HOUSE BILL No. 4927 September 30, 1999, Introduced by Reps. Rick Johnson, Allen, Kelly, Jelinek, Julian, Middaugh, Garcia, Kukuk, Garza and Bovin and referred to the Committee on Transportation. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8379 (MCL 600.8379), as amended by 1990 PA 54. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 8379. (1) Fines and costs assessed in the district 2 court shall be paid to the clerk of the court who shall appropri- 3 ate them as follows: 4 (a) A fine imposed for the violation of a penal law of this 5 state and a civil fine ordered in a civil infraction action for 6 violation of a law of this state shall be paid to the county 7 treasurer and applied for library purposes as provided by law. 8 (b) In districts of the first and second class, costs 9 imposed for the violation of a penal law of this state or ordered 10 in a civil infraction action for the violation of a law of this 04529'99 * TJS 2 1 state shall be paid to the treasurer of the county in which the 2 action was commenced. In districts of the third class, costs 3 imposed for the violation of a penal law of this state or ordered 4 in a civil infraction action for the violation of a law of this 5 state shall be paid to the treasurer of the political subdivision 6 where the guilty plea or civil infraction admission was entered 7 or where the trial or civil infraction action hearing took 8 place. 9 (c) Except as provided in subsection (2), in districts of 10 the first and second class, 1/3 of all fines and costs, other 11 than those imposed for the violation of a penal law of this state 12 or ordered in a civil infraction action for the violation of a 13 law of this state, shall be paid to the political subdivision 14 whose law was violated and 2/3 shall be paid to the county in 15 which the political subdivision is located. In districts of the 16 third class, all fines and costs, other than those imposed for 17 the violation of a penal law of this state or ordered in a civil 18 infraction action for the violation of a law of this state, shall 19 be paid to the political subdivision whose law was violated, 20 except that where fines and costs are assessed in a political 21 subdivision other than the political subdivision whose law was 22 violated, 2/3 shall be paid to the political subdivision where 23 the guilty plea or civil infraction admission was entered or 24 where the trial or civil infraction action hearing took place and 25 the balance shall be paid to the political subdivision whose law 26 was violated. 04529'99 * 3 1 (d) In a district of the third class, if each political 2 subdivision within the district, by resolution of its governing 3 body, agrees to a distribution of fines and costs, other than 4 fines imposed for the violation of a penal law of this state or 5 ordered in a civil infraction action for the violation of a law 6 of this state, differently than as provided by this section, the 7 distribution of those fines and costs among the political subdi- 8 visions of that district shall be as agreed to. An existing 9 agreement applicable to the distribution of fines and costs shall 10 apply with the same effect to the distribution of civil fines and 11 costs ordered in civil infraction actions. 12 (E) A CIVIL FINE IMPOSED UPON A PERSON OPERATING A COMMER- 13 CIAL VEHICLE FOR VIOLATION OF A PROVISION OF A CODE OR AN ORDI- 14 NANCE OF A POLITICAL SUBDIVISION OF THIS STATE SUBSTANTIALLY COR- 15 RESPONDING TO A PROVISION OF THE MICHIGAN VEHICLE CODE, 1949 16 PA 300, MCL 257.1 TO 257.923, SHALL BE PAID TO THE COUNTY TREA- 17 SURER AND APPLIED FOR LIBRARY PURPOSES AS PROVIDED BY LAW. 18 (F) A CIVIL FINE IMPOSED UPON A PERSON OPERATING A COMMER- 19 CIAL VEHICLE FOR VIOLATION OF A PROVISION OF A CODE OR AN ORDI- 20 NANCE ADOPTED BY A CITY, TOWNSHIP, OR VILLAGE PURSUANT TO SECTION 21 1 OF 1956 PA 62, MCL 257.951, SHALL BE PAID TO THE COUNTY TREA- 22 SURER AND APPLIED FOR LIBRARY PURPOSES AS PROVIDED BY LAW. 23 (2) In the fifty-second district, 30% of all fines and 24 costs, other than those imposed for the violation of a penal law 25 of this state or ordered in a civil infraction action for the 26 violation of a law of this state, shall be paid to the political 27 subdivision whose law was violated and 70% shall be paid to the 04529'99 * 4 1 county in which the political subdivision is located. This 2 subsection shall apply only if the consolidation of the 3 forty-fifth-b district with the fifty-second district, as pro- 4 vided in section 8123, takes place pursuant to section 8177. 5 (3) AS USED IN SUBSECTION (1)(E) AND (F): 6 (A) "COMMERCIAL VEHICLE" INCLUDES A MOTOR VEHICLE USED FOR 7 THE TRANSPORTATION OF PASSENGERS FOR HIRE OR CONSTRUCTED OR USED 8 FOR TRANSPORTATION OF GOODS, WARES, OR MERCHANDISE AND A MOTOR 9 VEHICLE DESIGNED AND USED FOR DRAWING OTHER VEHICLES AND NOT SO 10 CONSTRUCTED AS TO CARRY ANY LOAD ON THE VEHICLE INDEPENDENTLY OR 11 ANY PART OF THE WEIGHT OF A VEHICLE OR LOAD SO DRAWN. 12 (B) "OPERATING" MEANS BEING IN ACTUAL PHYSICAL CONTROL OF A 13 VEHICLE REGARDLESS OF WHETHER THE PERSON IS LICENSED UNDER THE 14 MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, AS AN 15 OPERATOR OR CHAUFFEUR. 16 (C) "PERSON" MEANS EVERY NATURAL PERSON, PARTNERSHIP, ASSO- 17 CIATION, OR CORPORATION AND THEIR LEGAL SUCCESSORS. 18 Enacting section 1. This amendatory act does not take 19 effect unless all of the following bills of the 90th Legislature 20 are enacted into law: 21 (a) Senate Bill No. _____ or House Bill No. 4932 (request 22 no. 03641'99*). 23 (b) Senate Bill No. _____ or House Bill No. 4928 (request 24 no. 03652'99*). 25 (c) Senate Bill No. _____ or House Bill No. 4929 (request 26 no. 03653'99*). 04529'99 * 5 1 (d) Senate Bill No. _____ or House Bill No. 4931 (request 2 no. 04221'99*). 3 (e) Senate Bill No. _____ or House Bill No. 4930 (request 4 no. 04528'99*). 04529'99 * Final page. TJS