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HB-4817, As Passed House, April 15, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4817

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 675d and 742 (MCL 257.675d and 257.742),

section 675d as amended by 2004 PA 49 and section 742 as amended by

2000 PA 268.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 675d. (1) A Except as provided in subsection (2), a law

enforcement agency or a local unit of government may implement and

administer a program to authorize and utilize persons other than

police officers as volunteers to issue citations ~~as described in~~

~~sections 742 and 743 for the violations described in section~~

~~674(1)(s), 674(1)(t), or 674(1)(aa) or a local ordinance~~

~~substantially corresponding to section 674(1)(s), 674(1)(t), or~~

~~674(1)(aa).~~ for the following violations:

(a) Parking on a sidewalk in violation of section 674(1)(a) or

a local ordinance substantially corresponding to section 674(1)(a).

(b) Parking in front of a public or private driveway in

violation of section 674(1)(b) or a local ordinance substantially

corresponding to section 674(1)(b).

section 674(1)(d) or a local ordinance substantially corresponding

to section 674(1)(d).

(d) Parking on a crosswalk in violation of section 674(1)(e)

or a local ordinance substantially corresponding to section

674(1)(e).

(e) Parking within 20 feet of a crosswalk or, if there is not

a crosswalk, within 15 feet of the intersection of property lines

at an intersection of highways, in violation of section 674(1)(f)

or a local ordinance substantially corresponding to section

674(1)(f).

(f) Parking at a place where an official sign prohibits

stopping or parking in violation of section 674(1)(n) or a local

ordinance substantially corresponding to section 674(1)(n). This

subdivision does not authorize a volunteer to issue a citation for

any other violation set forth in section 674 or a local ordinance

substantially corresponding to section 674.

(g) Parking in a space reserved for use by disabled persons in

violation of section 674(1)(s) or a local ordinance substantially

corresponding to section 674(1)(s).

(h) Parking in an access aisle or access lane immediately

adjacent to a space designated for parking by persons with

disabilities in violation of section 674(1)(t) or a local ordinance

substantially corresponding to section 674(1)(t).

(i) Parking in violation of an official sign restricting the

period of time for or manner of parking in violation of section

674(1)(w) or a local ordinance substantially corresponding to

section 674(1)(w). This subdivision does not authorize a volunteer

to issue a citation for any other violation set forth in section

674 or a local ordinance substantially corresponding to section

674.

(j) Parking in a space or in a manner that blocks access to a

fire lane in violation of section 674(1)(aa) or a local ordinance

substantially corresponding to section 674(1)(aa).

(2) Before authorizing and utilizing persons other than police

officers to issue citations, the law enforcement agency or local

unit of government shall implement a program to train the persons

to properly issue citations as provided in this section. A person

who successfully completes a program of training implemented

pursuant to this section may issue citations as provided in this

section as authorized by the law enforcement agency or local unit

of government. A law enforcement agency of a local unit of

government shall not implement or administer a program under this

section without the specific authorization of the governing body of

that local unit of government. A law enforcement agency shall not

implement or administer a program under this section that would

allow volunteers to issue citations under subsection (1)(a), (b),

(c), (d), (e), (f), or (i) for any violations for which the use of

volunteers is prohibited under a collective bargaining agreement

between that local unit of government and any law enforcement

officers of that local unit of government.

(3) ~~(2)~~ As used in this section:

(a) "Law enforcement agency" means a any of the following:

(i) A police agency of a city, village, or township. ~~; a~~

(ii) A sheriff's department. ~~; the~~

(iii) The department of state police. ~~; or any~~

(iv) Any other governmental law enforcement agency in this

state.

(b) "Local unit of government" means a state university or

college , or a county, city, village, or township.

Sec. 742. (1) A police officer who witnesses a person

violating this act or a local ordinance substantially corresponding

to this act, which violation is a civil infraction, may stop the

person, detain the person temporarily for purposes of making a

record of vehicle check, and prepare and subscribe, as soon as

possible and as completely as possible, an original and 3 copies of

a written citation, which shall be a notice to appear in court for

1 or more civil infractions. If a police officer of a village,

city, township, or county, or a police officer who is an authorized

agent of a county road commission, witnesses a person violating

this act or a local ordinance substantially corresponding to this

act within that village, city, township, or county and that

violation is a civil infraction, that police officer may pursue,

stop, and detain the person outside the village, city, township, or

county where the violation occurred for the purpose of exercising

the authority and performing the duties prescribed in this section

and section 749, as applicable.

(2) Any police officer, having reason to believe that the

load, weight, height, length, or width of a vehicle or load are in

violation of section 717, 719, 719a, 722, 724, 725, or 726 which

violation is a civil infraction, may require the driver of the

vehicle to stop, and the officer may investigate, weigh, or measure

the vehicle or load. If, after personally investigating, weighing,

or measuring the vehicle or load, the officer determines that the

load, weight, height, length, or width of the vehicle or load are

in violation of section 717, 719, 719a, 722, 724, 725, or 726, the

officer may temporarily detain the driver of the vehicle for

purposes of making a record or vehicle check and issue a citation

to the driver or owner of the vehicle as provided in those

sections.

(3) A police officer may issue a citation to a person who is a

driver of a motor vehicle involved in an accident when, based upon

personal investigation, the officer has reasonable cause to believe

that the person is responsible for a civil infraction in connection

with the accident. A police officer may issue a citation to a

person who is a driver of a motor vehicle when, based upon personal

investigation by the police officer of a complaint by someone who

witnessed the person violating this act or a local ordinance

substantially corresponding to this act, which violation is a civil

infraction, the officer has reasonable cause to believe that the

person is responsible for a civil infraction and if the prosecuting

attorney or attorney for the political subdivision approves in

writing the issuance of the citation.

(4) The form of a citation issued under subsection (1), (2),

or (3) shall be as prescribed in sections 727c and 743.

(5) The officer shall inform the person of the alleged civil

infraction or infractions and shall deliver the third copy of the

citation to the alleged offender.

(6) In a civil infraction action involving the parking or

standing of a motor vehicle, a copy of the citation ~~need~~ is not

required to be served personally upon the defendant but may be

served upon the registered owner by attaching the copy to the

vehicle. A city may authorize personnel other than a police officer

to issue and serve a citation for a violation of its ordinance

involving the parking or standing of a motor vehicle. A city may

authorize a person other than personnel or a police officer to

issue and serve a citation for ~~a violation of an ordinance~~

~~pertaining to parking for persons with disabilities or for certain~~

~~other violations involving the parking or standing of a motor~~

~~vehicle~~ parking violations described in section 675d if the city

has complied with the requirements of section 675d. State security

personnel receiving authorization under section 6c of 1935 PA 59,

MCL 28.6c, may issue and serve citations for violations involving

the parking or standing of vehicles on land owned by the state or

land of which the state is the lessee when authorized to do so by

the director of the department of state police.

(7) If a parking violation notice other than a citation is

attached to a motor vehicle, and if an admission of responsibility

is not made and the civil fine and costs, if any, prescribed by

ordinance for the violation are not paid at the parking violations

bureau, a citation may be filed with the court described in section

741(4) and a copy of the citation may be served by first-class mail

upon the registered owner of the vehicle at the owner's last known

address. A parking violation notice may be issued by a police

officer, including a limited duty officer, or other personnel duly

authorized by the city, village, township, college, or university

to issue such a notice under its ordinance. The citation filed with

the court pursuant to this subsection need not comply in all

particulars with sections 727c and 743 but shall consist of a sworn

complaint containing the allegations stated in the parking

violation notice and shall fairly inform the defendant how to

respond to the citation.

(8) A citation issued under subsection (6) or (7) for a

parking or standing violation shall be processed in the same manner

as a citation issued personally to a defendant ~~pursuant to~~ under

subsection (1) or (3).

(9) As used in subsection (7):

(a) "Parking violation notice" means a notice, other than a

citation, directing a person to appear at a parking violations

bureau in the city, village, or township in which, or of the

college or university for which, the notice is issued and to pay

the fine and costs, if any, prescribed by ordinance for the parking

or standing of a motor vehicle in violation of the ordinance.

(b) "Parking violations bureau" means a parking violations

bureau established pursuant to section 8395 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.8395, ~~the violations~~

~~bureau established within the traffic and ordinance division of the~~