SENATE BILL No. 518

 

 

September 19, 2013, Introduced by Senators PROOS, ROBERTSON, JONES, BRANDENBURG and MARLEAU and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 4803 (MCL 600.4803), as amended by 1996 PA 374.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4803. (1) A person who fails to pay a penalty, fee, or

 

costs in full within 56 days after that amount is due and owing is

 

subject to a late penalty equal to 20% of the amount owed. The

 

court shall inform a person subject to a penalty, fee, or costs

 

that the late penalty will be applied to any amount that continues

 

to be unpaid 56 days after the amount is due and owing. Penalties,

 

fees, and costs are due and owing at the time they are ordered

 

unless the court directs otherwise. The court shall order a

 

specific date on which the penalties, fees, and costs are due and

 

owing. If the court authorizes delayed or installment payments of a


 

penalty, fee, or costs, the court shall inform the person of the

 

date on which, or time schedule under which, the penalty, fee, or

 

costs, or portion of the penalty, fee, or costs, will be due and

 

owing. The court may authorize the traffic control agency of the

 

local unit of government in which the person resides to immobilize

 

the person's motor vehicle until the person either remits the full

 

amount owing or becomes current on installment payments under the

 

court order. A late penalty may be waived by the court upon the

 

request of the person subject to the late penalty.

 

     (2) Within 30 days after receiving a late penalty, the clerk

 

of the court shall transmit the amount received to the treasurer or

 

chief financial officer of the funding unit of the court, for

 

deposit in the general fund of the funding unit.

 

     (3) As used in this section, "funding unit" means 1 of the

 

following as applicable:

 

     (a) For the circuit court, each county in the circuit.

 

     (b) For the recorder's court of the city of Detroit, the

 

county.

 

     (c) For the district court, the district funding unit of the

 

district, as defined in section 8104.

 

     (d) For a municipal court, the political unit where the

 

municipal court is located.