Bill Text: MI HB6506 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Civil procedure; civil actions; state civil infractions for violating of prohibition on providing plastic straws; authorize DEQ, MDARD, and local health officers to issue citations for. Amends sec. 8801 of 1961 PA 236 (MCL 600.8801). TIE BAR WITH: HB 6505'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-11-28 - Bill Electronically Reproduced 11/27/2018 [HB6506 Detail]

Download: Michigan-2017-HB6506-Introduced.html

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HOUSE BILL No. 6506

 

 

November 27, 2018, Introduced by Rep. Cochran and referred to the Committee on Commerce and Trade.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 8801 (MCL 600.8801), as amended by 2005 PA 51.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8801. (1) This chapter applies only to a state civil

 

infraction action involving a violation of state law that is

 

designated as a state civil infraction.

 

     (2) This chapter does not apply to a civil infraction action

 

involving a traffic or parking violation.

 

     (3) As used in this chapter:

 

     (a) "Citation" means a written complaint or notice to appear

 

in court upon which a law enforcement officer records the

 

occurrence or existence of 1 or more state civil infractions by the

 

person cited.

     (b) "Civil infraction determination" means a determination

 

that a defendant is responsible for a state civil infraction by 1

 

of the following:

 

     (i) An admission of responsibility for the state civil

 

infraction.

 

     (ii) An admission of responsibility for the state civil

 

infraction, "with explanation".

 

     (iii) A preponderance of the evidence at an informal hearing

 

or formal hearing on the question under section 8819 or 8821,

 

respectively.

 

     (iv) A default judgment, for failing to appear as directed by

 

a citation or other notice, at a scheduled appearance under section

 

8815(3)(b) or (4), at an informal hearing under section 8819, or at

 

a formal hearing under section 8821.

 

     (c) "Law enforcement officer" means any of the following:

 

     (i) A sheriff or deputy sheriff.

 

     (ii) An officer of the police department of a city, village,

 

or township, or the marshal of a city, village, or township.

 

     (iii) An officer of the Michigan state police.

 

     (iv) A conservation officer.

 

     (v) A security employee employed by the state pursuant to

 

section 6c of 1935 PA 59, MCL 28.6c.

 

     (vi) A motor carrier officer appointed pursuant to section 6d

 

of 1935 PA 59, MCL 28.6d.

 

     (vii) A public safety officer employed by a university as

 

authorized by either of the following:

 

     (A) 1965 PA 278, MCL 390.711 to 390.717.

     (B) 1990 PA 120, MCL 390.1511 to 390.1514.

 

     (viii) If authorized by the governing body of a political

 

subdivision, a constable of the political subdivision.

 

     (ix) A park and recreation officer commissioned pursuant to

 

section 1606 of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.1606.

 

     (x) A state forest officer commissioned pursuant to section

 

83107 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.83107.

 

     (xi) An officer, employee, or agent of the department of

 

environmental quality or department of agriculture and rural

 

development enforcing section 16304 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.16304, pursuant

 

to authority granted by the director of the respective department,

 

or a local health officer, as defined in section 1105 of the public

 

health code, 1978 PA 368, MCL 333.1105, enforcing section 16304 of

 

the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.16304.

 

     (xii) (xi) An officer, employee, or agent of the department of

 

agriculture and rural development enforcing, pursuant to authority

 

granted by the director of agriculture, that department, a statute

 

administered, a rule promulgated, or an order issued by the

 

department of agriculture and rural development or the director of

 

agriculture.that department.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

unless Senate Bill No.____ or House Bill No. 6505 (request no.

 

06757'18) of the 99th Legislature is enacted into law.