HOUSE BILL No. 4485 March 12, 1997, Introduced by Rep. Gubow and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 113, 8313, 8375, 8391, 8511, and 8512, (MCL 600.113, 600.8313, 600.8375, 600.8391, 600.8511, and 600.8512), sections 113 and 8511 as amended by 1996 PA 79 and sections 8313, 8375, and 8512 as amended by 1995 PA 54. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 113. (1) As used in this act: 2 (a) "Civil infraction" means an act or omission that is pro- 3 hibited by a law and is not a crime under that law or that is 4 prohibited by an ordinance and is not a crime under that ordi- 5 nance, and for which civil sanctions may be ordered. Civil 6 infraction includes, but is not limited to, the following: 7 (i) A violation of the Michigan vehicle code,Act No. 3008of the Public Acts of 1949, being sections 257.1 to 257.923 of00685'97 a ** JJG 2 1the Michigan Compiled Laws1949 PA 300, MCL 257.1 TO 257.923, 2 designated as a civil infraction. 3 (ii) A violation of a city, township, or village ordinance 4 substantially corresponding to a provision ofAct No. 300 of the5Public Acts of 1949THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 6 257.1 TO 257.923, if the ordinance designates the violation as a 7 civil infraction. 8 (iii) A violation of an ordinance adopted pursuant toAct9No. 235 of the Public Acts of 1969, being sections 257.941 to10257.943 of the Michigan Compiled Laws1969 PA 235, MCL 257.941 11 TO 257.943. 12 (iv) A violation of a city, township, or village ordinance 13 adopting the uniform traffic code promulgated underAct No. 6214of the Public Acts of 1956, being sections 257.951 to 257.954 of15the Michigan Compiled Laws1956 PA 62, MCL 257.951 TO 257.954, 16 if the uniform traffic code designates the violation as a civil 17 infraction. 18 (v) A violation of an ordinance adopted by the governing 19 board of a state university or college pursuant toAct No. 29120of the Public Acts of 1967, being sections 390.891 to 390.893 of21the Michigan Compiled Laws1967 PA 291, MCL 390.891 TO 390.893, 22 if the ordinance designates the violation as a civil infraction. 23 (vi) A violation of regulations adopted by a county board of 24 commissioners pursuant toAct No. 58 of the Public Acts of 1945,25being section 46.201 of the Michigan Compiled Laws1945 PA 58, 26 MCL 46.201. 00685'97 a ** 3 1 (vii) A municipal civil infraction. 2 (viii) A state civil infraction. 3 (ix) A violation of the pupil transportation act,Act4No. 187 of the Public Acts of 1990, being sections 257.1801 to5257.1877 of the Michigan Compiled Laws1990 PA 187, MCL 257.1801 6 TO 257.1877, designated as a civil infraction. 7 (b) "Civil infraction action" means a civil action in which 8 the defendant is alleged to be responsible for a civil 9 infraction. 10 (c) "Municipal civil infraction" means a civil infraction 11 involving a violation of an ordinance. Municipal civil infrac- 12 tion includes, but is not limited to, a trailway municipal civil 13 infraction. Municipal civil infraction does not include a viola- 14 tion described in subdivision (a)(i) to (vi) or (ix) or any act 15 or omission that constitutes a crime under any of the following: 16 (i) Article 7 or section 17766a of the public health code, 17Act No. 368 of the Public Acts of 1978, being sections 333.710118to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 PA 19 368, 333.7101 TO 333.7545 AND 333.17766A. 20 (ii) The Michigan penal code,Act No. 328 of the Public21Acts of 1931, being sections 750.1 to 750.568 of the Michigan22Compiled Laws1931 PA 328, MCL 750.1 TO 750.568. 23 (iii)Act No. 300 of the Public Acts of 1949, being sec-24tions 257.1 to 257.923 of the Michigan Compiled LawsTHE 25 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 26 (iv) The Michigan liquor control act,Act No. 8 of the27Public Acts of the Extra Session of 1933, being sections 436.1 to00685'97 a ** 4 1436.58 of the Michigan Compiled Laws1933 (EX SESS) PA 8, MCL 2 436.1 TO 436.58. 3 (v) Part 801 (marine safety) of the natural resources and 4 environmental protection act,Act No. 451 of the Public Acts of51994, being sections 324.80101 to 324.80199 of the Michigan6Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199. 7 (vi) The aeronautics code of the state of Michigan,Act8No. 327 of the Public Acts of 1945, being sections 259.1 to9259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 10 259.208. 11 (vii) Part 821 (snowmobiles) ofAct No. 451 of the Public12Acts of 1994, being sections 324.82101 to 324.82159 of the13Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL 14 PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 15 (viii) Part 811 (off-road recreation vehicles) ofAct16No. 451 of the Public Acts of 1994, being sections 324.81101 to17324.81150 of the Michigan Compiled LawsTHE NATURAL RESOURCES 18 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 19 324.81150. 20 (ix) The railroad code of 1993,Act No. 354 of the Public21Acts of 1993, being sections 462.101 to 462.451 of the Michigan22Compiled Laws1993 PA 354, MCL 462.101 TO 462.451. 23 (x) Any law of this state under which the act or omission is 24 punishable by imprisonment for more than 90 days. 25 (d) "Municipal civil infraction action" means a civil action 26 in which the defendant is alleged to be responsible for a 27 municipal civil infraction. Municipal civil infraction action 00685'97 a ** 5 1 includes, but is not limited to, a trailway municipal civil 2 infraction action. 3 (e) "State civil infraction" means a civil infraction 4 involving either of the following: 5 (i) A violation of state law that is designated by statute 6 as a state civil infraction. 7 (ii) A violation of a city, township, village, or county 8 ordinance that is designated by statute as a state civil 9 infraction. 10 (f) "State civil infraction action" means a civil action in 11 which the defendant is alleged to be responsible for a state 12 civil infraction. 13 (g) "Trailway municipal civil infraction" means a municipal 14 civil infraction involving the operation of a vehicle on a recre- 15 ational trailway at a time, in a place, or in a manner prohibited 16 by ordinance. 17 (h) "Trailway municipal civil infraction action" means a 18 civil infraction action in which the defendant is alleged to be 19 responsible for a trailway municipal civil infraction. 20 (2) Except as otherwise provided in this act: 21 (a) A civil infraction action involving a traffic or parking 22 violation is governed byAct No. 300 of the Public Acts of 194923 THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 24 (b) A municipal civil infraction action is governed by chap- 25 ter 87. 26 (c) A state civil infraction action is governed by chapter 27 88. 00685'97 a ** 6 1 (3) EXCEPT AS OTHERWISE PROVIDED IN THIS ACT, A CIVIL 2 INFRACTION ACTION INVOLVING A MARINE LAW VIOLATION IS GOVERNED BY 3 PART 801 (MARINE SAFETY) OF THE NATURAL RESOURCES AND ENVIRONMEN- 4 TAL PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199. 5 (4)(3)A determination that a defendant is responsible 6 for a civil infraction and thus subject to civil sanctions shall 7 be by a preponderance of the evidence. 8 Sec. 8313. A PROSECUTING ATTORNEY SHALL PROSECUTE A PERSON 9 FOR A violation of state criminal lawshall be prosecutedin 10 the district court.by the prosecuting attorney. A violation of11an ordinance of a political subdivision that is a misdemeanor or12that is not designated as a civil infraction shall be prosecuted13in the district court by the attorney for the political subdivi-14sion whose ordinance was violated.THE ATTORNEY FOR A POLITICAL 15 SUBDIVISION SHALL PROSECUTE A PERSON FOR A VIOLATION OF AN ORDI- 16 NANCE OF THAT POLITICAL SUBDIVISION IF THE VIOLATION IS A MISDE- 17 MEANOR OR IF THE VIOLATION IS NOT DESIGNATED A CIVIL INFRACTION. 18 If the violation is a civil infraction, the prosecuting attorney 19 or attorney for the political subdivisionshallIS REQUIRED TO 20 appear in court only inthoseA CONTESTED civil infraction 21actions that are contestedFORMAL HEARING before a judge of the 22 district court in a formal hearing as provided in any of the fol- 23 lowing, as applicable: 24 (a) Section 8721. 25 (b) Section 8821. 00685'97 a ** 7 1 (c) Section 747 of the Michigan vehicle code,Act No. 3002of the Public Acts of 1949, being section 257.747 of the Michigan3Compiled Laws1949 PA 300, MCL 257.747. 4 (D) SECTION 80198o (MARINE SAFETY) OF THE NATURAL RESOURCES 5 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.80198o. 6 Sec. 8375. The district court may assess the same costs as 7 are permitted in the circuit court. In civil infraction actions, 8 the district court may assess costs as provided in section 907 of 9 the Michigan vehicle code,Act No. 300 of the Public Acts of101949, being section 257.907 of the Michigan Compiled Laws1994 11 PA 300, MCL 257.907, section 8727,orsection 8827, OR SECTION 12 80198R (MARINE SAFETY) OF THE NATURAL RESOURCES AND ENVIRONMENTAL 13 PROTECTION ACT, 1994 PA 451, MCL 324.80198R, as applicable. A 14 district court magistrate may assess costs in an amount fixed by 15 rule of the district court. 16 Sec. 8391. (1) With the approval of the governing body of 17 a district control unit, the district court may establish within 18 the court a traffic bureau which may be administered by clerks or 19 other personnel of the district court to accept, as authorized by 20 the judges of the district, admissionsfor civil infractions21under Act No. 300 of the Public Acts of 1949, as amended, being22sections 257.1 to 257.923 of the Michigan Compiled Laws, or a23local ordinance corresponding thereto,and to collect civil 24 fines and costs as prescribed by the judges of the district.25 FOR THE FOLLOWING CIVIL INFRACTIONS: 00685'97 a ** 8 1 (A) CIVIL INFRACTIONS UNDER THE MICHIGAN VEHICLE CODE, 1949 2 PA 300, MCL 257.1 TO 257.923, OR A CORRESPONDING LOCAL 3 ORDINANCE. 4 (B) MARINE LAW CIVIL INFRACTIONS UNDER PART 801 (MARINE 5 SAFETY) OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION 6 ACT, 1994 PA 451, MCL 324.80101 TO 324.80199. 7 (2) Beginning August 1, 1979, a traffic bureau may also 8 acceptpleasA PLEA of guilty forsuchA trafficoffenses9asOFFENSE, authorized by the judges of the district, except for 10 violations of sections 625,625b,626, 626b, and 904 ofAct11No. 300 of the Public Acts of 1949, as amended, or a local ordi-12nance corresponding theretoTHE MICHIGAN VEHICLE CODE, 1949 PA 13 300, MCL 257.625, 257.626, 257.626B, AND 257.904, OR A CORRE- 14 SPONDING LOCAL ORDINANCE, and collect fines and costs as pre- 15 scribed by the judges of the district, if the offense occurred 16 before August 1, 1979 and if the maximum permissible punishment 17 for the offense at the time the offense was committed did not 18 exceed 90 days in jail or a fine of not more than $100.00, or 19 both.The20 (3) SUBJECT TO SUPREME COURT SUPERVISION, THE presiding 21 judge oftheA district,subject to the supervision of the22supreme court, shall haveHAS authority overtheTRAFFIC 23 BUREAU personnel and SHALL determine the location and number of 24 traffic bureau offices IN THAT DISTRICT. 25 (4) Appeals as of right may be taken from the traffic bureau 26 to the district court. Appeals shall be taken within 7 days 00685'97 a ** 9 1 after the entry of the civil infraction admission and shall be 2 heard de novo. 3 Sec. 8511. A district court magistrate shall have the fol- 4 lowing jurisdiction and duties: 5 (a) To arraign and sentence upon pleas of guilty or nolo 6 contendere for violations of the following acts or parts of acts, 7 or a local ordinance substantially corresponding to these acts or 8 parts of acts, when authorized by the chief judge of the district 9 court and if the maximum permissible punishment does not exceed 10 90 days in jail or a fine, or both: 11 (i) Michigan vehicle code,Act No. 300 of the Public Acts12of 1949, being sections 257.1 to 257.923 of the Michigan Compiled13Laws1949 PA 300, MCL 257.1 TO 257.923, except for violations of 14sections 625 and 625b of Act No. 300 of the Public Acts of 1949,15being sections 257.625 and 257.625b of the Michigan Compiled16LawsSECTION 625 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 17 257.625. However, the magistrate may have the jurisdiction to 18 arraign defendants and set bond with regard to violations of 19sections 625 and 625b of Act No. 300 of the Public Acts of 194920 SECTION 625 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 21 257.625. 22 (ii) Part 487 (sport fishing) of the natural resources and 23 environmental protection act,Act No. 451 of the Public Acts of241994, being sections 324.48701 to 324.48740 of the Michigan25Compiled Laws1994 PA 451, MCL 324.48701 TO 324.48740. 26 (iii) Part 401 (wildlife conservation) ofAct No. 451 of27the Public Acts of 1994, being sections 324.40101 to 324.40119 of00685'97 a ** 10 1the Michigan Compiled LawsTHE NATURAL RESOURCES AND 2 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.40101 TO 3 324.40119. 4 (iv) Part 801 (marine safety) ofAct No. 451 of the Public5Acts of 1994, being sections 324.80101 to 324.80199 of the6Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL 7 PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199, EXCEPT 8 FOR VIOLATIONS OF SECTION 80171(1) AND (3) OF PART 801 (MARINE 9 SAFETY) OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION 10 ACT, 1994 PA 451, MCL 324.80171. HOWEVER, THE MAGISTRATE MAY 11 HAVE JURISDICTION TO ARRAIGN DEFENDANTS AND SET BOND FOR VIOLA- 12 TIONS OF SECTION 80171(1) AND (3) OF PART 801 (MARINE SAFETY) OF 13 THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 14 451, MCL 324.80171. 15 (v) The motor carrier act,Act No. 254 of the Public Acts16of 1933, being sections 475.1 to 479.43 of the Michigan Compiled17Laws1933 PA 254, MCL 475.1 TO 479.43. 18 (vi) Motor carrier safety act of 1963,Act No. 181 of the19Public Acts of 1963, being sections 480.11 to 480.21 of the20Michigan Compiled Laws1963 PA 181, MCL 480.11 TO 480.21. 21 (vii) Part 821 (snowmobiles) ofAct No. 451 of the Public22Acts of 1994, being sections 324.82101 to 324.82159 of the23Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL 24 PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 25 (viii) Dog law of 1919,Act No. 339 of the Public Acts of261919, being sections 287.261 to 287.290 of the Michigan Compiled27Laws1919 PA 339, MCL 287.261 TO 287.290. 00685'97 a ** 11 1 (ix) Section 33a, 33b, or 34 of the Michigan liquor control 2 act,Act No. 8 of the Public Acts of the Extra Session of 1933,3being sections 436.33a, 436.33b, and 436.34 of the Michigan4Compiled Laws1933 EX SESS PA 8, MCL 436.33A, 436.33B, AND 5 436.34. 6 (x) Part 5 (department of natural resources general powers 7 and duties) ofAct No. 451 of the Public Acts of 1994, being8sections 324.501 to 324.511 of the Michigan Compiled LawsTHE 9 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, 10 MCL 324.501 TO 324.511. 11 (xi) Part 811 (off-road recreation vehicles) ofAct No. 45112of the Public Acts of 1994, being sections 324.81101 to 324.8115013of the Michigan Compiled LawsTHE NATURAL RESOURCES AND ENVIRON- 14 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 324.81150. 15 (xii) Part 89 (littering) ofAct No. 451 of the Public Acts16of 1994, being sections 324.8901 to 324.8907 of the Michigan17Compiled LawsTHE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION 18 ACT, 1994 PA 451, MCL 324.8901 TO 324.8907. 19 (xiii) Part 435 (hunting and fishing licensing) ofAct20No. 451 of the Public Acts of 1994, being sections 324.43501 to21324.43561 of the Michigan Compiled LawsTHE NATURAL RESOURCES 22 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.43501 TO 23 324.43561. 24 (xiv) Part 731 (recreational trespass) ofAct No. 451 of25the Public Acts of 1994, being sections 324.73101 to 324.73111 of26the Michigan Compiled LawsTHE NATURAL RESOURCES AND 00685'97 a ** 12 1 ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.73101 TO 2 324.73111. 3 (xv) Chapter LXXXV of the Michigan penal code,Act No. 3284of the Public Acts of 1931, being sections 750.546 to 750.552a of5the Michigan Compiled Laws1931 PA 328, MCL 750.546 TO 6 750.552A. 7 (b) To issue warrants for the arrest of a person upon the 8 written authorization of the prosecuting or municipal attorney, 9 except written authorization shall not be required for a vehicle 10 law or ordinance violation within the jurisdiction of the magis- 11 trate if a police officer issued a traffic citation pursuant to 12 section 728 of the Michigan vehicle code,Act No. 300 of the13Public Acts of 1949, being section 257.728 of the Michigan14Compiled Laws1949 PA 300, MCL 257.728, and the defendant failed 15 to appear. 16 (c) To fix bail and accept bond in all cases. 17 (d) To issue search warrants, when authorized to do so by a 18 district court judge. 19 Sec. 8512. (1) A district court magistrate may hear and 20 preside over civil infraction admissions and admissions with 21 explanation and conduct informal hearings in civil infraction 22 actions pursuant to section 746 of the Michigan vehicle code, 23Act No. 300 of the Public Acts of 1949, being section 257.746 of24the Michigan Compiled Laws1949 PA 300, MCL 257.746, section 25 8719,orsection 8819, OR SECTION 80198N OF THE NATURAL 26 RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 27 324.80198N, as applicable. In exercising the authority conferred 00685'97 a ** 13 1 by this subsection, the magistrate may administer oaths, examine 2 witnesses, and make findings of fact and conclusions of law. If 3 the defendant is determined to be responsible for a civil infrac- 4 tion, the magistrate may impose the civil sanctions authorized by 5 section 907 ofAct No. 300 of the Public Acts of 1949, being6section 257.907 of the Michigan Compiled LawsTHE MICHIGAN VEHI- 7 CLE CODE, 1949 PA 300, MCL 257.907, section 8727,orsection 8 8827, OR SECTION 80198R OF PART 801 (MARINE SAFETY) OF THE NATU- 9 RAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 10 324.80198R, as applicable. 11 (2) A district court magistrate shall not conduct an infor- 12 mal hearing in a civil infraction action involving a traffic or 13 parking violation governed byAct No. 300 of the Public Acts of141949, being sections 257.1 to 257.923 of the Michigan Compiled15LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 16 257.923, until he or she has successfully completed a special 17 training course in traffic law adjudication and sanctions.The18course shall be given periodically by the19 (3) A DISTRICT COURT MAGISTRATE SHALL NOT CONDUCT AN INFOR- 20 MAL HEARING IN A MARINE LAW CIVIL INFRACTION ACTION UNTIL HE OR 21 SHE HAS SUCCESSFULLY COMPLETED A SPECIAL TRAINING COURSE IN 22 MARINE LAW ADJUDICATIONS AND SANCTIONS. THE state court 23 administrator SHALL PERIODICALLY PROVIDE A SPECIAL TRAINING 24 COURSE IN TRAFFIC AND MARINE LAW ADJUDICATIONS AND SANCTIONS FOR 25 DISTRICT COURT MAGISTRATES. 26 (4)(3)A district court magistrate may exercise the 27 authority conferred by this section only to the extent expressly 00685'97 a ** 14 1 authorized by the chief judge, presiding judge, or only judge of 2 the district court district. 3 Enacting section 1. This amendatory act takes effect April 4 1, 1999. 5 Enacting section 2. This amendatory act does not take 6 effect unless all of the following bills of the 89th Legislature 7 are enacted into law: 8 (a) Senate Bill No. ________ or House Bill No. ________ 9 (request no. 00685'97 **). 10 (b) Senate Bill No. ________ or House Bill No. ________ 11 (request no. 00685'97 b ***). 12 (c) Senate Bill No. ________ or House Bill No. ________ 13 (request no. 00685'97 c **). 14 (d) Senate Bill No. ________ or House Bill No. ________ 15 (request no. 00685'97 d **). 16 (e) Senate Bill No. ________ or House Bill No. ________ 17 (request no. 00685'97 e **). 18 (f) Senate Bill No. ________ or House Bill No. ________ 19 (request no. 00685'97 f **). 20 (g) Senate Bill No. ________ or House Bill No. ________ 21 (request no. 00685'97 g **). 22 (h) Senate Bill No. ________ or House Bill No. ________ 23 (request no. 00685'97 h **). 00685'97 a ** Final page. JJG