretary of state an abstract of the court record as follows:

17 (a) Within 14 days after a conviction, forfeiture of bail, or

18 entry of a civil infraction determination or default judgment

19 upon a charge of or citation for violating or attempting to

20 violate this act or a local ordinance substantially corresponding

21 to this act regulating the operation of vehicles on highways.

22 (b) Immediately for each case charging a violation of

23 section 625(1), (3), (4), (5), (6), or (7) or section 625m or a

24 local ordinance substantially corresponding to section 625(1),

25 (3), or (6) or section 625m in which the charge is dismissed or

26 the defendant is acquitted.

27 (c) Immediately for each case charging a violation of section

1 82127(1) or (3), 81134, or 81135 of the natural resources and

2 environmental protection act, 1994 PA 451, MCL 324.82127,

3 324.81134, and 324.81135, or a local ordinance substantially

4 corresponding to those sections.

5 (2) If a city or village department, bureau, or person is

6 authorized to accept a payment of money as a settlement for a

7 violation of a local ordinance substantially corresponding to

8 this act, the city or village department, bureau, or person shall

9 send a full report of each case in which a person pays any amount

10 of money to the city or village department, bureau, or person to

11 the secretary of state upon a form prescribed by the secretary of

12 state.

13 (3) The abstract or report required under this section shall

14 be made upon a form furnished by the secretary of state. An

15 abstract shall be certified by signature, stamp, or facsimile

16 signature of the person required to prepare the abstract as

17 correct. An abstract or report shall include all of the

18 following:

19 (a) The name, address, and date of birth of the person

20 charged or cited.

21 (b) The number of the person's operator's or chauffeur's

22 license, if any.

23 (c) The date and nature of the violation.

24 (d) The type of vehicle driven at the time of the violation

25 and, if the vehicle is a commercial motor vehicle, that vehicle's

26 group designation and indorsement classification.

27 (e) The date of the conviction, finding, forfeiture,

1 judgment, or civil infraction determination.

2 (f) Whether bail was forfeited.

3 (g) Any license restriction, suspension, or denial ordered by

4 the court as provided by law.

5 (h) The vehicle identification number and registration plate

6 number of all vehicles that are ordered immobilized or

7 forfeited.

8 (i) Other information considered necessary to the secretary

9 of state.

10 (4) The clerk of the court also shall forward an abstract of

11 the court record to the secretary of state upon a person's

12 conviction involving any of the following:

13 (a) A violation of section 413, 414, or 479a of the Michigan

14 penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

15 (b) A violation of section 1 of former 1931 PA 214.

16 (c) Negligent homicide, manslaughter, or murder resulting

17 from the operation of a vehicle.

18 (d) A violation of section 703 of the Michigan liquor control

19 code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

20 substantially corresponding to that section.

21 (e) A violation of section 411a(2) of the Michigan penal

22 code, 1931 PA 328, MCL 750.411a.

23 (f) A violation of motor carrier safety regulations, 49

24 ~~C.F.R.~~ CFR 392.10 or 392.11, as adopted by section 1a of the

25 motor carrier safety act of 1963, 1963 PA 181, MCL 480.11a.

26 (g) A violation of section 57 of the pupil transportation

27 act, 1990 PA 187, MCL 257.1857.

House Bill No. 4308 (H-5) as amended December 10, 2003

1 (h) A violation of motor carrier safety regulations, 49

2 ~~C.F.R.~~ CFR 392.10 or 392.11, as adopted by section 31 of the

3 motor bus transportation act, 1982 PA 432, MCL 474.131.

4 (i) An attempt to violate, a conspiracy to violate, or a

5 violation of part 74 of the public health code, 1978 PA 368,

6 MCL 333.7401 to 333.7461, or a local ordinance that prohibits

7 conduct prohibited under part 74 of the public health code, 1978

8 PA 368, MCL 333.7401 to 333.7461, unless the convicted person is

9 sentenced to life imprisonment or a minimum term of imprisonment

10 that exceeds 1 year for the offense.

11 (j) An attempt to commit an offense described in subdivisions

12 (a) to (h).

13 (k) A violation of chapter LXXXIII-A of the Michigan penal

14 code, 1931 PA 328, MCL 750.543a to 750.543z.

15 (l) A violation of section [3101, 3102(1), or 3103 of the insurance

16 code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.]

17 (5) As used in subsections (6) to (8), "felony in which a

18 motor vehicle was used" means a felony during the commission of

19 which the person operated a motor vehicle and while operating the

20 vehicle presented real or potential harm to persons or property

21 and 1 or more of the following circumstances existed:

22 (a) The vehicle was used as an instrument of the felony.

23 (b) The vehicle was used to transport a victim of the

24 felony.

25 (c) The vehicle was used to flee the scene of the felony.

26 (d) The vehicle was necessary for the commission of the

27 felony.

1 (6) If a person is charged with a felony in which a motor

2 vehicle was used, other than a felony specified in subsection (4)

3 or section 319, the prosecuting attorney shall include the

4 following statement on the complaint and information filed in

5 district or circuit court:

6 "You are charged with the commission of a felony in which a

7 motor vehicle was used. If you are convicted and the judge finds

8 that the conviction is for a felony in which a motor vehicle was

9 used, as defined in section 319 of the Michigan vehicle code,

10 1949 PA 300, MCL 257.319, your driver's license shall be

11 suspended by the secretary of state.".

12 (7) If a juvenile is accused of an act, the nature of which

13 constitutes a felony in which a motor vehicle was used, other

14 than a felony specified in subsection (4) or section 319, the

15 prosecuting attorney or family division of circuit court shall

16 include the following statement on the petition filed in the

17 court:

18 "You are accused of an act the nature of which constitutes a

19 felony in which a motor vehicle was used. If the accusation is

20 found to be true and the judge or referee finds that the nature

21 of the act constitutes a felony in which a motor vehicle was

22 used, as defined in section 319 of the Michigan vehicle code,

23 1949 PA 300, MCL 257.319, your driver's license shall be

24 suspended by the secretary of state.".

25 (8) If the court determines as part of the sentence or

26 disposition that the felony for which the person was convicted or

27 adjudicated and with respect to which notice was given under

1 subsection (6) or (7) is a felony in which a motor vehicle was

2 used, the clerk of the court shall forward an abstract of the

3 court record of that conviction to the secretary of state.

4 (9) As used in subsections (10) and (11), "felony in which a

5 commercial motor vehicle was used" means a felony during the

6 commission of which the person operated a commercial motor

7 vehicle and while the person was operating the vehicle 1 or more

8 of the following circumstances existed:

9 (a) The vehicle was used as an instrument of the felony.

10 (b) The vehicle was used to transport a victim of the

11 felony.

12 (c) The vehicle was used to flee the scene of the felony.

13 (d) The vehicle was necessary for the commission of the

14 felony.

15 (10) If a person is charged with a felony in which a

16 commercial motor vehicle was used and for which a vehicle group

17 designation on a license is subject to suspension or revocation

18 under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

19 319b(1)(f)(i), the prosecuting attorney shall include the

20 following statement on the complaint and information filed in

21 district or circuit court:

22 "You are charged with the commission of a felony in which a

23 commercial motor vehicle was used. If you are convicted and the

24 judge finds that the conviction is for a felony in which a

25 commercial motor vehicle was used, as defined in section 319b of

26 the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

27 group designations on your driver's license shall be suspended or

1 revoked by the secretary of state.".

2 (11) If the judge determines as part of the sentence that the

3 felony for which the defendant was convicted and with respect to

4 which notice was given under subsection (10) is a felony in which

5 a commercial motor vehicle was used, the clerk of the court shall

6 forward an abstract of the court record of that conviction to the

7 secretary of state.

8 (12) Every person required to forward abstracts to the

9 secretary of state under this section shall certify for the

10 period from January 1 through June 30 and for the period from

11 July 1 through December 31 that all abstracts required to be

12 forwarded during the period have been forwarded. The

13 certification shall be filed with the secretary of state not

14 later than 28 days after the end of the period covered by the

15 certification. The certification shall be made upon a form

16 furnished by the secretary of state and shall include all of the

17 following:

18 (a) The name and title of the person required to forward

19 abstracts.

20 (b) The court for which the certification is filed.

21 (c) The time period covered by the certification.

22 (d) The following statement:

23 "I certify that all abstracts required by section 732 of the

24 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

25 __________ through __________ have been forwarded to the

26 secretary of state.".

27 (e) Other information the secretary of state considers

1 necessary.

2 (f) The signature of the person required to forward

3 abstracts.

4 (13) The failure, refusal, or neglect of a person to comply

5 with this section constitutes misconduct in office and is grounds

6 for removal from office.

7 (14) Except as provided in subsection (15), the secretary of

8 state shall keep all abstracts received under this section at the

9 secretary of state's main office and the abstracts shall be open

10 for public inspection during the office's usual business hours.

11 Each abstract shall be entered upon the master driving record of

12 the person to whom it pertains.

13 (15) Except for controlled substance offenses described in

14 subsection (4), the court shall not submit, and the secretary of

15 state shall discard and not enter on the master driving record,

16 an abstract for a conviction or civil infraction determination

17 for any of the following violations:

18 (a) The parking or standing of a vehicle.

19 (b) A nonmoving violation that is not the basis for the

20 secretary of state's suspension, revocation, or denial of an

21 operator's or chauffeur's license.

22 (c) A violation of chapter II that is not the basis for the

23 secretary of state's suspension, revocation, or denial of an

24 operator's or chauffeur's license.

25 (d) A pedestrian, passenger, or bicycle violation, other than

26 a violation of section 703(1) or (2) of the Michigan liquor

27 control code of 1998, 1998 PA 58, MCL 436.1703, or a local

House Bill No. 4308 (H-5) as amended December 10, 2003

1 ordinance substantially corresponding to section 703(1) or (2) of

2 the Michigan liquor control code of 1998, 1998 PA 58,

3 MCL 436.1703, or section 624a or 624b or a local ordinance

4 substantially corresponding to section 624a or 624b.

5 (e) A violation of section 710e or a local ordinance

6 substantially corresponding to section 710e.

7 (f) A violation of section 328(1) if, before the [appearance] date on the

8 citation, the person submits proof to the court that the motor

9 vehicle had insurance meeting the requirements of sections 3101

10 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101

11 and 500.3102.

12 (16) The secretary of state shall discard and not enter on

13 the master driving record an abstract for a bond forfeiture that

14 occurred outside this state. However, the secretary of state

15 shall retain and enter on the master driving record an abstract

16 of an out-of-state bond forfeiture for an offense that occurred

17 in connection with the operation of a commercial motor vehicle.

18 (17) The secretary of state shall inform the courts of this

19 state of the nonmoving violations and violations of chapter II

20 that are used by the secretary of state as the basis for the

21 suspension, restriction, revocation, or denial of an operator's

22 or chauffeur's license.

23 (18) If a conviction or civil infraction determination is

24 reversed upon appeal, the person whose conviction or

25 determination has been reversed may serve on the secretary of

26 state a certified copy of the order of reversal. The secretary

27 of state shall enter the order in the proper book or index in

1 connection with the record of the conviction or civil infraction

2 determination.

3 (19) The secretary of state may permit a city or village

4 department, bureau, person, or court to modify the requirement as

5 to the time and manner of reporting a conviction, civil

6 infraction determination, or settlement to the secretary of state

7 if the modification will increase the economy and efficiency of

8 collecting and utilizing the records. If the permitted abstract

9 of court record reporting a conviction, civil infraction

10 determination, or settlement originates as a part of the written

11 notice to appear, authorized in section 728(1) or 742(1), the

12 form of the written notice and report shall be as prescribed by

13 the secretary of state.

14 (20) Except as provided in this act and notwithstanding any

15 other provision of law, a court shall not order expunction of any

16 violation reportable to the secretary of state under this

17 section.

18 Sec. 732a. (1) An individual, whether licensed or not, who

19 accumulates 7 or more points on his or her driving record

20 pursuant to section 320a within a 2-year period for any violation

21 not listed under subsection (2) shall be assessed a $100.00

22 driver responsibility fee. For each additional point accumulated

23 above 7 points not listed under subsection (2), an additional fee

24 of $50.00 shall be assessed. The secretary of state shall

25 collect the fees described in this subsection once each year that

26 the point total on an individual driving record is 7 points or

27 more.

1 (2) An individual, whether licensed or not, who violates any

2 of the following sections or another law or local ordinance that

3 substantially corresponds to those sections shall be assessed a

4 driver responsibility fee as follows:

5 (a) Upon posting of an abstract that an individual has been

6 found guilty for a violation listed in this subdivision, the

7 secretary of state shall assess a $1,000.00 driver responsibility

8 fee each year for 2 consecutive years for any of the following

9 offenses:

10 (i) Manslaughter, negligent homicide, or a felony resulting

11 from the operation of a motor vehicle, ORV, or snowmobile.

12 (ii) A violation of section 601b(2) or (3), 601c(1) or (2),

13 or 653a(3) or (4).

14 (iii) A violation of section 625(1), (4), or (5), section

15 625m, or section 81134 of the natural resources and environmental

16 protection act, 1994 PA 451, MCL 324.81134, or a law or ordinance

17 substantially corresponding to section 625(1), (4), or (5),

18 section 625m, or section 81134 of the natural resources and

19 environmental protection act, 1994 PA 451, MCL 324.81134.

20 (iv) Failing to stop and disclose identity at the scene of an

21 accident when required by law.

22 (v) Fleeing or eluding an officer.

23 (b) Upon posting of an abstract that an individual has been

24 found guilty for a violation listed in this subdivision, the

25 secretary of state shall assess a $500.00 driver responsibility

26 fee each year for 2 consecutive years for any of the following

27 offenses:

1 (i) Section 625(3), (6), (7), or (8).

2 (ii) Section 626.

3 (iii) Section 904.

4 (iv) Section 3101, 3102(1), or 3103 of the insurance code of

5 1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.

6 (c) Upon posting of an abstract that an individual has been

7 found guilty for a violation ~~listed in this subdivision~~ of

8 section 301, the secretary of state shall assess a $150.00 driver

9 responsibility fee each year for 2 consecutive years. ~~for any of~~

10 ~~the following offenses:~~

11 (i~~) Section 301.~~

12 (ii~~) Section 328.~~

13 (d) Upon posting of an abstract that an individual has been

14 found guilty or determined responsible for a violation listed in

15 section 328, the secretary of state shall assess a $300.00 driver

16 responsibility fee each year for 2 consecutive years.

17 (3) The secretary of state shall send a notice of the driver

18 responsibility assessment, as prescribed under subsection (1) or

19 (2), to the individual by regular mail to the address on the

20 records of the secretary of state. If payment is not received

21 within 30 days after the notice is mailed, the secretary of state

22 shall send a second notice that indicates that if payment is not

23 received within the next 30 days, the driver's driving privileges

24 will be suspended.

25 (4) The secretary of state may authorize payment by

26 installment for an amount of $500.00 or more for a period not to

27 exceed 12 months.

1 (5) If payment is not received or an installment plan is not

2 established after the time limit required by the second notice

3 prescribed under subsection (3) expires, the secretary of state

4 shall suspend the driving privileges until the assessment and any

5 other fees prescribed under this act are paid.

6 (6) A fee shall not be assessed under this section for 7

7 points or more on a driving record on the effective date of the

8 amendatory act that added this section. Points assigned after

9 that date shall be assessed as prescribed under subsections (1)

10 and (2).

11 (7) The fire protection fund is created within the state

12 treasury. The state treasurer may receive money or other assets

13 from any source for deposit into the fund. The state treasurer

14 shall direct the investment of the fund. The state treasurer

15 shall credit to the fund interest and earnings from fund

16 investments. Money in the fund at the close of the fiscal year

17 shall remain in the fund and shall not lapse to the general

18 fund. The department of consumer and industry services shall

19 expend money from the fund, upon appropriation, only for fire

20 protection grants to cities, villages, and townships with state

21 owned facilities for fire services, as provided in 1977 PA 289,

22 MCL 141.951 to 141.956.

23 (8) The secretary of state shall transmit the fees collected

24 under this section to the state treasurer. The state treasurer

25 shall credit fee money received under this section in each fiscal

26 year as follows:

27 (a) The first $65,000,000.00 shall be credited to the general

1 fund.

2 (b) If more than $65,000,000.00 is collected under this

3 section, the next amount collected in excess of $65,000,000.00 up

4 to $68,500,000.00 shall be credited to the fire protection fund

5 created in this section.

6 (c) If more than $100,000,000.00 is collected under this

7 section, the next amount collected in excess of $100,000,000.00

8 up to $105,000,000.00 shall be credited to the fire protection

9 fund created in this section.

10 (d) Any amount collected after crediting the amounts under

11 subdivisions (a), (b), and (c) shall be credited to the general

12 fund.

13 (9) For fiscal year 2003-2004, $3,500,000.00 is appropriated

14 from the fire protection fund described in subsection (7) to the

15 department of consumer and industry services for the purposes

16 described under subsection (7).

17 Sec. 907. (1) A violation of this act, or a local ordinance

18 substantially corresponding to a provision of this act, which is

19 designated a civil infraction shall not be considered a lesser

20 included offense of a criminal offense.

21 (2) If a person is determined pursuant to sections 741 to 750

22 to be responsible or responsible "with explanation" for a civil

23 infraction under this act or a local ordinance substantially

24 corresponding to a provision of this act, the judge or district

25 court magistrate may order the person to pay a civil fine of not

26 more than $100.00 and costs as provided in subsection (4).

27 However, for a violation of section 674(1)(s) or a local

1 ordinance substantially corresponding to section 674(1)(s), the

2 person shall be ordered to pay costs as provided in subsection

3 (4) and a civil fine of not less than $100.00 or more than

4 $250.00. For a violation of section ~~328 or~~ 710d, the civil

5 fine ordered under this subsection shall not exceed $10.00. For

6 a violation of section 710e, the civil fine and court costs

7 ordered under this subsection shall be $25.00. For a violation

8 of section 682 or a local ordinance substantially corresponding

9 to section 682, the person shall be ordered to pay costs as

10 provided in subsection (4) and a civil fine of not less than

11 $100.00 or more than $500.00. Permission may be granted for

12 payment of a civil fine and costs to be made within a specified

13 period of time or in specified installments, but unless

14 permission is included in the order or judgment, the civil fine

15 and costs shall be payable immediately.

16 (3) Except as provided in this subsection, if a person is

17 determined to be responsible or responsible "with explanation"

18 for a civil infraction under this act or a local ordinance

19 substantially corresponding to a provision of this act while

20 driving a commercial motor vehicle, he or she shall be ordered to

21 pay costs as provided in subsection (4) and a civil fine of not

22 more than $250.00. If a person is determined to be responsible

23 or responsible "with explanation" for a civil infraction under

24 section 319g or a local ordinance substantially corresponding to

25 section 319g, that person shall be ordered to pay costs as

26 provided in subsection (4) and a civil fine of not more than

27 $10,000.00.

1 (4) If a civil fine is ordered under subsection (2) or (3),

2 the judge or district court magistrate shall summarily tax and

3 determine the costs of the action, which are not limited to the

4 costs taxable in ordinary civil actions, and may include all

5 expenses, direct and indirect, to which the plaintiff has been

6 put in connection with the civil infraction, up to the entry of

7 judgment. Costs shall not be ordered in excess of $100.00. A

8 civil fine ordered under subsection (2) or (3) shall not be

9 waived unless costs ordered under this subsection are waived.

10 Except as otherwise provided by law, costs are payable to the

11 general fund of the plaintiff.

12 (5) In addition to a civil fine and costs ordered under

13 subsection (2) or (3) and subsection (4) and the justice system

14 assessment ordered under subsection (14), the judge or district

15 court magistrate may order the person to attend and complete a

16 program of treatment, education, or rehabilitation.

17 (6) A district court magistrate shall impose the sanctions

18 permitted under subsections (2), (3), and (5) only to the extent

19 expressly authorized by the chief judge or only judge of the

20 district court district.

21 (7) Each district of the district court and each municipal

22 court may establish a schedule of civil fines, costs, and

23 assessments to be imposed for civil infractions which occur

24 within the respective district or city. If a schedule is

25 established, it shall be prominently posted and readily available

26 for public inspection. A schedule need not include all

27 violations which are designated by law or ordinance as civil

1 infractions. A schedule may exclude cases on the basis of a

2 defendant's prior record of civil infractions or traffic

3 offenses, or a combination of civil infractions and traffic

4 offenses.

5 (8) The state court administrator shall annually publish and

6 distribute to each district and court a recommended range of

7 civil fines and costs for first-time civil infractions. This

8 recommendation is not binding upon the courts having jurisdiction

9 over civil infractions but is intended to act as a normative

10 guide for judges and district court magistrates and a basis for

11 public evaluation of disparities in the imposition of civil fines

12 and costs throughout the state.

13 (9) If a person has received a civil infraction citation for

14 defective safety equipment on a vehicle under section 683, the

15 court shall waive a civil fine, costs, and assessments upon

16 receipt of certification by a law enforcement agency that repair

17 of the defective equipment was made before the appearance date on

18 the citation.

19 (10) A default in the payment of a civil fine or costs

20 ordered under subsection (2), (3), or (4) or a justice system

21 assessment ordered under subsection (14), or an installment of

22 the fine, costs, or assessment, may be collected by a means

23 authorized for the enforcement of a judgment under chapter 40 of

24 the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to

25 600.4065, or under chapter 60 of the revised judicature act of

26 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

27 (11) If a person fails to comply with an order or judgment

1 issued pursuant to this section, within the time prescribed by

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

3 pursuant to section 321a until full compliance with that order or

4 judgment occurs. In addition to this suspension, the court may

5 also proceed under section 908.

6 (12) The court shall waive any civil fine, cost, or

7 assessment against a person who received a civil infraction

8 citation for a violation of section 710d if the person, before

9 the appearance date on the citation, supplies the court with

10 evidence of acquisition, purchase, or rental of a child seating

11 system meeting the requirements of section 710d.

12 (13) Until October 1, 2003, in addition to any civil fines

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

14 district court magistrate shall levy an assessment of $5.00 for

15 each civil infraction determination, except for a parking

16 violation or a violation for which the total fine and costs

17 imposed are $10.00 or less. An assessment paid before October 1,

18 2003 shall be transmitted by the clerk of the court to the state

19 treasurer to be deposited into the Michigan justice training

20 fund. An assessment ordered before October 1, 2003 but collected

21 on or after October 1, 2003 shall be transmitted by the clerk of

22 the court to the state treasurer for deposit in the justice

23 system fund created in section 181 of the revised judicature act

24 of 1961, 1961 PA 236, MCL 600.181. An assessment levied under

25 this subsection is not a civil fine for purposes of section 909.

26 (14) Effective October 1, 2003, in addition to any civil

27 fines and costs ordered to be paid under this section, the judge

House Bill No. 4308 (H-5) as amended December 10, 2003

1 or district court magistrate shall order the defendant to pay a

2 justice system assessment of $40.00 for each civil infraction

3 determination, except for a parking violation or a violation for

4 which the total fine and costs imposed are $10.00 or less. Upon

5 payment of the assessment, the clerk of the court shall transmit

6 the assessment collected to the state treasury to be deposited

7 into the justice system fund created in section 181 of the

8 revised judicature act of 1961, 1961 PA 236, MCL 600.181. An

9 assessment levied under this subsection is not a civil fine for

10 purposes of section 909.

11 (15) If a person has received a citation for a violation of

12 section 223, the court shall waive any civil fine, costs, and

13 assessment, upon receipt of certification by a law enforcement

14 agency that the person, before the appearance date on the

15 citation, produced a valid registration certificate that was

16 valid on the date the violation of section 223 occurred.

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

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

19 pursuant to section 328(2), the court [may waive the fee described in section 328(3)(c) and] shall waive any fine,

20 costs, and [

21 ] any other fee or assessment otherwise authorized

22 under this act upon receipt of verification by the court that the

23 person, before the appearance date on the citation, produced

24 valid proof of insurance that was in effect at the time the

25 violation of section 328(1) occurred. Insurance obtained

26 subsequent to the time of the violation does not make the person

27 eligible for a waiver under this subsection.