PARKING ENFORCEMENT VOLUNTEERS

House Bill 4556 (Substitute H-1)

Sponsor:  Rep. Kevin Green

Committee:  Transportation

Complete to 2-16-10

A SUMMARY OF HOUSE BILL 4556 AS REPORTED FROM COMMITTEE

Under the Michigan Vehicle Code, local units of government or law enforcement agencies can administer programs that allow volunteers to enforce certain parking violations.  Before allowing these non-police volunteers to issue citations, the local unit or law enforcement agency must train the individuals, and the training program must contain at least 40 hours of instruction.  House Bill 4556 would amend the Vehicle Code to eliminate the 40-hour requirement, leaving the amount of instruction required open-ended, but would specify that at least eight hours of the instruction given to volunteers must be in parking enforcement.

MCL 257.675d

BACKGROUND INFORMATION:

When this provision was initiated it applied to parking in spaces reserved for people with disabilities (handicapper parking spaces).  It has been expanded over the years to apply to a wide range of parking violations.  These include:

o                   Parking in an access aisle or access lane immediately adjacent to a space designated for parking by persons with disabilities.

o                   Parking in violation of an official sign restricting the period of time for or manner of parking.

o                   Parking in a space or in a manner that blocks access to a fire lane.

o                   Parking on a sidewalk.

o                   Parking in front of a public or private driveway.

o                   Parking within 15 feet of a fire hydrant.

o                   Parking on a crosswalk.

o                   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.

o                   Parking at a place where an official sign prohibits stopping or parking.

o                   Parking in a space reserved for use by disabled persons.

The last seven of those violations were added by Public Act 171 of 2008 (House Bill 4817).

DISCUSSION:

Prior to the passage of PA 171 of 2008, the Michigan Vehicle Code required local units of government or local law enforcement agencies to provide training to parking enforcement volunteers but did not specify the minimum hours of training.  PA 171, through a Senate amendment to House Bill 4817, added a requirement of 40 hours.  Local officials say this requirement is excessive.  They say it is burdensome to local government, in time and dollars, and it discourages individuals from volunteering for the parking enforcement programs.  House Bill 4556 would eliminate the 40-hour requirement, leaving the number of hours of instruction open, but require a minimum of eight hours of instruction in parking enforcement.

FISCAL IMPACT:

Although local units would likely experience some cost savings, the amount of savings cannot be determined.

POSITIONS:

Representatives from the City of Wyoming and its Retired Senior Volunteer Patrol indicated support for the bill.  (2-16-10)

A representative of Ingham County and the Ingham County Sheriff testified in support of the bill.  (2-16-10)

The Michigan State Police indicated that it is neutral on the bill.  (2-16-10)

                                                                                           Legislative Analyst:   Chris Couch

                                                                                                  Fiscal Analyst:   Jan Wisniewski

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.