SB-0234, As Passed House, March 15, 2005
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 234
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 676a and 907 (MCL 257.676a and 257.907),
section 676a as amended by 1999 PA 46 and section 907 as amended by
2004 PA 493.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 676a. (1) Except as otherwise provided in this section, a
person, firm, or corporation who sells or offers for sale, or
displays or attempts to display for sale, goods, wares, produce,
fruit, vegetables, or merchandise within the right-of-way of a
highway outside of the corporate limits of a city or village, or
within the right-of-way of a state trunk line highway, is
responsible for a civil infraction.
(2) The state transportation department may issue a permit to
a person, firm, or corporation to conduct activities described in
subsection (1) if the permitted activities do not create an unsafe
situation and do not interfere with transportation along the state
trunk line highway. As a condition of issuing a permit under this
subsection, the state transportation department shall require the
municipality having jurisdiction over the site to pass a resolution
authorizing the activities described in subsection (1) and may
require that the municipality having jurisdiction over the site of
the permitted activities agree to enforce compliance with the
permit. The issuance of a permit under this subsection does not
confer any property right. The state transportation department may
charge a fee for issuing a permit under this subsection in an
amount not greater than the administrative cost of issuing the
permit.
(3) A holder of a permit issued under subsection (2) that
conducts activities in violation of that permit is responsible for
a civil infraction. Each day during which the permit holder
conducts activities in violation of the permit is a separate
violation. The state transportation department may limit or revoke
a permit issued under subsection (2) if the permit holder conducts
activities that create an unsafe situation or interfere with
transportation along the state trunk line highway, or if the permit
holder is in violation of the conditions of the permit.
(4) (2)
This section does not interfere with a permanently
established business that, as of September 27, 1957, was located on
or partially on private property or grant to the owner of that
business additional rights or authority that the owner did not
possess on September 27, 1957, or diminish the legal rights or
duties of the authority having jurisdiction of the right-of-way.
(5) (3)
In conjunction with the exemption granted by federal
law
from the restrictions contained in
section 111 of title 23 of
the
United States Code, 23 U.S.C. USC
111, and described in the
"manual on uniform traffic control devices for streets and
highways", U.S. department of transportation and federal highway
administration, part 2g (LOGOS), this section does not prohibit the
use of a facility located in part on the right-of-way of I-94 in
the vicinity of the interchange of I-94 and I-69 business loop/I-94
business loop for the sale of only those articles which are for
export and consumption outside the United States.
(6) (4)
This section does not prohibit the use of logo
signage within the right-of-way of limited access highways. For
purposes of this subsection, "logo signage" means a sign containing
the trademark or other symbol that identifies a business in a
manner and at locations approved by the state transportation
department. The state transportation department may enter into
agreements to allow logo signage, and any revenue received by the
state transportation department under this subsection shall be
deposited into the state trunk line fund established under section
11 of 1951 PA 51, MCL 247.661.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined pursuant to sections 741 to 750
to be responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
for a violation of section 674(1)(s) or a local ordinance
substantially corresponding to section 674(1)(s), the person shall
be ordered to pay costs as provided in subsection (4) and a civil
fine of not less than $100.00 or more than $250.00. For a violation
of section 328, the civil fine ordered under this subsection shall
be not more than $50.00. For a violation of section 710d, the civil
fine ordered under this subsection shall not exceed $10.00. For a
violation of section 710e, the civil fine and court costs ordered
under this subsection shall be $25.00. For a violation of section
682 or a local ordinance substantially corresponding to section
682, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not less than $100.00 or more
than $500.00. For a violation of section 240, the civil fine
ordered under this subsection shall be $15.00. For a violation of
section 252a(1), the civil fine ordered under this subsection shall
be $50.00. For a violation of section 676a(3), the civil fine
ordered under this section shall be not more than $10.00.
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 shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00. If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under section
319g or a local ordinance substantially corresponding to section
319g, that person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not more than $10,000.00.
(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 shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall 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 (14), the judge or district
court magistrate may order the person 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
shall 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 upon 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 the 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 upon 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 (14), 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) If a person fails to comply with an order or judgment
issued pursuant to this section within the time prescribed by the
court, the driver's license of that person shall be suspended
pursuant to section 321a until full compliance with that order or
judgment occurs. In addition to this suspension, the court may also
proceed under section 908.
(12) The court shall waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, 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.
(13) Until October 1, 2003, in addition to any civil fines and
costs ordered to be paid under this section, the judge or district
court magistrate shall levy an assessment of $5.00 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. An assessment paid before October 1, 2003 shall be
transmitted by the clerk of the court to the state treasurer to be
deposited into the Michigan justice training fund. An assessment
ordered before October 1, 2003 but collected on or after October 1,
2003 shall be transmitted by the clerk of the court to the state
treasurer for deposit in 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.
(14) Effective October 1, 2003, 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. Upon
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.
(15) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(16) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
pursuant to 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 upon 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.