HOUSE BILL No. 6257 November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs. A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 113 and 8511 (MCL 600.113 and 600.8511), as amended by 1996 PA 79. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 113. (1) As used in this act: 2 (a) "Civil infraction" means an act or omission that is pro- 3 hibited by a law and is not a crime under that law or that is 4 prohibited by an ordinance and is not a crime under that ordi- 5 nance, and for which civil sanctions may be ordered. Civil 6 infraction includes, but is not limited to, the following: 7 (i) A violation of the Michigan vehicle code,Act No. 3008of the Public Acts of 1949, being sections 257.1 to 257.923 of9the Michigan Compiled Laws1949 PA 300, MCL 257.1 TO 257.923, 10 designated as a civil infraction. 06130'98 u LBO 2 1 (ii) A violation of a city, township, or village ordinance 2 substantially corresponding to a provision ofAct No. 300 of the3Public Acts of 1949THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 4 257.1 TO 257.923, if the ordinance designates the violation as a 5 civil infraction. 6 (iii) A violation of an ordinance adopted pursuant toAct7No. 235 of the Public Acts of 1969, being sections 257.941 to8257.943 of the Michigan Compiled Laws1969 PA 235, MCL 257.941 9 TO 257.943. 10 (iv) A violation of a city, township, or village ordinance 11 adopting the uniform traffic code promulgated underAct No. 6212of the Public Acts of 1956, being sections 257.951 to 257.954 of13the Michigan Compiled Laws1956 PA 62, MCL 257.951 TO 257.954, 14 if the uniform traffic code designates the violation as a civil 15 infraction. 16 (v) A violation of an ordinance adopted by the governing 17 board of a state university or college pursuant toAct No. 29118of the Public Acts of 1967, being sections 390.891 to 390.893 of19the Michigan Compiled Laws1967 PA 291, MCL 390.891 TO 390.893, 20 if the ordinance designates the violation as a civil infraction. 21 (vi) A violation of regulations adopted by a county board of 22 commissioners pursuant toAct No. 58 of the Public Acts of 1945,23being section 46.201 of the Michigan Compiled Laws1945 PA 58, 24 MCL 46.201. 25 (vii) A municipal civil infraction. 26 (viii) A state civil infraction. 06130'98 u 3 1 (ix) A violation of the pupil transportation act,Act2No. 187 of the Public Acts of 1990, being sections 257.1801 to3257.1877 of the Michigan Compiled Laws1990 PA 187, MCL 257.1801 4 TO 257.1877, designated as a civil infraction. 5 (b) "Civil infraction action" means a civil action in which 6 the defendant is alleged to be responsible for a civil 7 infraction. 8 (c) "Municipal civil infraction" means a civil infraction 9 involving a violation of an ordinance. Municipal civil infrac- 10 tion includes, but is not limited to, a trailway municipal civil 11 infraction. Municipal civil infraction does not include a viola- 12 tion described in subdivision (a)(i) to (vi) or (ix) or any act 13 or omission that constitutes a crime under any of the following: 14 (i) Article 7 or section 17766a of the public health code, 15Act No. 368 of the Public Acts of 1978, being sections 333.710116to 333.7545 and 333.17766a of the Michigan Compiled Laws1978 PA 17 368, MCL 333.7101 TO 333.7545 AND 333.17766A. 18 (ii) The Michigan penal code,Act No. 328 of the Public19Acts of 1931, being sections 750.1 to 750.568 of the Michigan20Compiled Laws1931 PA 328, MCL 750.1 TO 750.568. 21 (iii)Act No. 300 of the Public Acts of 1949, being sec-22tions 257.1 to 257.923 of the Michigan Compiled LawsMICHIGAN 23 VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 24 (iv) The Michigan liquor controlact, Act No. 8 of the25Public Acts of the Extra Session of 1933, being sections 436.1 to26436.58 of the Michigan Compiled LawsCODE OF 1998, 1998 PA 58, 27 MCL 436.1101 TO 436.2303. 06130'98 u 4 1 (v) Part 801(marine safety)of the natural resources and 2 environmental protection act,Act No. 451 of the Public Acts of31994, being sections 324.80101 to 324.80199 of the Michigan4Compiled Laws1994 PA 451, MCL 324.80101 TO 324.80199. 5 (vi) The aeronautics code of the state of Michigan,Act6No. 327 of the Public Acts of 1945, being sections 259.1 to7259.208 of the Michigan Compiled Laws1945 PA 327, MCL 259.1 TO 8 259.208. 9 (vii) Part 821(snowmobiles) of Act No. 451 of the Public10Acts of 1994, being sections 324.82101 to 324.82159 of the11Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 12 TAL PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 13 (viii) Part 811(off-road recreation vehicles) of Act14No. 451 of the Public Acts of 1994, being sections 324.81101 to15324.81150 of the Michigan Compiled LawsOF THE NATURAL RESOURCES 16 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 17 324.81150. 18 (ix) The railroad code of 1993,Act No. 354 of the Public19Acts of 1993, being sections 462.101 to 462.451 of the Michigan20Compiled Laws1993 PA 354, MCL 462.101 TO 462.451. 21 (x) Any law of this state under which the act or omission is 22 punishable by imprisonment for more than 90 days. 23 (d) "Municipal civil infraction action" means a civil action 24 in which the defendant is alleged to be responsible for a munici- 25 pal civil infraction. Municipal civil infraction action 26 includes, but is not limited to, a trailway municipal civil 27 infraction action. 06130'98 u 5 1 (e) "State civil infraction" means a civil infraction 2 involving either of the following: 3 (i) A violation of state law that is designated by statute 4 as a state civil infraction. 5 (ii) A violation of a city, township, village, or county 6 ordinance that is designated by statute as a state civil 7 infraction. 8 (f) "State civil infraction action" means a civil action in 9 which the defendant is alleged to be responsible for a state 10 civil infraction. 11 (g) "Trailway municipal civil infraction" means a municipal 12 civil infraction involving the operation of a vehicle on a recre- 13 ational trailway at a time, in a place, or in a manner prohibited 14 by ordinance. 15 (h) "Trailway municipal civil infraction action" means a 16 civil infraction action in which the defendant is alleged to be 17 responsible for a trailway municipal civil infraction. 18 (2) Except as otherwise provided in this act: 19 (a) A civil infraction action involving a traffic or parking 20 violation is governed byAct No. 300 of the Public Acts of 194921 THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923. 22 (b) A municipal civil infraction action is governed by chap- 23 ter 87. 24 (c) A state civil infraction action is governed by chapter 25 88. 06130'98 u 6 1 (3) A determination that a defendant is responsible for a 2 civil infraction and thus subject to civil sanctions shall be by 3 a preponderance of the evidence. 4 Sec. 8511. A district court magistrate shall have the fol- 5 lowing jurisdiction and duties: 6 (a) To arraign and sentence upon pleas of guilty or nolo 7 contendere for violations of the following acts or parts of acts, 8 or a local ordinance substantially corresponding to these acts or 9 parts of acts, when authorized by the chief judge of the district 10 court and if the maximum permissible punishment does not exceed 11 90 days in jail or a fine, or both: 12 (i) Michigan vehicle code,Act No. 300 of the Public Acts13of 1949, being sections 257.1 to 257.923 of the Michigan Compiled14Laws1949 PA 300, MCL 257.1 TO 257.923, except for violations of 15 sections 625 and 625b ofAct No. 300 of the Public Acts of 1949,16being sections 257.625 and 257.625b of the Michigan Compiled17LawsTHE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625 AND 18 257.625B. However, the magistrate may have the jurisdiction to 19 arraign defendants and set bond with regard to violations of sec- 20 tions 625 and 625b ofAct No. 300 of the Public Acts of 194921 THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.625 AND 22 257.625B. 23 (ii) Part 487(sport fishing)of the natural resources and 24 environmental protection act,Act No. 451 of the Public Acts of251994, being sections 324.48701 to 324.48740 of the Michigan26Compiled Laws1994 PA 451, MCL 324.48701 TO 324.48740. 06130'98 u 7 1 (iii) Part 401(wildlife conservation) of Act No. 451 of2the Public Acts of 1994, being sections 324.40101 to 324.40119 of3the Michigan Compiled LawsOF THE NATURAL RESOURCES OF ENVIRON- 4 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.40101 TO 324.40119. 5 (iv) Part 801(marine safety) of Act No. 451 of the Public6Acts of 1994, being sections 324.80101 to 324.80199 of the7Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 8 TAL PROTECTION ACT, 1994 PA 451, MCL 324.80101 TO 324.80199. 9 (v) The motor carrier act,Act No. 254 of the Public Acts10of 1933, being sections 475.1 to 479.43 of the Michigan Compiled11Laws1933 PA 254, MCL 475.1 TO 479.43. 12 (vi) Motor carrier safety act of 1963,Act No. 181 of the13Public Acts of 1963, being sections 480.11 to 480.21 of the14Michigan Compiled Laws1963 PA 181, MCL 480.11 TO 480.22. 15 (vii) Part 821(snowmobiles) of Act No. 451 of the Public16Acts of 1994, being sections 324.82101 to 324.82159 of the17Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMEN- 18 TAL PROTECTION ACT, 1994 PA 451, MCL 324.82101 TO 324.82159. 19 (viii) Dog law of 1919,Act No. 339 of the Public Acts of201919, being sections 287.261 to 287.290 of the Michigan Compiled21Laws1919 PA 339, MCL 287.261 TO 287.290. 22 (ix) Section33a, 33b, or 34 of the Michigan liquor control23act, Act No. 8 of the Public Acts of the Extra Session of 1933,24being sections 436.33a, 436.33b, and 436.34 of the Michigan25Compiled Laws703 OR 915 OF THE MICHIGAN LIQUOR CONTROL CODE OF 26 1998, 1998 PA 58, MCL 436.1703 AND 436.1915. 06130'98 u 8 1 (x) Part 5(department of natural resources general powers2and duties) of Act No. 451 of the Public Acts of 1994, being3sections 324.501 to 324.511 of the Michigan Compiled LawsOF THE 4 NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, 5 MCL 324.501 TO 324.511. 6 (xi) Part 811(off-road recreation vehicles) of Act No. 4517of the Public Acts of 1994, being sections 324.81101 to 324.811508of the Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVI- 9 RONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.81101 TO 10 324.81150. 11 (xii) Part 89(littering) of Act No. 451 of the Public Acts12of 1994, being sections 324.8901 to 324.8907 of the Michigan13Compiled LawsOF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTEC- 14 TION ACT, 1994 PA 451, MCL 324.8901 TO 324.8907. 15 (xiii) Part 435(hunting and fishing licensing) of Act16No. 451 of the Public Acts of 1994, being sections 324.43501 to17324.43561 of the Michigan Compiled LawsOF THE NATURAL RESOURCES 18 AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.43501 TO 19 324.43561. 20 (xiv) Part 731(recreational trespass) of Act No. 451 of21the Public Acts of 1994, being sections 324.73101 to 324.73111 of22the Michigan Compiled LawsOF THE NATURAL RESOURCES AND ENVIRON- 23 MENTAL PROTECTION ACT, 1994 PA 451, MCL 324.73101 TO 324.73111. 24 (xv) Chapter LXXXV of the Michigan penal code,Act No. 32825of the Public Acts of 1931, being sections 750.546 to 750.552a of26the Michigan Compiled Laws1931 PA 328, MCL 750.546 TO 27 750.552B. 06130'98 u 9 1 (b) To issue warrants for the arrest of a person upon the 2 written authorization of the prosecuting or municipal attorney, 3 except written authorization shall not be required for a vehicle 4 law or ordinance violation within the jurisdiction of the magis- 5 trate if a police officer issued a traffic citation pursuant to 6 section 728 of the Michigan vehicle code,Act No. 300 of the7Public Acts of 1949, being section 257.728 of the Michigan8Compiled Laws1949 PA 300, MCL 257.728, and the defendant failed 9 to appear. 10 (c) To fix bail and accept bond in all cases. 11 (d) To issue search warrants, when authorized to do so by a 12 district court judge. 06130'98 u Final page. LBO