SENATE BILL No. 1046

 

 

September 10, 2014, Introduced by Senators JONES and BIEDA and referred to the Committee on Transportation.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 8379 (MCL 600.8379), as amended by 2000 PA 93.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8379. (1) Fines and costs assessed in the district court

 

shall be paid to the clerk of the court who shall appropriate them

 

as follows:

 

     (a) A Except as otherwise provided in section 682e of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.682e, a fine imposed

 

for the violation of a penal law of this state and a civil fine

 

ordered in a civil infraction action for violation of a law of this

 

state shall be paid to the county treasurer and applied for library

 

purposes as provided by law.

 

     (b) In districts of the first and second class, costs imposed

 


for the violation of a penal law of this state or ordered in a

 

civil infraction action for the violation of a law of this state

 

shall be paid to the treasurer of the county in which the action

 

was commenced. In districts of the third class, costs imposed for

 

the violation of a penal law of this state or ordered in a civil

 

infraction action for the violation of a law of this state shall be

 

paid to the treasurer of the political subdivision where the guilty

 

plea or civil infraction admission was entered or where the trial

 

or civil infraction action hearing took place.

 

     (c) Except as provided in subsection (2), in districts of the

 

first and second class, 1/3 of all fines and costs, other than

 

those imposed for the violation of a penal law of this state or

 

ordered in a civil infraction action for the violation of a law of

 

this state, shall be paid to the political subdivision whose law

 

was violated and 2/3 shall be paid to the county in which the

 

political subdivision is located. In districts of the third class,

 

all fines and costs, other than those imposed for the violation of

 

a penal law of this state or ordered in a civil infraction action

 

for the violation of a law of this state, shall be paid to the

 

political subdivision whose law was violated, except that where

 

fines and costs are assessed in a political subdivision other than

 

the political subdivision whose law was violated, 2/3 shall be paid

 

to the political subdivision where the guilty plea or civil

 

infraction admission was entered or where the trial or civil

 

infraction action hearing took place and the balance shall be paid

 

to the political subdivision whose law was violated.

 

     (d) In a district of the third class, if each political

 


subdivision within the district, by resolution of its governing

 

body, agrees to a distribution of fines and costs, other than fines

 

imposed for the violation of a penal law of this state or ordered

 

in a civil infraction action for the violation of a law of this

 

state, differently than as provided by this section, the

 

distribution of those fines and costs among the political

 

subdivisions of that district shall be as agreed to. An existing

 

agreement applicable to the distribution of fines and costs shall

 

apply with the same effect to the distribution of civil fines and

 

costs ordered in civil infraction actions.

 

     (e) A civil fine imposed upon a person for violation of a

 

provision of a code or an ordinance of a political subdivision of

 

this state regulating the operation of a commercial vehicle that

 

substantially corresponds to a provision of the Michigan vehicle

 

code, 1949 PA 300, MCL 257.1 to 257.923, shall be paid to the

 

county treasurer and allocated as follows:

 

     (i) Seventy percent to the political subdivision in which the

 

citation is issued.

 

     (ii) Thirty percent for library purposes as provided by law.

 

     (f) A civil fine imposed upon a person for violation of a

 

provision of a code or an ordinance regulating the operation of a

 

commercial vehicle adopted by a city, township, or village pursuant

 

to section 1 of 1956 PA 62, MCL 257.951, shall be paid to the

 

county treasurer and allocated as follows:

 

     (i) Seventy percent to the political subdivision in which the

 

citation is issued.

 

     (ii) Thirty percent for library purposes as provided by law.

 


     (2) In the fifty-second district, 30% of all fines and costs,

 

other than those imposed for the violation of a penal law of this

 

state or ordered in a civil infraction action for the violation of

 

a law of this state, shall be paid to the political subdivision

 

whose law was violated and 70% shall be paid to the county in which

 

the political subdivision is located. This subsection shall apply

 

only if the consolidation of the forty-fifth-b district with the

 

fifty-second district, as provided in section 8123, takes place

 

pursuant to section 8177.

 

     (3) As used in subsection (1)(e) and (f):

 

     (a) "Commercial vehicle" includes a motor vehicle used for the

 

transportation of passengers for hire or constructed or used for

 

transportation of goods, wares, or merchandise and a motor vehicle

 

designed and used for drawing other vehicles and not so constructed

 

as to carry any load on the vehicle independently or any part of

 

the weight of a vehicle or load so drawn.

 

     (b) "Operation" means being in actual physical control of a

 

vehicle regardless of whether the person is licensed under the

 

Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an

 

operator or chauffeur.

 

     (c) "Person" means every natural person, partnership,

 

association, or corporation and their legal successors.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.1045                                    

 

          of the 97th Legislature is enacted into law.