1.29Minimum State Costs for Misdemeanor Traffic Offenses

“[W]hen fines and costs are assessed by a judge or district court magistrate, the defendant shall be ordered to pay costs of not less than $50.00 for each conviction for a misdemeanor or for any ordinance violation.” MCL 600.8381(4). See also MCL 769.1j(1)(b) (requiring the same minimum fee for misdemeanor convictions). The costs imposed under MCL 769.1j(1) constitute a tax, and this tax does not violate the separation of powers requirement under Const 1963, art 3, § 2 or the requirement of Const 1963, art 4, § 32 that “[e]very law which imposes, continues or revives a tax shall distinctly state the tax.” People v Shenoskey, 320 Mich App 80, 83-84 (2017) (applying the analysis of MCL 769.1k(1)(b)(iii) in People v Cameron, 319 Mich App 215 (2017) to MCL 769.1j(1)(a) because the statutes are “closely related[;]” MCL 769.1j(1)(a) addresses minimum costs in felony cases). Payment of the minimum state cost must be a condition of probation. MCL 771.3(1)(g). “The court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds, on the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good-faith effort to comply with the order.” MCR 6.425(D)(3)(a). MCR 6.425(D)(3) also addresses payment alternatives and offers guidance for determining manifest hardship. For a detailed discussion of MCR 6.425(D)(3), see the Michigan Judicial Institute’s Criminal Proceedings Benchbook Vol. 2, Chapter 8.