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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6220

April 17, 1984

MUNICIPAL COURT CLERKS:

Duty to collect and transmit state treasury assessments levied for civil infraction determinations

MUNICIPAL COURTS:

Judge--duty to levy assessment for certain civil infraction determinations

1949 PA 300, Sec. 907(13), imposes a duty upon a municipal court judge to levy an assessment for certain civil infraction determinations and the municipal court clerk is required to transmit to the state treasury assessments paid to the municipal court.

Mr. Robert H. Naftaly

Director

Department of Management and Budget

Lewis Cass Building

Lansing, Michigan

You have requested my opinion regarding the Michigan Vehicle Code, 1949 PA 300, as amended; MCLA 257.1 et seq; MSA 9.1801 et seq, and the effect of an amendment contained in 1982 PA 301 which added subsection (13) to 1949 PA 300, Sec. 907, to read:

'In addition to any fines and costs ordered to be paid under this section, the judge, district court referee, or district court magistrate shall levy an assessment of $5.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. Upon payment of the assessment, the clerk of the court shall transmit the assessment levied to the state treasury to be deposited into the Michigan justice training fund. An assessment levied under this subsection shall not be considered a civil fine for purposes of section 909. An assessment shall not be levied on the basis of a civil infraction citation issued more than 5 years after the effective date of this subsection.'

You have asked if said section applies to municipal courts as well. Specifically, you ask:

'1. Are municipal courts required to collect $5.00 assessments for specified civil infraction determinations under the provisions of Act 301 of 1982?

'2. Are municipal courts required to transmit $5.00 assessments collected on specified civil infraction determinations to the state treasury?'

The state has not been fully integrated into a district court system and there remains a number of municipal courts which continue to hear cases that normally would be heard in a district court.

1949 PA 300, supra, Sec. 741(2), as added by 1978 PA 510, gives municipal courts of the state jurisdiction over civil infractions under said Act:

'(2) The following court shall have jurisdiction over civil infraction actions:

'(a) The district court.

'(b) The recorder's court of the city of Detroit--traffic and ordinance division.

'(c) Any municipal court.' (Emphasis added.)

In addition, 1949 PA 300, Sec. 907(6), supra, states, in pertinent part:

'Each district of the district court, and each municipal court may establish a schedule of civil fines and costs to be imposed for civil infractions which occur within the respective district or city.'

The Legislature added section 907 to the Michigan Vehicle Code by means of 1978 PA 510. As originally enacted, subsection (6) expressly referred to the Recorder's Court of the City of Detroit, traffic and ordinance division, the district courts and 'each municipal court.' Reference was made to the authority of the 'judge, referee or district court magistrate' in subsection (2). In subsections (3) and (4), the Legislature referred to the 'judge, referee or magistrate' without expressly designating the court in which any of the judicial officers served. Thus, as initially enacted, 1949 PA 300, Sec. 907, supra, applied to municipal courts.

Amendatory 1982 PA 301 not only added subsection (13) to 1949 PA 300, Sec. 907, supra, but also amended subsections (3) and (4) to add the words 'district court' before the word 'referee' and 'magistrate' in each subsection. The reference to 'district court referee' and 'district court magistrate' in subsection 13 conforms to those in subsections (3) and (4). Amendatory 1982 PA 301 also reenacted subsection (6) without any change as to the authority of the municipal court. Nowhere in amendatory 1982 PA 301 is there any indication that municipal court judges would be exempt from 1949 PA 300, Sec. 907(13) supra. Thus, the legislative intent is manifest that municipal court judges and municipal court clerks are included within and subject to 1949 PA 300, Sec. 907(13), supra.

It is my opinion, in answer to your questions, that 1949 PA 300, Sec. 907(13), supra, requires a municipal court judge to levy the assessment of $5.00 for certain civil infraction determinations and the municipal court clerk must transmit to the state treasury the assessments paid to the municipal court.

Frank J. Kelley

Attorney General

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