Bill Text: MI HB4921 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Traffic control: speed restrictions; speed limit enforcement mechanisms in school zones: provide for. Amends sec. 907 of 1949 PA 300 (MCL 257.907) & adds secs. 79g & 627c.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-07-19 - Bill Electronically Reproduced 07/18/2023 [HB4921 Detail]
Download: Michigan-2023-HB4921-Introduced.html
HOUSE BILL NO. 4921
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 907 (MCL 257.907), as amended by 2023 PA 40, and by adding sections 79g and 627c.
the people of the state of michigan enact:
Sec. 79g. "Speed detection system" means a portable or fixed automated system used to detect a vehicle's speed with radar or lidar and to capture a recorded image of the rear of a vehicle that exceeds the speed limit in force at the time of the violation.
Sec. 627c. (1) A speed detection system may be installed and used in a school zone by a county or local authority as follows:
(a) On a state highway or street with the permission of the state transportation department.
(b) On a highway or street under the jurisdiction of the county or local authority.
(2) A sign must be placed at the start of a school zone where a speed detection system is installed and used under this section indicating that the school zone is monitored by a speed detection system.
(3) Before a county or a local authority installs and uses a speed detection system for the first time, the county or local authority must first make a public announcement and conduct a public awareness campaign within its jurisdiction on the proposed use of the speed detection system for not less than 30 days before using the speed detection system. During the public awareness campaign, the speed detection system may be used to send a written warning to any individual who violates an applicable school zone speed limit as described in subsection (4).
(4) Except as otherwise provided in subsection (8), an individual who violates an applicable school zone speed limit described in section 627a by exceeding a posted school zone speed limit by 10 miles per hour or more, based on a recorded image produced by a speed detection system, is responsible for a civil infraction and must be ordered to pay a civil fine of $150.00.
(5) A sworn statement of a police officer, based on inspecting a recorded image produced by a speed detection system, is prima facie evidence of the facts contained in the recorded image. A recorded image indicating a violation must be available for inspection in any proceeding to adjudicate the responsibility for a violation of this section. A recorded image indicating a violation must be destroyed 90 days after final disposition of the citation.
(6) In a proceeding for a violation of this section, prima facie evidence that the vehicle described in the citation issued was operated in violation of this section, together with proof that the individual who was issued the citation was at the time of the violation the registered owner of the vehicle, creates a rebuttable presumption that the registered owner of the vehicle was the individual who committed the violation. The presumption is rebutted if the registered owner of the vehicle files an affidavit by regular mail with the clerk of the court stating that the registered owner was not the operator of the vehicle at the time of the alleged violation or testifies in open court under oath that the registered owner was not the operator of the vehicle at the time of the alleged violation and provides the name and address of the individual who was operating the vehicle at the time of the violation. The presumption also is rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen before the time of the alleged violation of this section, is presented before the appearance date established on the citation. For purposes of this subsection, the owner of a leased or rented vehicle shall provide the name and address of the individual to whom the vehicle was leased or rented at the time of the violation.
(7) Notwithstanding section 742, a citation for a violation based on a speed detection system may be executed by mailing by first-class mail a copy to the address of the registered owner of the vehicle as shown on the records of the secretary of state. If the summoned individual fails to appear on the date of return set out in the citation previously mailed by first-class mail under this subsection, a second copy must be sent by first-class mail. If the summoned individual fails to appear on either of the dates of return set out in the copies of the citation mailed under this subsection, the individual admits responsibility for the civil infraction and the civil fine may be enforced as provided in subsection (8) if a county or local authority adopts the procedures described in subsection (8), or as otherwise provided in this act.
(8) A county or local authority may by ordinance use an administrative hearing procedure as an alternative to the procedures under this act only for civil infractions under this section by appointing 1 or more individuals as hearing officers to conduct administrative hearings for individuals who contest a citation given under this section. The ordinance described in this subsection must include procedures for the administrative hearings, that must, except as otherwise provided in this subsection, be substantially similar to the procedures for a contested case under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. If the county or local authority appoints a hearing officer under this subsection, a citation given under this section by the county or local authority must include instructions for how the individual may contest the citation before a hearing officer. After the opportunity for a hearing, the hearing officer may issue a final administrative order requiring the individual to pay the civil fine and costs, or may dismiss the citation if there is insufficient evidence to support a finding of a violation of this section. An individual may appeal a final administrative order under this section to the district court, which shall conduct a de novo formal hearing under section 747. If an individual fails to pay the amount ordered under this subsection and fails to appeal the final administrative order, the individual is responsible for an additional $50.00 fee. The county or local authority may collect an amount owed under this section by contracting with a private debt collector or by seeking the entry of a judgment by the district court.
(9) A county or local authority may contract with a third party vendor to install and use a speed detection system under this section.
(10) Not later than 5 years after the effective date of the amendatory act that added this section, each county or local authority using a speed detection system under this section shall submit to the members of the house of representatives and senate committees with jurisdiction over transportation a report on the use of speed detection systems that includes, at a minimum, all of the following:
(a) The number of citations issued under this section.
(b) An accounting of both of the following relating to speed detection systems installed and used under this section:
(i) The costs of installing and using.
(ii) The amount of the civil fines collected.
(c) An analysis of the effect that the use of the speed detection system has had on the number of speeding vehicles in the jurisdiction of the county or local authority.
Sec. 907. (1) A violation of this act, or a local ordinance that substantially corresponds to a provision of this act, that is designated a civil infraction must not be considered a lesser included offense of a criminal offense.
(2) Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments but, unless permission is included in the order or judgment, the civil fine and costs must be are payable immediately. Except as otherwise provided, a person found responsible or responsible "with explanation" for a civil infraction must pay costs as provided in subsection (4) and 1 or more of the following civil fines, as applicable:
(a) Except as otherwise provided, for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act, the person shall must be ordered to pay a civil fine of not more than $100.00.
(b) If the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, an individual, or any other object, the civil fine ordered under this section is increased by $25.00 but the total civil fine must not be more than $100.00.
(c) For a violation of section 240, the civil fine ordered under this subsection is $15.00.
(d) For a violation of section 312a(4)(a), the civil fine ordered under this section must not be more than $250.00.
(e) For a first violation of section 319f(1), the civil fine ordered under this section must not be less than $2,500.00 or more than $2,750.00; for a second or subsequent violation, the civil fine must not be less than $5,000.00 or more than $5,500.00.
(f) For a violation of section 319g(1)(a), the civil fine ordered under this section must not be more than $10,000.00.
(g) For a violation of section 319g(1)(g), the civil fine ordered under this section must not be less than $2,750.00 or more than $25,000.00.
(h) For a violation of section 602b, the civil fine ordered under this section must be as follows:
(i) For a violation of section 602b(1), either of the following:
(A) If the violation does not involve an accident, $100.00 for a first offense and $250.00 for a second or subsequent offense.
(B) If the violation involves an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.
(ii) For a violation of section 602b(2), either of the following:
(A) If the violation does not involve an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.
(B) If the violation involves an accident, $400.00 for a first offense and $1,000.00 for a second or subsequent offense.
(i) For a violation of section 627c or a local ordinance that substantially corresponds to section 627c, the civil fine under this section must be $150.00.
(j) (i) For a violation of section 674(1)(s) or a local ordinance that substantially corresponds to section 674(1)(s), the civil fine ordered under this section must not be less than $100.00 or more than $250.00.
(k) (j) For a violation of section 676a(3), the civil fine ordered under this section must not be more than $10.00.
(l) (k) For a violation of section 676c, the civil fine ordered under this section is $1,000.00.
(m) (l) For a violation of section 682 or a local ordinance that substantially corresponds to section 682, the civil fine ordered under this section must not be less than $100.00 or more than $500.00.
(n) (m) For a violation of section 710d, the civil fine ordered under this section must not be more than $10.00, subject to subsection (11).
(o) (n) For a violation of section 710e, the civil fine and court costs ordered under this subsection must be $25.00.
(3) Except as provided in this section, if an individual is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act while driving a commercial motor vehicle, the individual must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3), the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Costs must not be ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) must not be waived unless costs ordered under this subsection are waived. Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.
(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4) and the justice system assessment ordered under subsection (12), the judge or district court magistrate may order the individual to attend and complete a program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.
(7) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.
(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation is not binding on the courts having jurisdiction over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout this state.
(9) If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.
(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or a justice system assessment ordered under subsection (12), or an installment of the fine, costs, or assessment, may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(11) The court may waive any civil fine, cost, or assessment against an individual who received a civil infraction citation for a violation of section 710d if the individual, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the requirements of section 710d.
(12) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. On payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is not a civil fine for purposes of section 909.
(13) If a person an individual has received a citation for a violation of section 223, the court shall waive any civil fine, costs, and assessment, on receipt of certification by a law enforcement agency that the person, individual, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of section 223 occurred.
(14) If a person has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance under section 328(2), the court may waive the fee described in section 328(3)(c) and shall waive any fine, costs, and any other fee or assessment otherwise authorized under this act on receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect at the time the violation of section 328(1) occurred. Insurance obtained subsequent to the time of the violation does not make the person eligible for a waiver under this subsection.
(15) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act and the civil infraction arises out of the ownership or operation of a commercial quadricycle, the person must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $500.00.
(16) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance that substantially corresponds to this act that involves the operation of a motor vehicle and for which a fine may be assessed.
