May 23, 2006, Introduced by Rep. Van Regenmorter 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. A late penalty may be waived by the court upon the request
of the person subject to the late penalty.
(2) The funding unit for a court may by ordinance or
resolution enable the court to assess compliance fees under this
subsection. If a penalty, a fee, or costs are not paid within 20
days after a late penalty is applied under subsection (1), a court
whose funding unit has adopted an enabling ordinance or resolution
under this subsection may assess a compliance fee of 20% of the
unpaid penalty, fee, or costs or $100.00, whichever is greater,
against the person subject to the penalty, fee, or costs to defray
the cost of compliance reinforcement.
(3) (2)
Within 30 days after receiving a late penalty or
compliance fee, 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.
(4) (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.
(b) (c)
For the district court, the district funding unit of
the district, as defined in section 8104.
(c) (d)
For a municipal court, the political unit where the
municipal court is located.