HB-4556, As Passed Senate, November 3, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 4556

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 675d (MCL 257.675d), as amended by 2008 PA 171.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 675d. (1) 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 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).

     (c) Parking within 15 feet of a fire hydrant in violation of

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, . The

program shall contain at least 40 hours of instruction of which not

less than 8 hours shall be in parking enforcement, conducted by

that law enforcement agency or the law enforcement agency for that

local unit of government or, if the local unit of government does

not have a law enforcement agency, by the county sheriff. A person

who successfully completes a program of training implemented

pursuant to under 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) As used in this section:

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

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

     (ii) A sheriff's department.

     (iii) The department of state police.

     (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.