UNIVERSITY ORDINANCES: FINES S.B. 1196: COMMITTEE SUMMARY
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Senate Bill 1196 (as introduced 3-3-10)
Sponsor: Senator Alan L. Cropsey
Committee: Education


Date Completed: 6-24-10

CONTENT The bill would amend Public Act 291 of 1967 (which deals with traffic ordinances at State universities and colleges) to specify that if the governing board of a State university or college enacted an ordinance substantially corresponding to a provision of the Michigan Vehicle Code, a civil fine for that infraction could not exceed the maximum civil fine for the corresponding provision of the Code.

Public Act 291 authorizes the governing board of a State university or college to enact parking, traffic, and pedestrian ordinances for the control of its campus. The governing board must specify whether a particular violation is a misdemeanor or a civil infraction.


If a violation is designated a civil infraction, the governing board may establish civil sanctions for the infraction, although a civil fine generally may not exceed $25. If the governing board establishes civil sanctions for a violation of an ordinance that prohibits parking in a space reserved for use by persons with disabilities substantially corresponding to a section of the Michigan Vehicle Code, the board must establish a civil fine of at least $50 and not more than $100. The bill would delete these provisions.


Under the bill, if a civil infraction included in an ordinance enacted by the governing board of a State university or college substantially corresponded to a provision of the Michigan Vehicle Code, a civil fine established by the board for that infraction could not exceed the maximum civil fine for the corresponding provision of the Code described in Section 907 of that statute. (Section 907 is described below.)


MCL 390.892a

BACKGROUND


Section 907 of the Michigan Vehicle Code establishes civil fines for a person determined to be responsible for a civil infraction under the Code or a local ordinance substantially corresponding to a provision of the Code. The maximum fine is $100 except as otherwise provided for specific violations, or for a violation committed by a person driving a commercial motor vehicle (CMV). Beginning on October 1, 2010, if the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, any other object, or a person, the civil fine ordered under Section 907 must be increased by $25, but the total may not exceed $100.


For a violation involving a child restraint system, the maximum fine is $10. The fine for a violation of seat belt requirements is $25.



A violation of a permit to sell goods in a right-of-way is subject to a maximum fine of $10.


The fine for a transfer-of-title violation is $15, and the fine for vehicle abandonment is $50. The maximum fine for failure to provide proof of insurance is $50.


For parking in a space reserved for use by disabled individuals, except as allowed, Section 907 sets a minimum fine $100 and a maximum fine of $250.


Failure to stop for a school bus as required is subject to a minimum fine of $100 and a maximum fine of $500.


Beginning on July 1, 2010, a person who violates text-messaging prohibitions will be subject to a fine of $100 for a first offense, and $200 for a second or subsequent offense.

A person who is responsible for a civil infraction while driving a CMV generally is subject to a maximum fine of $250. Operating a CMV in violation of an out-of-service order is subject to minimum fine of $1,100 and a maximum fine of $2,750. The maximum fine is $10,000 for a CMV driver who violates railroad crossing laws, hazardous material regulations, or other specified motor carrier safety regulations.


An employer who allows or requires a driver to operate a CMV in violation of railroad crossing laws is subject to a maximum fine of $10,000. If an employer allows or requires a driver to operate a CMV in violation of Federal hazardous material transportation regulations, the minimum fine is $2,750 and the maximum fine is $11,000.

Legislative Analyst: Curtis Walker

FISCAL IMPACT
The bill would have no fiscal impact on State government but could affect revenue collected by State universities, community colleges, and local units of government. The bill would allow universities and colleges to increase civil fines, limited to the maximum civil fine for the substantially corresponding provision of the Michigan Vehicle Code. For example, currently the civil fine for violations of university and college ordinances related to parking in spaces reserved for use by persons with disabilities is not less than $50 or more than $100. The corresponding provision of the Michigan Vehicle Code provides for a civil fine from $100 to a maximum of $250.


To the extent that university and community college governing boards changed the civil fines they are currently charging for infractions, different levels of revenue could be collected. The bill also could affect revenue of local units of government, if it resulted in more citations being issued under ordinances instead of the Michigan Vehicle Code.

Fiscal Analyst: Bill Bowerman Ellen Jeffries

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1196/0910