HOUSE BILL NO. 5726

May 14, 2024, Introduced by Reps. McFall, Fitzgerald and Liberati and referred to the Committee on Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 8379 and 8396 (MCL 600.8379 and 600.8396), section 8379 as amended by 2000 PA 93 and section 8396 as added by 1994 PA 12.

the people of the state of michigan enact:

Sec. 8379. (1) Fines and costs assessed in the district court shall must be paid to the clerk of the court who shall appropriate them as follows:

(a) A Except as provided in subsection (3), a fine imposed for the violation of a penal law of this state and a civil fine ordered in a civil infraction action for violation of a law of this state shall must be paid to the county treasurer and applied for library purposes as provided by law.

(b) In districts of the first and second class, costs imposed for the violation of a penal law of this state or ordered in a civil infraction action for the violation of a law of this state shall must be paid to the treasurer of the county in which the action was commenced. In districts of the third class, costs imposed for the violation of a penal law of this state or ordered in a civil infraction action for the violation of a law of this state shall must be paid to the treasurer of the political subdivision where the guilty plea or civil infraction admission was entered or where the trial or civil infraction action hearing took place.

(c) Except as provided for fines and costs in subsection (2) and for fines in subsection (3), in districts of the first and second class, 1/3 of all fines and costs, other than those imposed for the violation of a penal law of this state or ordered in a civil infraction action for the violation of a law of this state, shall must be paid to the political subdivision whose law was violated and 2/3 shall must be paid to the county in which the political subdivision is located. In Except as provided for fines under subsection (3), in districts of the third class, all fines and costs, other than those imposed for the violation of a penal law of this state or ordered in a civil infraction action for the violation of a law of this state, shall must be paid to the political subdivision whose law was violated, except that where fines and costs are assessed in a political subdivision other than the political subdivision whose law was violated, 2/3 shall must be paid to the political subdivision where the guilty plea or civil infraction admission was entered or where the trial or civil infraction action hearing took place and the balance shall must be paid to the political subdivision whose law was violated.

(d) In a district of the third class, if each political subdivision within the district, by resolution of its governing body, agrees to a distribution of fines and costs, other than fines imposed for the violation of a penal law of this state or ordered in a civil infraction action for the violation of a law of this state or for a violation as provided in subsection (3), differently than as provided by this section, the distribution of those fines and costs among the political subdivisions of that district shall must be as agreed to. An existing agreement applicable to the distribution of fines and costs shall must apply with the same effect to the distribution of civil fines and costs ordered in civil infraction actions.

(e) A Except as provided in subsection (3), a civil fine imposed upon on a person for violation of a provision of a code or an ordinance of a political subdivision of this state regulating the operation of a commercial vehicle that substantially corresponds to a provision of the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, shall must be paid to the county treasurer and allocated as follows:

(i) Seventy percent to the political subdivision in which the citation is issued.

(ii) Thirty percent for library purposes as provided by law.

(f) A Except as provided in subsection (3), a civil fine imposed upon on a person for violation of a provision of a code or an ordinance regulating the operation of a commercial vehicle adopted by a city, township, or village pursuant to under section 1 of 1956 PA 62, MCL 257.951, shall must be paid to the county treasurer and allocated as follows:

(i) Seventy percent to the political subdivision in which the citation is issued.

(ii) Thirty percent for library purposes as provided by law.

(2) In Except as provided in subsection (3), in the fifty-second district, 30% of all fines and costs, other than those imposed for the violation of a penal law of this state or ordered in a civil infraction action for the violation of a law of this state, shall must be paid to the political subdivision whose law was violated and 70% shall must be paid to the county in which the political subdivision is located. This subsection shall apply only applies if the consolidation of the forty-fifth-b district with the fifty-second district, as provided in section 8123, takes place pursuant to section 8177.

(3) A civil fine ordered in a civil infraction action for a violation of section 627c of the Michigan vehicle code, 1949 PA 300, MCL 257.627c, or an ordinance of a political subdivision that substantially corresponds to section 627c of the Michigan vehicle code, 1949 PA 300, MCL 257.627c, must be paid to the county treasurer or the county treasurer's designee and distributed as provided in section 909 of the Michigan vehicle code, 1949 PA 300, MCL 257.909.

(4) (3) As used in subsection (1)(e) and (f):

(a) "Commercial vehicle" includes a motor vehicle used for the transportation of passengers for hire or constructed or used for transportation of goods, wares, or merchandise and a motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load on the vehicle independently or any part of the weight of a vehicle or load so drawn.

(b) "Operation" means being in actual physical control of a vehicle regardless of whether the person is licensed under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, as an operator or chauffeur.

(c) "Person" means every natural person, partnership, association, or corporation and their legal successors.

Sec. 8396. A county, city, village, or township may by ordinance establish a municipal ordinance violations bureau to accept admissions of responsibility for municipal civil infractions and to collect and retain civil fines and costs pursuant to a schedule as prescribed by ordinance. The expense of operating a municipal ordinance violations bureau shall must be borne by the county, city, village, or township, and the personnel of the bureau shall must be county, city, village, or township employees. If the county, city, village, or township has an ordinance that substantially corresponds to section 627c of the Michigan vehicle code, 1949 PA 300, MCL 257.627c, a civil fine ordered for a violation of that ordinance must be paid to the county treasurer or the county treasurer's designee and distributed as provided in section 909 of the Michigan vehicle code, 1949 PA 300, MCL 257.909.

Enacting section 1. This amendatory act does not take effect unless House Bill No. 4921 of the 102nd Legislature is enacted into law.