Bill Text: MI HB5628 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Vehicles; automobiles; operation without insurance; allow, and amend vehicle code to reflect repeal of no-fault act. Amends secs. 226, 227, 304, 323, 518b, 657a, 665, 665b, 732, 732a, 732b, 801e & 907 of 1949 PA 300 (MCL 257.226 et seq.) & repeals secs. 227a & 328 of 1949 PA 300 (MCL 257.227a & 257.328). TIE BAR WITH: HB 5627'18, HB 5629'18, HB 5630'18, HB 5631'18, HB 5632'18, HB 5633'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-27 - Bill Electronically Reproduced 02/22/2018 [HB5628 Detail]

Download: Michigan-2017-HB5628-Introduced.html

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HOUSE BILL No. 5628

 

 

February 22, 2018, Introduced by Reps. Marino, Chirkun, Dianda, Green, LaFave and Lucido and referred to the Committee on Insurance.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 226, 227, 304, 323, 518b, 657a, 665, 665b,

 

732, 732a, 732b, 801e, and 907 (MCL 257.226, 257.227, 257.304,

 

257.323, 257.518b, 257.657a, 257.665, 257.665b, 257.732, 257.732a,

 

257.732b, 257.801e, and 257.907), section 226 as amended by 2016 PA

 

425, section 227 as amended by 2011 PA 92, section 304 as amended

 

by 2017 PA 162, section 323 as amended by 2016 PA 117, section 518b

 

as added by 2016 PA 348, section 657a as added by 2014 PA 491,

 

section 665 as amended by 2016 PA 332, section 665b as added by

 

2016 PA 333, section 732 as amended by 2017 PA 160, section 732a as

 

amended by 2016 PA 32, section 732b as added by 2014 PA 283,

 

section 801e as amended by 1983 PA 91, and section 907 as amended

 

by 2015 PA 126; and to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 226. (1) A vehicle registration issued by the secretary

 

of state expires on the owner's birthday, unless another expiration

 

date is provided for under this act or unless the registration is

 

for the following vehicles, in which case registration expires on

 

the last day of February:

 

     (a) A commercial vehicle except for a commercial vehicle

 

issued a registration under the international registration plan or

 

a pickup truck or van owned by an individual.

 

     (b) Except for a trailer or semitrailer issued a registration

 

under the international registration plan, a trailer or semitrailer

 

owned by a business, corporation, or person other than an

 

individual; or a pole trailer.

 

     (2) The expiration date for a registration issued for a

 

motorcycle is the motorcycle owner's birthday.

 

     (3) The expiration date for a registration bearing the letters

 

"SEN" or "REP" is February 1.

 

     (4) In the case of a vehicle owned by a business, corporation,

 

or an owner other than an individual, the secretary of state may

 

assign or reassign the expiration date of the registration.

 

     (5) The secretary of state shall do all of the following:

 

     (a) After the October 1 immediately preceding the year

 

designated on the registration, issue a registration upon

 

application and payment of the proper fee for a commercial vehicle,

 

other than a pickup or van owned by an individual; or a trailer

 

owned by a business, corporation, or person other than an

 

individual.

 

     (b) Beginning 60 days before the expiration date assigned on

an international registration plan registration plate, issue a

 

registration under section 801g upon application and payment of the

 

proper apportioned fee for a commercial vehicle engaged in

 

interstate commerce.

 

     (c) Beginning 45 days before the owner's birthday and 120 days

 

before the expiration date assigned by the secretary of state,

 

issue a registration for a vehicle other than those designated in

 

subsection (1)(a) or (b). However, if an owner whose registration

 

period begins 45 days before his or her birthday will be out of the

 

state during the 45 days immediately preceding expiration of a

 

registration or for other good cause shown cannot apply for a

 

renewal registration within the 45-day period, application for a

 

renewal registration may be made not more than 6 months before

 

expiration.

 

     (6) Except as otherwise provided in this subsection, the

 

secretary of state, upon application and payment of the proper fee,

 

shall issue a registration for a vehicle or a motorcycle to a

 

resident that shall expire on the owner's birthday. If the owner's

 

next birthday is at least 6 months but not more than 12 months in

 

the future, the owner shall receive a registration valid until the

 

owner's next birthday. If the owner's next birthday is less than 6

 

months in the future, the owner shall receive a registration valid

 

until the owner's birthday following the owner's next birthday. The

 

tax required under this act for a registration described in this

 

subsection shall be either of the following:

 

     (a) For an original registration, the tax shall bear the same

 

relationship to the tax required under section 801 for a 12-month

registration as the length of the registration bears to 12 months.

 

     (b) For a renewal of a registration, either of the following:

 

     (i) For a registration that is for at least 6 months but not

 

more than 12 months, the same amount as for 12 months.

 

     (ii) For a renewal of a registration that is for more than 12

 

months, 2 times the amount for 12 months.

 

     Partial months shall be considered as whole months in the

 

calculation of the required tax and in the determination of the

 

length of time between the application for a registration and the

 

owner's next birthday. The tax required for that registration shall

 

be rounded off to whole dollars as provided in section 801.

 

     (7) A certificate of title shall remain valid until canceled

 

by the secretary of state for cause or upon a transfer of an

 

interest shown on the certificate of title.

 

     (8) The secretary of state, upon request, shall issue special

 

registration for commercial vehicles, valid for 6 months after the

 

date of issue, if the full registration fee exceeds $50.00, on the

 

payment of 1/2 the full registration fee and a service charge as

 

enumerated in section 802(1).

 

     (9) The secretary of state may issue a special registration

 

for each of the following:

 

     (a) A new vehicle purchased or leased outside of this state

 

and delivered in this state to the purchaser or lessee by the

 

manufacturer of that vehicle for removal to a place outside of this

 

state, if a certification is made that the vehicle will be

 

primarily used, stored, and registered outside of this state and

 

will not be returned to this state by the purchaser or lessee for

use or storage.

 

     (b) A vehicle purchased or leased in this state and delivered

 

to the purchaser or lessee by a dealer or by the owner of the

 

vehicle for removal to a place outside of this state, if a

 

certification is made that the vehicle will be primarily used,

 

stored, and registered outside of this state and will not be

 

returned to this state by the purchaser or lessee for use or

 

storage.

 

     (10) A special registration issued under subsection (9) is

 

valid for not more than 30 days after the date of issuance, and a

 

fee shall be collected for each special registration as provided in

 

section 802(3). The special registration may be in the form

 

determined by the secretary of state. If a dealer makes a retail

 

sale or lease of a vehicle to a purchaser or lessee who is

 

qualified and eligible to obtain a special registration, the dealer

 

shall apply for the special registration for the purchaser or

 

lessee. If a person other than a dealer sells or leases a vehicle

 

to a purchaser or lessee who is qualified and eligible to obtain a

 

special registration, the purchaser or lessee shall appear in

 

person, or by a person exercising the purchaser's or lessee's power

 

of attorney, at an office of the secretary of state and furnish a

 

certification that the person is the bona fide purchaser or lessee

 

or that the person has granted the power of attorney, together with

 

other forms required for the issuance of the special registration.

 

and provide the secretary of state with proof that the vehicle is

 

covered by a Michigan no-fault insurance policy issued pursuant to

 

section 3101 of the insurance code of 1956, 1956 PA 218, MCL

500.3101, or proof that the vehicle is covered by a policy of

 

insurance issued by an insurer pursuant to section 3163 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3163. The

 

certification required in this subsection shall contain all of the

 

following:

 

     (a) The address of the purchaser or lessee.

 

     (b) A statement that the vehicle is purchased or leased for

 

registration outside of this state.

 

     (c) A statement that the vehicle shall be primarily used,

 

stored, and registered outside of this state.

 

     (d) The name of the jurisdiction in which the vehicle is to be

 

registered.

 

     (e) Other information requested by the secretary of state.

 

     (11) In the case of a commercial vehicle, trailer, or

 

semitrailer issued a registration under the international

 

registration plan, the secretary of state in mutual agreement with

 

the owner may assign or reassign the expiration date of the

 

registration. However, the expiration date agreed to shall be

 

either March 31, June 30, September 30, or December 31. Renewals

 

expiring on or after September 30, 1993 shall be for a minimum of

 

at least 12 months if there is a change in the established

 

expiration date.

 

     (12) The expiration date for a multiyear registration issued

 

for a leased vehicle shall be is the date the lease expires but

 

shall not be for a period longer than 24 months.

 

     Sec. 227. (1) Application for renewal of a vehicle

 

registration shall be made by the owner upon proper application and

by payment of the registration fee for the vehicle, as provided by

 

law.

 

     (2) Every application shall be accompanied by the certificate

 

of title pertaining to the vehicle, showing ownership in the person

 

applying for registration at the time of the application. The

 

secretary of state may waive the presentation of the certificate of

 

title.

 

     (3) Every application for renewal of a motor vehicle

 

registration shall be accompanied by proof of vehicle insurance in

 

a form determined by the secretary of state.

 

     (4) Notwithstanding subsection (3), the secretary of state

 

shall accept as proof of vehicle insurance a transmission of the

 

applicant's vehicle policy information for an insured vehicle for

 

which vehicle registration is sought. The secretary of state may

 

determine in what format and on what timeline the secretary of

 

state will receive vehicle policy information, which shall not be

 

required more frequently than every 14 days. In determining the

 

format under this subsection, the secretary of state shall consult

 

with insurers. The transmission to the secretary of state of the

 

vehicle policy information is proof of insurance to the secretary

 

of state for motor vehicle registration purposes only and is not

 

evidence that a policy of insurance actually exists between an

 

insurer and an individual. Vehicle policy information submitted by

 

an insurer and received by the secretary of state under this

 

subsection is confidential, is not subject to the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be disclosed to any person except the department of community

health for purposes of 2006 PA 593, MCL 550.281 to 550.289, or

 

under an order by a court of competent jurisdiction in connection

 

with a claim or fraud investigation or prosecution.

 

     (6) As used in this section, "policy information" means the

 

information an automobile insurer is required to supply to the

 

secretary of state under section 3101a of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101a.

 

     Sec. 304. (1) Except as provided in subsection (3), the

 

secretary of state shall issue a restricted license to a person

 

whose license was suspended or restricted under section 319 or

 

revoked or denied under section 303 based on either of the

 

following:

 

     (a) Two or more convictions for violating section 625(1) or

 

(3) or a local ordinance of this state substantially corresponding

 

to section 625(1) or (3).

 

     (b) One conviction for violating section 625(1) or (3) or a

 

local ordinance of this state substantially corresponding to

 

section 625(1) or (3), preceded by 1 or more convictions for

 

violating a local ordinance or law of another state substantially

 

corresponding to section 625(1), (3), or (6), or a law of the

 

United States substantially corresponding to section 625(1), (3),

 

or (6).

 

     (2) A restricted license issued under subsection (1) must not

 

be issued until after the person's operator's or chauffeur's

 

license has been suspended or revoked for 45 days and the judge

 

assigned to a DWI/sobriety court certifies to the secretary of

 

state that both of the following conditions have been met:

     (a) The person has been admitted into a DWI/sobriety court

 

program.

 

     (b) An ignition interlock device approved, certified, and

 

installed as required under sections 625k and 625l has been

 

installed on each motor vehicle owned or operated, or both, by the

 

individual.

 

     (3) A restricted license must not be issued under subsection

 

(1) if the person is otherwise ineligible for an operator's or

 

chauffeur's license under this act, unless the person's

 

ineligibility is based on 1 or more of the following:

 

     (a) Section 303(1)(i) or (l).

 

     (b) Section 303(2)(c)(i) or (iii).

 

     (c) Section 303(2)(g)(i) or (iii).

 

     (d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).

 

     (e) Section 319e(2)(a) or (b).

 

     (f) Section 320(1)(d).

 

     (g) Section 321a(1), (2), or (3).

 

     (h) Section 323c.

 

     (i) Section 625f.

 

     (j) Section 732a(5).

 

     (k) Section 904(10).

 

     (l) Section 82105a(2) of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.82105a.

 

     (m) Section 3177 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3177.

 

     (m) (n) Section 10 of the motor vehicle claims act, 1965 PA

 

198, MCL 257.1110.

     (4) A restricted license issued under subsection (1) permits

 

the person to whom it is issued to operate only the vehicle

 

equipped with an ignition interlock device described in subsection

 

(2)(b), to take any driving skills test required by the secretary

 

of state, and to drive to and from any combination of the following

 

locations or events:

 

     (a) In the course of the person's employment or occupation if

 

the employment or occupation does not require a commercial driver

 

license.

 

     (b) To and from any combination of the following:

 

     (i) The person's residence.

 

     (ii) The person's work location.

 

     (iii) An alcohol, drug, or mental health education and

 

treatment as ordered by the court.

 

     (iv) Alcoholics Anonymous, Narcotics Anonymous, or other

 

court-ordered self-help programs.

 

     (v) Court hearings and probation appointments.

 

     (vi) Court-ordered community service.

 

     (vii) An educational institution at which the person is

 

enrolled as a student.

 

     (viii) A place of regularly occurring medical treatment for a

 

serious condition or medical emergency for the person or a member

 

of the person's household or immediate family.

 

     (ix) Alcohol or drug testing as ordered by the court.

 

     (x) An ignition interlock service provider as required.

 

     (xi) At the discretion of the judge, the custodian of a minor

 

child may drive to and from the facilities of a provider of day

care services at which the custodian's minor child is enrolled, or

 

an educational institution at which the custodian's minor child is

 

enrolled as a student for the purposes of classes, academic

 

meetings or conferences, and athletic or other extracurricular

 

activities sanctioned by the educational institution in which the

 

minor child is a participant. As used in this subparagraph, "minor

 

child" means an individual who is less than 18 years of age.

 

     (5) While driving with a restricted license, the person shall

 

carry proof of his or her destination and the hours of any

 

employment, class, or other reason for traveling and shall display

 

that proof upon a peace officer's request.

 

     (6) Except as otherwise provided in this section, a restricted

 

license issued under subsection (1) is effective until a hearing

 

officer orders an unrestricted license under section 322. Subject

 

to subsection (7), the hearing officer shall not order an

 

unrestricted license until the later of the following events

 

occurs:

 

     (a) The court notifies the secretary of state that the person

 

has successfully completed the DWI/sobriety court program.

 

     (b) The minimum period of license sanction that would have

 

been imposed under section 303 or 319 but for this section has been

 

completed.

 

     (c) The person demonstrates that he or she has operated with

 

an ignition interlock device for not less than 1 year.

 

     (d) The person satisfies the requirements of section 303 and R

 

257.313 of the Michigan Administrative Code.

 

     (7) A hearing officer shall not issue an unrestricted license

for at least 1 year if either of the following applies:

 

     (a) The hearing officer determines that the person consumed

 

any alcohol during the period that his or her license was

 

restricted under this section, as determined by breath, blood,

 

urine, or transdermal testing unless a second test, administered

 

within 5 minutes after administering the first test, showed an

 

absence of alcohol.

 

     (b) The hearing officer determines that the person consumed or

 

otherwise used any controlled substance during the period that his

 

or her license was restricted under this section, except as

 

lawfully prescribed.

 

     (8) In determining whether to order an unrestricted license

 

under subsection (6), the successful completion of the DWI/sobriety

 

court program and a certificate from the DWI/sobriety court judge

 

must be considered positive evidence of the petitioner's abstinence

 

while the petitioner participated in the DWI/sobriety court

 

program. This subsection does not apply to a determination made

 

under subsection (7). As used in this subsection, "certificate"

 

includes, but is not limited to, a statement that the participant

 

has maintained a period of abstinence from alcohol for not less

 

than 6 months at the time the participant completed the

 

DWI/sobriety court program.

 

     (9) If the secretary of state receives a notification from the

 

DWI/sobriety court under section 1084(7) of the revised judicature

 

act of 1961, 1961 PA 236, MCL 600.1084, the secretary of state

 

shall summarily impose 1 of the following license sanctions, as

 

applicable:

     (a) Suspension for the full length of time provided under

 

section 319(8). However, a restricted license must not be issued as

 

provided under section 319(8). This subdivision applies if the

 

underlying conviction or convictions would have subjected the

 

person to a license sanction under section 319(8) if this section

 

did not apply.

 

     (b) A license revocation and denial for the full length of

 

time provided under section 303. The minimum period of license

 

revocation and denial imposed must be the same as if this section

 

did not apply. This subdivision applies if the underlying

 

conviction or convictions would have caused a license revocation

 

and denial under section 303 if this section did not apply.

 

     (10) After the person completes the DWI/sobriety court

 

program, the following apply:

 

     (a) The secretary of state shall postpone considering the

 

issuance of an unrestricted license under section 322 for a period

 

of 3 months for each act that would be a minor violation if the

 

person's license had been issued under section 322(6). As used in

 

this subdivision, "minor violation" means that term as defined in R

 

257.301a of the Michigan Administrative Code.

 

     (b) The restricted license issued under this section must be

 

suspended or revoked or denied as provided in subsection (9),

 

unless set aside under section 322(5), if any of the following

 

events occur:

 

     (i) The person operates a motor vehicle without an ignition

 

interlock device that meets the criteria under subsection (2)(b).

 

     (ii) The person removes, or causes to be removed, an ignition

interlock device from a vehicle he or she owns or operates unless

 

the secretary of state has authorized its removal under section

 

322a.

 

     (iii) The person commits any other act that would be a major

 

violation if the person's license had been issued under section

 

322(6). As used in this subparagraph, "major violation" means that

 

term as defined in R 257.301a of the Michigan Administrative Code.

 

     (iv) The person is arrested for a violation of any of the

 

following:

 

     (A) Section 625.

 

     (B) A local ordinance of this state or another state

 

substantially corresponding to section 625.

 

     (C) A law of the United States substantially corresponding to

 

section 625.

 

     (c) If the person is convicted of or found responsible for any

 

offense that requires the suspension, revocation, denial, or

 

cancellation of the person's operator's or chauffeur's license, the

 

restricted license issued under this section must be suspended

 

until the requisite period of license suspension, revocation,

 

denial, or cancellation, as appropriate, has elapsed.

 

     (d) If the person has failed to pay any court-ordered fines or

 

costs that resulted from the operation of a vehicle, the restricted

 

license issued under this section must be suspended pending payment

 

of those fines and costs.

 

     (11) All driver responsibility fees required to be assessed by

 

the secretary of state under section 732a for the conviction or

 

convictions that led to the restricted license under this section

must be held in abeyance as follows:

 

     (a) The fees must be held in abeyance during the time the

 

person has a restricted license under this section and is

 

participating in the DWI/sobriety court program.

 

     (b) At the end of the person's participation in the

 

DWI/sobriety court program, the driver responsibility fees must be

 

assessed and paid under the payment schedule described in section

 

732a.

 

     (12) The vehicle of an individual admitted to the DWI/sobriety

 

court program whose vehicle would otherwise be subject to

 

immobilization or forfeiture under this act is exempt from both

 

immobilization and forfeiture under sections 625n and 904d if both

 

of the following apply:

 

     (a) The person is a DWI/sobriety court program participant in

 

good standing or the person successfully satisfactorily completes

 

the DWI/sobriety court program.

 

     (b) The person does not subsequently violate a law of this

 

state for which vehicle immobilization or forfeiture is a sanction.

 

     (13) This section only applies to individuals arrested for a

 

violation of section 625 on or after January 1, 2011.

 

     (14) As used in this section:

 

     (a) "DWI/sobriety court" means that term as defined in section

 

1084 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.1084. Beginning January 1, 2018, DWI/sobriety court includes

 

only a DWI/sobriety court that is certified by the state court

 

administrative office as provided in section 1084(3) of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.1084.

     (b) "DWI/sobriety court program" means "program" as that term

 

is defined in section 1084 of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.1084.

 

     Sec. 323. (1) A person aggrieved by a final determination of

 

the secretary of state denying the person an operator's or

 

chauffeur's license, a vehicle group designation, or an indorsement

 

on a license or revoking, suspending, or restricting an operator's

 

or chauffeur's license, vehicle group designation, or an

 

indorsement may petition for a review of the determination in the

 

circuit court in the county where the person was arrested if the

 

denial or suspension was imposed under section 625f or, under the

 

order of a trial court under section 328 or, in all other cases, in

 

the circuit court in the person's county of residence. The person

 

shall file the petition within 63 days after the determination is

 

made except that for good cause shown the court may allow the

 

person to file petition within 182 days after the determination is

 

made. As provided in section 625f, a peace officer aggrieved by a

 

determination of a hearing officer in favor of a person who

 

requested a hearing under section 625f may, with the prosecuting

 

attorney's consent, petition for review of the determination in the

 

circuit court in the county where the arrest was made. The peace

 

officer shall file the petition within 63 days after the

 

determination is made except that for good cause shown the court

 

may allow the peace officer to file the petition within 182 days

 

after the determination is made.

 

     (2) Except as otherwise provided in this section, the circuit

 

court shall enter an order setting the cause for hearing for a day

certain not more than 63 days after the order's date. The order, a

 

copy of the petition that includes the person's full name, current

 

address, birth date, and driver's license number, and all

 

supporting affidavits shall be served on the secretary of state's

 

office in Lansing not less than 20 days before the date set for the

 

hearing. If the person is seeking a review of the record prepared

 

under section 322 or section 625f, the service upon the secretary

 

of state shall be made not less than 50 days before the date set

 

for the hearing.

 

     (3) The court may take testimony and examine all the facts and

 

circumstances relating to the denial, suspension, or restriction of

 

the person's license under sections 303(1)(d), 320, or 904(10) or

 

(11), a licensing action under section 310d, or a suspension for a

 

first violation under section 625f. The court may affirm, modify,

 

or set aside the restriction, suspension, or denial, except the

 

court shall not order the secretary of state to issue a restricted

 

or unrestricted chauffeur's license that would permit the person to

 

drive a commercial motor vehicle that hauls a hazardous material.

 

The court shall enter the order and the petitioner shall file a

 

certified copy of the order with the secretary of state's office in

 

Lansing within 7 days after entry of the order.

 

     (4) Except as otherwise provided in this section, in reviewing

 

a determination resulting in a denial, suspension, restriction, or

 

revocation under this act, the court shall confine its

 

consideration to a review of the record prepared under section 322

 

or 625f or the driving record created under section 204a for a

 

statutory legal issue, and may determine that the petitioner is

eligible for full driving privileges or, if the petitioner is

 

subject to a revocation under section 303, may determine that the

 

petitioner is eligible for restricted driving privileges. The court

 

shall set aside the secretary of state's determination only if 1 or

 

more of the following apply:

 

     (a) In determining whether a petitioner is eligible for full

 

driving privileges, the petitioner's substantial rights have been

 

prejudiced because the determination is any of the following:

 

     (i) In violation of the Constitution of the United States, the

 

state constitution of 1963, or a statute.

 

     (ii) In excess of the secretary of state's statutory authority

 

or jurisdiction.

 

     (iii) Made upon unlawful procedure resulting in material

 

prejudice to the petitioner.

 

     (iv) Not supported by competent, material, and substantial

 

evidence on the whole record.

 

     (v) Arbitrary, capricious, or clearly an abuse or unwarranted

 

exercise of discretion.

 

     (vi) Affected by other substantial and material error of law.

 

     (b) In determining whether a petitioner is eligible for review

 

of a revocation or denial under section 303, or whether a

 

petitioner is eligible for restricted driving privileges, 1 or more

 

of the following apply:

 

     (i) The petitioner's substantial rights have been prejudiced

 

as described in subdivision (a).

 

     (ii) All of the following are satisfied:

 

     (A) The revocation or denial occurred at least 1 year after

the petitioner's license was revoked or denied, or, if the

 

petitioner's license was previously revoked or denied within the 7

 

years preceding the most recent revocation or denial, at least 5

 

years after the most recent revocation or denial, whichever is

 

later.

 

     (B) The court finds that the petitioner meets the department's

 

requirements under the rules promulgated by the department under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.238. For purposes of this sub-subparagraph only, the court

 

may take additional testimony to supplement the record prepared

 

under section 322 or 625f or the driving record created under

 

section 204a, but shall not expand the record.

 

     (C) If the revocation or denial was under section 303(2)(a),

 

(b), (c), or (g), the petitioner rebuts by clear and convincing

 

evidence the presumption that he or she is a habitual offender, and

 

establishes to the court's satisfaction that he or she is likely to

 

adhere to any requirements imposed by the court. For purposes of

 

this sub-subparagraph, the conviction that resulted in the

 

revocation and any record of denial of reinstatement by the

 

department are prima facie evidence that the petitioner is a

 

habitual offender. For purposes of this sub-subparagraph only, the

 

court may take additional testimony to supplement the record

 

prepared under section 322 or 625f or the driving record created

 

under section 204a, but shall not expand the record.

 

     (5) If the court determines that a petitioner is eligible for

 

restricted driving privileges under subsection (4)(b), the court

 

shall issue an order that includes, but is not limited to, all of

the following:

 

     (a) The court's findings under section 303 and R 257.1 to R

 

257.1727 of the Michigan administrative code.

 

     (b) A requirement that each motor vehicle operated by the

 

petitioner be equipped with a properly installed and functioning

 

ignition interlock device for a period of at least 1 year. The

 

petitioner shall bear the cost of an ignition interlock device

 

required under this subdivision. A restricted license shall not be

 

issued to the petitioner until the secretary of state has verified

 

that 1 or more ignition interlock devices, if applicable, have been

 

installed as required by this subdivision.

 

     (c) A method by which the court will verify that the

 

petitioner maintains no-fault insurance for each vehicle described

 

in subdivision (b) as required by chapter 31 of the insurance code

 

of 1956, 1956 PA 218, MCL 500.3103 to 500.3179.

 

     (c) (d) A requirement that a restricted license issued to the

 

petitioner shall not permit the petitioner to operate a commercial

 

motor vehicle that hauls hazardous materials.

 

     (d) (e) A provision that the secretary of state shall revoke

 

the petitioner's restricted license if any of the following occur:

 

     (i) The petitioner violates the restrictions on his or her

 

license.

 

     (ii) The petitioner violates subdivision (b).

 

     (iii) The petitioner removes, or causes to be removed, an

 

ignition interlock device required under subdivision (b), unless

 

the secretary of state has authorized the removal under section

 

322a.

     (iv) The petitioner commits an act that would be a major

 

violation if the petitioner's license had been issued under section

 

322(6) or consumes alcohol or a controlled substance without a

 

prescription. As used in this subparagraph, "major violation" means

 

that term as defined in R 257.301a of the Michigan administrative

 

code.

 

     (v) The petitioner is arrested for a violation of section 625

 

or a local ordinance, law of this state or another state, or law of

 

the United States that substantially corresponds to section 625.

 

     (6) If the court determines that a petitioner is eligible for

 

restricted driving privileges under this section and the petitioner

 

intends to operate a vehicle owned by his or her employer, the

 

court shall notify the employer of the petitioner's obligation

 

under subsection (5)(b). This subsection does not require an

 

employer who receives a notice under this subsection to install an

 

ignition interlock device on a vehicle. This subsection does not

 

apply to a vehicle that is operated by a self-employed individual

 

who uses the vehicle for both business and personal use.

 

     (7) If a court determines that a petitioner is eligible for

 

restricted driving privileges, the secretary of state shall not

 

issue a restricted license to the petitioner until he or she has

 

satisfied any other applicable requirements of state or federal

 

law, and shall not issue a restricted license to the petitioner if

 

the order granting eligibility for restricted driving privileges

 

does not comply with subsection (5).

 

     Sec. 518b. (1) All of the following types of automobile

 

insurance satisfy the financial responsibility requirements of this

chapter:

 

     (a) During the time that a transportation network company

 

driver is logged on to the transportation network company's digital

 

network and is available to receive transportation requests but is

 

not engaged in a transportation network company prearranged ride,

 

all of the following types of automobile insurance:

 

     (i) Residual third party automobile liability insurance as

 

required under described in chapter 31 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101 to 500.3179, in the amount of at

 

least $50,000.00 per person for death or bodily injury, $100,000.00

 

per incident for death or bodily injury, and $25,000.00 for

 

property damage.

 

     (ii) Personal protection insurance and property protection

 

insurance in the amounts and of the types of coverage required by

 

described in chapter 31 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3101 to 500.3179.

 

     (b) During the time that a transportation network company

 

driver is engaged in a transportation network company prearranged

 

ride, all of the following types of automobile insurance:

 

     (i) Residual third party automobile liability insurance with a

 

minimum combined single limit of $1,000,000.00 for all bodily

 

injury or property damage.

 

     (ii) Personal protection insurance and property protection

 

insurance in the amounts and of the types of coverage required by

 

described in chapter 31 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3101 to 500.3179.

 

     (2) This section only applies to automobile insurance obtained

by a transportation network company driver or a transportation

 

network company.

 

     Sec. 657a. (1) A village or city having a population of fewer

 

than 30,000 individuals based upon the 2010 decennial census may by

 

resolution allow the operation of golf carts on the streets of that

 

village or city, subject to the requirements of this section. A

 

township having a population of fewer than 30,000 individuals based

 

upon the 2010 decennial census may by resolution, unless

 

disapproved by the county board of commissioners under subsection

 

(3), allow the operation of golf carts on the streets of that

 

township, subject to the requirements of this section.

 

     (2) If a village, city, or township allows the operation of

 

golf carts on the streets of that village, city, or township, that

 

village, city, or township may require those golf carts and the

 

operators of those golf carts to be recorded on a list maintained

 

by that village, city, or township. A village, city, or township

 

shall not charge a fee for listing golf carts or the operators of

 

those golf carts.

 

     (3) A county board of commissioners may, by resolution,

 

disapprove the operation of golf carts on the streets of a township

 

located within that county if the county board of commissioners

 

conducts a hearing and determines that 1 or more of the following

 

apply:

 

     (a) The operation of golf carts on the streets of that

 

township would cause significant environmental damage.

 

     (b) The operation of golf carts on the streets of that

 

township would cause a significant concern of public safety.

     (4) The county board of commissioners shall provide public

 

notice of a hearing under subsection (3) at least 45 days before

 

the hearing is conducted. The county board of commissioners shall

 

also provide written notice of a hearing under subsection (3) to

 

the township at least 45 days before the hearing is conducted.

 

     (5) A person shall not operate a golf cart on any street

 

unless he or she is at least 16 years old and is licensed to

 

operate a motor vehicle.

 

     (6) The operator of a golf cart shall comply with the signal

 

requirements of section 648 that apply to the operation of a

 

vehicle.

 

     (7) A person operating a golf cart upon a roadway shall ride

 

as near to the right side of the roadway as practicable, exercising

 

due care when passing a standing vehicle or one proceeding in the

 

same direction.

 

     (8) A person shall not operate a golf cart on a state trunk

 

line highway. This subsection does not prohibit a person from

 

crossing a state trunk line highway when operating a golf cart on a

 

street of a village, city, or township, using the most direct line

 

of crossing.

 

     (9) Where a usable and designated path for golf carts is

 

provided adjacent to a highway or street, a person operating a golf

 

cart may, by local ordinance, be required to use that path.

 

     (10) A person operating a golf cart shall not pass between

 

lines of traffic, but may pass on the left of traffic moving in his

 

or her direction in the case of a 2-way street or on the left or

 

right of traffic in the case of a 1-way street, in an unoccupied

lane.

 

     (11) A golf cart shall not be operated on a sidewalk

 

constructed for the use of pedestrians.

 

     (12) A golf cart shall be operated at a speed not to exceed 15

 

miles per hour and shall not be operated on a highway or street

 

with a speed limit of more than 30 miles per hour except to cross

 

that highway or street. A village, city, or township may, by

 

resolution, designate roads or classifications of roads for use by

 

golf carts under this subsection.

 

     (13) A golf cart shall not be operated on the streets of a

 

city, village, or township during the time period from 1/2 hour

 

before sunset to 1/2 hour after sunrise.

 

     (14) A person operating a golf cart or who is a passenger in a

 

golf cart is not required to wear a crash helmet.

 

     (15) This section does not apply to a police officer in the

 

performance of his or her official duties.

 

     (16) A golf cart operated on a street of a village, city, or

 

township under this section is not required to be registered under

 

this act for purposes of section 3101 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101.

 

     (16) (17) As used in this section, "golf cart" means a vehicle

 

designed for transportation while playing the game of golf. A golf

 

cart is not required to meet the vehicle safety requirements of a

 

low-speed vehicle for approval under this section.

 

     Sec. 665. (1) Before beginning research or testing on a

 

highway or street in this state of an automated motor vehicle,

 

technology that allows a motor vehicle to operate without a human

operator, or any automated driving system installed in a motor

 

vehicle under this section, the manufacturer of automated driving

 

systems or upfitter performing that research or testing shall

 

submit proof satisfactory to the secretary of state that the

 

vehicle is insured under chapter 31 of the insurance code of 1956,

 

1956 PA 218, MCL 500.3101 to 500.3179.

 

     (1) (2) A manufacturer of automated driving systems or

 

upfitter shall ensure that all of the following circumstances exist

 

when researching or testing the operation, including operation

 

without a human operator, of an automated motor vehicle or any

 

automated technology or automated driving system installed in a

 

motor vehicle upon a highway or street:

 

     (a) The vehicle is operated only by an employee, contractor,

 

or other person designated or otherwise authorized by that

 

manufacturer of automated driving systems or upfitter. This

 

subdivision does not apply to a university researcher or an

 

employee of the state transportation department or the department

 

described in subsection (3).(2).

 

     (b) An individual described in subdivision (a) has the ability

 

to monitor the vehicle's performance while it is being operated on

 

a highway or street in this state and, if necessary, promptly take

 

control of the vehicle's movements. If the individual does not, or

 

is unable to, take control of the vehicle, the vehicle shall be

 

capable of achieving a minimal risk condition.

 

     (c) The individual operating the vehicle under subdivision (a)

 

and the individual who is monitoring the vehicle for purposes of

 

subdivision (b) may lawfully operate a motor vehicle in the United

States.

 

     (2) (3) A university researcher or an employee of the state

 

transportation department or the department who is engaged in

 

research or testing of automated motor vehicles may operate an

 

automated motor vehicle if the operation is in compliance with

 

subsection (2).(1).

 

     (3) (4) An automated motor vehicle may be operated on a street

 

or highway in this state.

 

     (4) (5) When engaged, an automated driving system allowing for

 

operation without a human operator shall be considered the driver

 

or operator of a vehicle for purposes of determining conformance to

 

any applicable traffic or motor vehicle laws and shall be deemed to

 

satisfy electronically all physical acts required by a driver or

 

operator of the vehicle.

 

     (5) (6) The Michigan council on future mobility is created

 

within the state transportation department. The council shall

 

provide to the governor, legislature, department, state

 

transportation department, department of insurance and financial

 

services, department of technology, management, and budget, and

 

department of state police recommendations for changes in state

 

policy to ensure that this state continues to be the world leader

 

in autonomous, driverless, and connected vehicle technology. The

 

council created under this subsection shall consist of all of the

 

following members, who shall serve without compensation:

 

     (a) Eleven individuals appointed by the governor who represent

 

the interests of local government or are business, policy,

 

research, or technological leaders in future mobility. The

individuals appointed under this subdivision shall be voting

 

members.

 

     (b) One individual appointed by the governor who is

 

representative of insurance interests. The individual appointed

 

under this subdivision shall be a voting member.

 

     (c) Two state senators appointed by the senate majority leader

 

to serve as nonvoting ex officio members. One of the senators

 

appointed under this subdivision shall be a member of the majority

 

party, and 1 of the senators appointed under this subdivision shall

 

be a member of the minority party.

 

     (d) Two state representatives appointed by the speaker of the

 

house of representatives to serve as nonvoting ex officio members.

 

One of the representatives appointed under this subdivision shall

 

be a member of the majority party, and 1 of the representatives

 

appointed under this subdivision shall be a member of the minority

 

party.

 

     (e) The secretary of state or his or her designee. The

 

individual appointed under this subdivision shall be a voting

 

member.

 

     (f) The director of the state transportation department or his

 

or her designee. The individual appointed under this subdivision

 

shall be a voting member.

 

     (g) The director of the department of state police or his or

 

her designee. The individual appointed under this subdivision shall

 

be a voting member.

 

     (h) The director of the department of insurance and financial

 

services or his or her designee. The individual appointed under

this subdivision shall be a voting member.

 

     (i) The director of the department of technology, management,

 

and budget or his or her designee. The individual appointed under

 

this subdivision shall be a voting member.

 

     (6) (7) The governor shall designate 1 or more of the members

 

of the commission to serve as chairperson of the commission who

 

shall serve at the governor's pleasure.

 

     (7) (8) The council created under subsection (6) (5) shall

 

submit recommendations for statewide policy changes and updates no

 

later than March 31, 2017 and shall continue to make

 

recommendations annually thereafter, or more frequently in the

 

commission's discretion.

 

     (8) (9) A person may operate a platoon on a street or highway

 

of this state if the person files a plan for general platoon

 

operations with the department of state police and the state

 

transportation department before starting platoon operations. If

 

the plan is not rejected by either the department of state police

 

or the state transportation department within 30 days after receipt

 

of the plan, the person shall be allowed to operate the platoon.

 

     (9) (10) All of the following apply to a platoon:

 

     (a) Vehicles in a platoon shall not be considered a

 

combination of vehicles for purposes of this act.

 

     (b) The lead vehicle in a platoon shall not be considered to

 

draw the other vehicles.

 

     (c) If the platoon includes a commercial motor vehicle, an

 

appropriately endorsed driver who holds a valid commercial driver

 

license shall be present behind the wheel of each commercial motor

vehicle in the platoon.

 

     Sec. 665b. (1) A motor vehicle manufacturer may participate in

 

a SAVE project if it self-certifies to all of the following:

 

     (a) That it is a motor vehicle manufacturer. A person that is

 

not a motor vehicle manufacturer may not participate in a SAVE

 

project.

 

     (b) That each vehicle in the participating fleet is owned or

 

controlled by the motor vehicle manufacturer and is equipped with

 

all of the following:

 

     (i) An automated driving system.

 

     (ii) Automatic crash notification technology.

 

     (iii) A data recording system that has the capacity to record

 

the automated driving system's status and other vehicle attributes

 

including, but not limited to, speed, direction, and location

 

during a specified time period before a crash as determined by the

 

motor vehicle manufacturer.

 

     (c) That the participating fleet complies with all applicable

 

state and federal laws.

 

     (d) That each vehicle in the participating fleet is capable of

 

being operated in compliance with applicable traffic and motor

 

vehicle laws of this state.

 

     (2) A motor vehicle manufacturer's eligibility to participate

 

in a SAVE project under this section is conditioned solely upon

 

meeting the requirements of this section. A motor vehicle

 

manufacturer shall verify its satisfaction of the requirements of

 

this section using the self-certification described in subsection

 

(1).

     (3) All of the following apply to a motor vehicle manufacturer

 

that participates in a SAVE project:

 

     (a) The motor vehicle manufacturer may commence a SAVE project

 

at any time after it notifies the department that it has self-

 

certified as provided in subsection (1). The notification required

 

by this subdivision shall also set forth the geographical

 

boundaries for the SAVE project. A motor vehicle manufacturer may

 

make multiple notifications under this subsection.

 

     (b) The motor vehicle manufacturer may participate in a SAVE

 

project under any terms it deems appropriate so long as the terms

 

are consistent with this section and other applicable law.

 

     (c) The motor vehicle manufacturer shall determine the

 

geographical boundaries for a SAVE project, which may include, but

 

are not limited to, any of the following:

 

     (i) A designated area within a municipality.

 

     (ii) An area maintained by a regional authority.

 

     (iii) A university campus.

 

     (iv) A development that caters to senior citizens.

 

     (v) A geographic or demographic area that is similar to the

 

areas described in subparagraphs (i) to (iv).

 

     (d) Public operation of a participating fleet shall be

 

confined to the boundaries selected by the motor vehicle

 

manufacturer under subdivision (c).

 

     (e) For the duration of a SAVE project, the motor vehicle

 

manufacturer shall maintain incident records and provide periodic

 

summaries related to the safety and efficacy of travel of the

 

participating fleet to the department and the National Highway

Traffic Safety Administration.

 

     (f) An individual who participates in a SAVE project is deemed

 

by his or her participation to have consented to the collection of

 

the information described in subdivision (e) while he or she is in

 

a vehicle that is part of the participating fleet and to the

 

provision of the summaries to the department and the National

 

Highway Traffic Safety Administration as described in subdivision

 

(e). Before commencing a SAVE project, and for the duration of the

 

SAVE project, the motor vehicle manufacturer shall make publicly

 

available a privacy statement disclosing its data handling

 

practices in connection with the applicable participating fleet.

 

     (4) When engaged, an automated driving system or any remote or

 

expert-controlled assist activity shall be considered the driver or

 

operator of the vehicle for purposes of determining conformance to

 

any applicable traffic or motor vehicle laws and shall be deemed to

 

satisfy electronically all physical acts required by a driver or

 

operator of the vehicle. A motor vehicle manufacturer shall insure

 

each vehicle in a participating fleet as required under this act

 

and chapter 31 of the insurance code of 1956, 1956 PA 218, MCL

 

500.3101 to 500.3179. For each SAVE project in which it

 

participates, during the time that an automated driving system is

 

in control of a vehicle in the participating fleet, a motor vehicle

 

manufacturer shall assume liability for each incident in which the

 

automated driving system is at fault. , subject to chapter 31 of

 

the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179.

 

     Sec. 732. (1) Each municipal judge and each clerk of a court

 

of record shall keep a full record of every case in which a person

is charged with or cited for a violation of this act or a local

 

ordinance substantially corresponding to this act regulating the

 

operation of vehicles on highways and with those offenses

 

pertaining to the operation of ORVs or snowmobiles for which points

 

are assessed under section 320a(1)(c) or (i). Except as provided in

 

subsection (16), the municipal judge or clerk of the court of

 

record shall prepare and forward to the secretary of state an

 

abstract of the court record as follows:

 

     (a) Not more than 5 days after a conviction, forfeiture of

 

bail, or entry of a civil infraction determination or default

 

judgment upon a charge of or citation for violating or attempting

 

to violate this act or a local ordinance substantially

 

corresponding to this act regulating the operation of vehicles on

 

highways.

 

     (b) Immediately for each case charging a violation of section

 

625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local

 

ordinance substantially corresponding to section 625(1), (3), (6),

 

or (8) or section 625m in which the charge is dismissed or the

 

defendant is acquitted.

 

     (c) Immediately for each case charging a violation of section

 

82127(1) or (3) or 81134 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.82127 and 324.81134, or a

 

local ordinance substantially corresponding to those sections.

 

     (2) If a city or village department, bureau, or person is

 

authorized to accept a payment of money as a settlement for a

 

violation of a local ordinance substantially corresponding to this

 

act, the city or village department, bureau, or person shall send a

full report of each case in which a person pays any amount of money

 

to the city or village department, bureau, or person to the

 

secretary of state upon a form prescribed by the secretary of

 

state.

 

     (3) The abstract or report required under this section shall

 

be made upon a form furnished by the secretary of state. An

 

abstract shall be certified by signature, stamp, or facsimile

 

signature of the person required to prepare the abstract as

 

correct. An abstract or report shall include all of the following:

 

     (a) The name, address, and date of birth of the person charged

 

or cited.

 

     (b) The number of the person's operator's or chauffeur's

 

license, if any.

 

     (c) The date and nature of the violation.

 

     (d) The type of vehicle driven at the time of the violation

 

and, if the vehicle is a commercial motor vehicle, that vehicle's

 

group designation.

 

     (e) The date of the conviction, finding, forfeiture, judgment,

 

or civil infraction determination.

 

     (f) Whether bail was forfeited.

 

     (g) Any license restriction, suspension, or denial ordered by

 

the court as provided by law.

 

     (h) The vehicle identification number and registration plate

 

number of all vehicles that are ordered immobilized or forfeited.

 

     (i) Other information considered necessary to the secretary of

 

state.

 

     (4) The clerk of the court also shall forward an abstract of

the court record to the secretary of state upon a person's

 

conviction or, for the purposes of subdivision (d), a finding or

 

admission of responsibility, involving any of the following:

 

     (a) A violation of section 413, 414, or 479a of the Michigan

 

penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

 

     (b) A violation of section 1 of former 1931 PA 214.

 

     (c) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle.

 

     (d) A violation of sections 701(1) and 703 of the Michigan

 

liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703,

 

or a local ordinance substantially corresponding to those sections.

 

     (e) A violation of section 411a(2) of the Michigan penal code,

 

1931 PA 328, MCL 750.411a.

 

     (f) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 as adopted by section 1a of the motor carrier

 

safety act of 1963, 1963 PA 181, MCL 480.11a.

 

     (g) A violation of section 57 of the pupil transportation act,

 

1990 PA 187, MCL 257.1857.

 

     (h) An attempt to violate, a conspiracy to violate, or a

 

violation of part 74 of the public health code, 1978 PA 368, MCL

 

333.7401 to 333.7461, or a local ordinance that prohibits conduct

 

prohibited under part 74 of the public health code, 1978 PA 368,

 

MCL 333.7401 to 333.7461, unless the convicted person is sentenced

 

to life imprisonment or a minimum term of imprisonment that exceeds

 

1 year for the offense.

 

     (i) An attempt to commit an offense described in subdivisions

 

(a) to (g).

     (j) A violation of chapter LXXXIII-A of the Michigan penal

 

code, 1931 PA 328, MCL 750.543a to 750.543z.

 

     (k) A violation of section 3101, 3102(1), or 3103 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

 

500.3103.

 

     (l) A violation listed as a disqualifying offense under 49 CFR

 

383.51.

 

     (5) The clerk of the court shall also forward an abstract of

 

the court record to the secretary of state if a person has pled

 

guilty to, or offered a plea of admission in a juvenile proceeding

 

for, a violation of section 703 of the Michigan liquor control code

 

of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to that section, and has had further

 

proceedings deferred under that section. If the person is sentenced

 

to a term of probation and terms and conditions of probation are

 

fulfilled and the court discharges the individual and dismisses the

 

proceedings, the court shall also report the dismissal to the

 

secretary of state.

 

     (6) As used in subsections (7) to (9), "felony in which a

 

motor vehicle was used" means a felony during the commission of

 

which the person operated a motor vehicle and while operating the

 

vehicle presented real or potential harm to persons or property and

 

1 or more of the following circumstances existed:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

felony.

 

     (7) If a person is charged with a felony in which a motor

 

vehicle was used, other than a felony specified in subsection (4)

 

or section 319, the prosecuting attorney shall include the

 

following statement on the complaint and information filed in

 

district or circuit court:

 

     "You are charged with the commission of a felony in which a

 

motor vehicle was used. If you are convicted and the judge finds

 

that the conviction is for a felony in which a motor vehicle was

 

used, as defined in section 319 of the Michigan vehicle code, 1949

 

PA 300, MCL 257.319, your driver's license shall be suspended by

 

the secretary of state.".

 

     (8) If a juvenile is accused of an act, the nature of which

 

constitutes a felony in which a motor vehicle was used, other than

 

a felony specified in subsection (4) or section 319, the

 

prosecuting attorney or family division of circuit court shall

 

include the following statement on the petition filed in the court:

 

     "You are accused of an act the nature of which constitutes a

 

felony in which a motor vehicle was used. If the accusation is

 

found to be true and the judge or referee finds that the nature of

 

the act constitutes a felony in which a motor vehicle was used, as

 

defined in section 319 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.319, your driver's license shall be suspended by the

 

secretary of state.".

 

     (9) If the court determines as part of the sentence or

 

disposition that the felony for which the person was convicted or

 

adjudicated and with respect to which notice was given under

subsection (7) or (8) is a felony in which a motor vehicle was

 

used, the clerk of the court shall forward an abstract of the court

 

record of that conviction to the secretary of state.

 

     (10) As used in subsections (11) and (12), "felony in which a

 

commercial motor vehicle was used" means a felony during the

 

commission of which the person operated a commercial motor vehicle

 

and while the person was operating the vehicle 1 or more of the

 

following circumstances existed:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     (11) If a person is charged with a felony in which a

 

commercial motor vehicle was used and for which a vehicle group

 

designation on a license is subject to suspension or revocation

 

under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

 

319b(1)(f)(i), the prosecuting attorney shall include the following

 

statement on the complaint and information filed in district or

 

circuit court:

 

     "You are charged with the commission of a felony in which a

 

commercial motor vehicle was used. If you are convicted and the

 

judge finds that the conviction is for a felony in which a

 

commercial motor vehicle was used, as defined in section 319b of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

 

group designations on your driver's license shall be suspended or

 

revoked by the secretary of state.".

     (12) If the judge determines as part of the sentence that the

 

felony for which the defendant was convicted and with respect to

 

which notice was given under subsection (11) is a felony in which a

 

commercial motor vehicle was used, the clerk of the court shall

 

forward an abstract of the court record of that conviction to the

 

secretary of state.

 

     (13) Every person required to forward abstracts to the

 

secretary of state under this section shall certify for the period

 

from January 1 through June 30 and for the period from July 1

 

through December 31 that all abstracts required to be forwarded

 

during the period have been forwarded. The certification shall be

 

filed with the secretary of state not later than 28 days after the

 

end of the period covered by the certification. The certification

 

shall be made upon a form furnished by the secretary of state and

 

shall include all of the following:

 

     (a) The name and title of the person required to forward

 

abstracts.

 

     (b) The court for which the certification is filed.

 

     (c) The time period covered by the certification.

 

     (d) The following statement:

 

     "I certify that all abstracts required by section 732 of the

 

Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

 

________________ through ______________ have been forwarded to the

 

secretary of state.".

 

     (e) Other information the secretary of state considers

 

necessary.

 

     (f) The signature of the person required to forward abstracts.

     (14) The failure, refusal, or neglect of a person to comply

 

with this section constitutes misconduct in office and is grounds

 

for removal from office.

 

     (15) Except as provided in subsection (16), the secretary of

 

state shall keep all abstracts received under this section at the

 

secretary of state's main office and the abstracts shall be open

 

for public inspection during the office's usual business hours.

 

Each abstract shall be entered upon the master driving record of

 

the person to whom it pertains.

 

     (16) Except for controlled substance offenses described in

 

subsection (4), the court shall not submit, and the secretary of

 

state shall discard and not enter on the master driving record, an

 

abstract for a conviction or civil infraction determination for any

 

of the following violations:

 

     (a) The parking or standing of a vehicle.

 

     (b) A nonmoving violation that is not the basis for the

 

secretary of state's suspension, revocation, or denial of an

 

operator's or chauffeur's license.

 

     (c) A violation of chapter II that is not the basis for the

 

secretary of state's suspension, revocation, or denial of an

 

operator's or chauffeur's license.

 

     (d) A pedestrian, passenger, or bicycle violation, other than

 

a violation of section 703(1) or (2) of the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to section 703(1) or (2) of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

 

section 624a or 624b or a local ordinance substantially

corresponding to section 624a or 624b.

 

     (e) A violation of section 710e or a local ordinance

 

substantially corresponding to section 710e.

 

     (f) A violation of section 328(1) if, before the appearance

 

date on the citation, the person submits proof to the court that

 

the motor vehicle had insurance meeting the requirements of

 

sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3101 and 500.3102, at the time the citation was issued.

 

Insurance obtained subsequent to the time of the violation does not

 

make the violation an exception under this subsection.

 

     (f) (g) A violation described in section 319b(10)(b)(vii) if,

 

before the court appearance date or date fines are to be paid, the

 

person submits proof to the court that he or she held a valid

 

commercial driver license on the date the citation was issued.

 

     (g) (h) A violation of section 311 if the person was driving a

 

noncommercial vehicle and, before the court appearance date or the

 

date fines are to be paid, the person submits proof to the court

 

that he or she held a valid driver license on the date the citation

 

was issued.

 

     (h) (i) A violation of section 602b(1) or 602c.

 

     (17) Except as otherwise provided in this subsection, the

 

secretary of state shall discard and not enter on the master

 

driving record an abstract for a bond forfeiture that occurred

 

outside this state. The secretary of state shall enter on the

 

master driving record an abstract for a conviction as defined in

 

section 8a(b) that occurred outside this state in connection with

 

the operation of a commercial motor vehicle or for a conviction of

a person licensed as a commercial motor vehicle driver.

 

     (18) The secretary of state shall inform the courts of this

 

state of the nonmoving violations and violations of chapter II that

 

are used by the secretary of state as the basis for the suspension,

 

restriction, revocation, or denial of an operator's or chauffeur's

 

license.

 

     (19) If a conviction or civil infraction determination is

 

reversed upon appeal, the person whose conviction or determination

 

has been reversed may serve on the secretary of state a certified

 

copy of the order of reversal. The secretary of state shall enter

 

the order in the proper book or index in connection with the record

 

of the conviction or civil infraction determination.

 

     (20) The secretary of state may permit a city or village

 

department, bureau, person, or court to modify the requirement as

 

to the time and manner of reporting a conviction, civil infraction

 

determination, or settlement to the secretary of state if the

 

modification will increase the economy and efficiency of collecting

 

and utilizing the records. If the permitted abstract of court

 

record reporting a conviction, civil infraction determination, or

 

settlement originates as a part of the written notice to appear,

 

authorized in section 728(1) or 742(1), the form of the written

 

notice and report shall be as prescribed by the secretary of state.

 

     (21) Notwithstanding any other law of this state, a court

 

shall not take under advisement an offense committed by a person

 

while operating a motor vehicle for which this act requires a

 

conviction or civil infraction determination to be reported to the

 

secretary of state. A conviction or civil infraction determination

that is the subject of this subsection shall not be masked,

 

delayed, diverted, suspended, or suppressed by a court. Upon a

 

conviction or civil infraction determination, the conviction or

 

civil infraction determination shall immediately be reported to the

 

secretary of state in accordance with this section.

 

     (22) Except as provided in this act and notwithstanding any

 

other provision of law, a court shall not order expunction of any

 

violation reportable to the secretary of state under this section.

 

     Sec. 732a. (1) An individual, whether licensed or not, who

 

accumulates 7 or more points on his or her driving record under

 

sections 320a and 629c within a 2-year period for any violation not

 

listed under subsection (2) shall be assessed a $100.00 driver

 

responsibility fee. For each additional point accumulated above 7

 

points not listed under subsection (2), an additional fee of $50.00

 

shall be assessed. The secretary of state shall collect the fees

 

described in this subsection once each year that the point total on

 

an individual driving record is 7 points or more. This subsection

 

is subject to subsection (11).

 

     (2) An individual, whether licensed or not, who violates any

 

of the following sections or another law or local ordinance that

 

substantially corresponds to those sections shall be assessed a

 

driver responsibility fee as follows:

 

     (a) Subject to subsection (11), upon posting an abstract

 

indicating that an individual has been found guilty for a violation

 

of law listed or described in this subdivision, the secretary of

 

state shall assess a $1,000.00 driver responsibility fee each year

 

for 2 consecutive years:

     (i) Manslaughter, negligent homicide, or a felony resulting

 

from the operation of a motor vehicle, ORV, or snowmobile.

 

     (ii) Section 601b(2) or (3), 601c(1) or (2), 601d, 626(3) or

 

(4), or 653a(3) or (4).

 

     (iii) Section 625(1), (4), or (5), section 625m, or section

 

81134 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.81134, or a law or ordinance substantially

 

corresponding to section 625(1), (4), or (5), section 625m, or

 

section 81134 of the natural resources and environmental protection

 

act, 1994 PA 451, MCL 324.81134.

 

     (iv) Failing to stop and disclose identity at the scene of an

 

accident when required by law.

 

     (v) Fleeing or eluding an officer.

 

     (b) Subject to subsection (11), upon posting an abstract

 

indicating that an individual has been found guilty for a violation

 

of law listed in this subdivision, the secretary of state shall

 

assess a $500.00 driver responsibility fee each year for 2

 

consecutive years:

 

     (i) Section 625(3), (6), (7), or (8).

 

     (ii) Section 626 or, beginning October 31, 2010, section

 

626(2).

 

     (iii) Section 904.

 

     (iv) Section 3101, 3102(1), or 3103 of the insurance code of

 

1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.

 

     (c) Through September 30, 2012, upon posting an abstract

 

indicating that an individual has been found guilty for a violation

 

of section 301, the secretary of state shall assess a $150.00

driver responsibility fee each year for 2 consecutive years.

 

However, a driver responsibility fee shall not be assessed under

 

this subdivision for a violation committed on or after October 1,

 

2012.

 

     (d) Through September 30, 2012, upon posting an abstract

 

indicating that an individual has been found guilty or determined

 

responsible for a violation listed in section 328, the secretary of

 

state shall assess a $200.00 driver responsibility fee each year

 

for 2 consecutive years. However, a driver responsibility fee shall

 

not be assessed under this subdivision for a violation committed on

 

or after October 1, 2012.

 

     (3) The secretary of state shall send a notice of the driver

 

responsibility assessment, as prescribed under subsection (1) or

 

(2), to the individual by regular mail to the address on the

 

records of the secretary of state. If payment is not received

 

within 30 days after the notice is mailed, the secretary of state

 

shall send a second notice that indicates that if payment is not

 

received within the next 30 days, the driver's driving privileges

 

will be suspended.

 

     (4) The secretary of state may authorize payment by

 

installment for a period not to exceed 24 months or, alternatively,

 

the individual may engage in community service under section 732b.

 

     (5) Except as otherwise provided under this subsection and

 

section 732b, if payment is not received or an installment plan is

 

not established after the time limit required by the second notice

 

prescribed under subsection (3) expires, the secretary of state

 

shall suspend the driving privileges until the assessment and any

other fees prescribed under this act are paid. However, if the

 

individual's license to operate a motor vehicle is not otherwise

 

required under this act to be denied, suspended, or revoked, the

 

secretary of state shall reinstate the individual's operator's

 

driving privileges if the individual requests an installment plan

 

under subsection (4) and makes proper payment under that plan. Fees

 

required to be paid for the reinstatement of an individual's

 

operator's driving privileges as described under this subsection

 

shall, at the individual's request, be included in the amount to be

 

paid under the installment plan. If the individual establishes a

 

payment plan as described in this subsection and subsection (4) but

 

the individual fails to make full or timely payments under that

 

plan, or enters into community service under section 732b but fails

 

to successfully complete that service within the 45-day period

 

allowed, or withdraws from community service with or without good

 

cause shown, the secretary of state shall suspend the individual's

 

driving privileges. The secretary of state shall only reinstate a

 

license under this subsection once. Not later than April 1, 2013,

 

the secretary of state shall only reinstate a license under this

 

subsection 3 times.

 

     (6) A fee shall not be assessed under this section for 7

 

points or more on a driving record on October 1, 2003. Points

 

assigned after October 1, 2003 shall be assessed as prescribed

 

under subsections (1) and (2), but subject to subsection (11).

 

     (7) A driver responsibility fee shall be assessed under this

 

section in the same manner for a conviction or determination of

 

responsibility for a violation or an attempted violation of a law

of this state, of a local ordinance substantially corresponding to

 

a law of this state, or of a law of another state substantially

 

corresponding to a law of this state.

 

     (8) The fire protection fund is created within the state

 

treasury. The state treasurer may receive money or other assets

 

from any source for deposit into the fund. The state treasurer

 

shall direct the investment of the fund. The state treasurer shall

 

credit to the fund interest and earnings from fund investments.

 

Money in the fund at the close of the fiscal year shall remain in

 

the fund and shall not lapse to the general fund. The department of

 

licensing and regulatory affairs shall expend money from the fund,

 

upon appropriation, only for fire protection grants to cities,

 

villages, and townships with state-owned facilities for fire

 

services, as provided in 1977 PA 289, MCL 141.951 to 141.956.

 

     (9) The secretary of state shall transmit the fees collected

 

under this section to the state treasurer. The state treasurer

 

shall credit fee money received under this section in each fiscal

 

year as follows:

 

     (a) The first $8,500,000.00 shall be credited to the fire

 

protection fund created in subsection (8).

 

     (b) For fiscal year 2015, after the amount specified in

 

subdivision (a) is credited to the fire protection fund created

 

under subsection (8), the next $1,550,000.00 shall be credited as

 

follows:

 

     (i) $550,000.00 to the department of treasury, distributed as

 

follows:

 

     (A) $500,000.00 for administering the requirements of the

department of treasury under section 732b.

 

     (B) $50,000.00 for providing a 1-time-only written notice to

 

individuals under section 732b(2) of the option of entering into

 

community service as an alternative to paying a driver

 

responsibility fee.

 

     (ii) $1,000,000.00 to the department of state for necessary

 

expenses incurred by the department of state in implementing and

 

administering the requirements of sections 625k and 625q of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.

 

Funds appropriated under this subparagraph shall be based upon an

 

established cost allocation methodology that reflects the actual

 

costs incurred or to be incurred by the secretary of state during

 

the fiscal year. However, funds appropriated under this

 

subparagraph shall not exceed $1,000,000.00 during that fiscal

 

year.

 

     (c) For fiscal year 2016, after the amount specified in

 

subdivision (a) is credited to the fire protection fund created

 

under subsection (8), the next $1,500,000.00 shall be credited as

 

follows:

 

     (i) $500,000.00 to the department of treasury for

 

administering the requirements of the department of treasury under

 

section 732b.

 

     (ii) $1,000,000.00 to the department of state for necessary

 

expenses incurred by the department of state in implementing and

 

administering the requirements of sections 625k and 625q of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.

 

Funds appropriated under this subparagraph shall be based upon an

established cost allocation methodology that reflects the actual

 

costs incurred or to be incurred by the secretary of state during

 

the fiscal year. However, funds appropriated under this

 

subparagraph shall not exceed $1,000,000.00 during that fiscal

 

year.

 

     (b) (d) For fiscal year 2017 and for each fiscal year

 

thereafter, after the amount specified in subdivision (a) is

 

credited to the fire protection fund created under subsection (8),

 

the next $1,000,000.00 shall be credited to the department of state

 

for necessary expenses incurred by the department of state in

 

implementing and administering the requirements of sections 625k

 

and 625q. of the Michigan vehicle code, 1949 PA 300, MCL 257.625k

 

and 257.625q. Funds appropriated under this subdivision shall be

 

based upon an established cost allocation methodology that reflects

 

the actual costs incurred or to be incurred by the secretary of

 

state during the fiscal year. However, funds appropriated under

 

this subdivision shall not exceed $1,000,000.00 during any fiscal

 

year.

 

     (c) (e) Any amount collected after crediting the amounts under

 

subdivisions (a) through (d) and (b) shall be credited to the

 

general fund.

 

     (10) The collection of assessments under this section is

 

subject to section 304.

 

     (11) A driver responsibility fee shall be assessed and

 

collected under this section as follows:

 

     (a) For an individual who accumulates 7 or more points on his

 

or her driving record beginning on the following dates, a fee

assessed under subsection (1) shall be reduced as follows:

 

     (i) Beginning October 1, 2015, the assessment shall be 75% of

 

the fee calculated under subsection (1).

 

     (ii) Beginning October 1, 2016, the assessment shall be 50% of

 

the fee calculated under subsection (1).

 

     (iii) Beginning October 1, 2018, the assessment shall be 25%

 

of the fee calculated under subsection (1).

 

     (iv) Beginning October 1, 2019, no fee shall be assessed under

 

subsection (1).

 

     (b) A fee assessed under subsection (2)(a) or (b) shall be

 

reduced as follows:

 

     (i) For a violation that occurs on or after October 1, 2015,

 

100% of the fee shall be assessed for the first year and 50% for

 

the second year.

 

     (ii) For a violation that occurs on or after October 1, 2016,

 

100% of the fee shall be assessed for the first year and no fee

 

shall be assessed for the second year.

 

     (iii) For a violation that occurs on or after October 1, 2018,

 

50% of the fee shall be assessed for the first year and no fee

 

shall be assessed for the second year.

 

     (iv) For a violation that occurs on or after October 1, 2019,

 

no fee shall be assessed under subsection (2)(a) or (b).

 

     (12) It is the intent of the legislature that beginning with

 

the fiscal year ending September 30, 2018, and each fiscal year

 

after that, $8,500,000.00 shall be appropriated to the fire

 

protection fund created under subsection (8).

 

     Sec. 732b. (1) If an individual was assessed a driver

responsibility fee under section 732a(2)(c), or (d), the individual

 

may engage in 10 hours of community service as an alternative to

 

paying that fee or any unpaid portion of that fee. Community

 

service under this subsection shall be completed within 45 days

 

after the application to engage in community service is filed with

 

the department of treasury under subsection (3).

 

     (2) An individual may engage in community service under

 

subsection (1) by obtaining a community service form from the

 

secretary of state or the department of treasury. The department of

 

treasury shall mail to each individual who is required to pay a

 

driver responsibility fee under section 732a(2)(c) or (d) a 1-time-

 

only written notice of the option of completing community service

 

as an alternative to paying that driver responsibility fee. The

 

notice shall include a statement that community service forms for

 

that purpose can be obtained from the department of state or from

 

the department of treasury. The notice shall be sent to the last

 

known address of the individual as shown in the records of the

 

department of treasury. The secretary of state shall make community

 

service forms available to the public at all branch offices and on

 

the department's website for purposes of this section and shall

 

provide community service forms to the department of treasury for

 

purposes of this section.

 

     (3) If an individual chooses to engage in community service

 

under this section, the individual shall complete the community

 

service form obtained under subsection (2) and return the form to

 

the department of treasury in the manner prescribed by the

 

department of treasury by December 31, 2015. Upon receiving a

properly completed community service form under this subsection,

 

the department of treasury shall inform the department of state

 

that the individual intends to complete community service under

 

this section as an alternative to paying a driver responsibility

 

fee or any portion of a driver responsibility fee. If the secretary

 

of state is notified by the department of treasury that the

 

individual has elected to complete community service under this

 

section as an alternative to paying the fee, that fee shall be held

 

in abeyance for a period of 45 days. If the individual's license is

 

suspended for failing to pay the driver responsibility fee or

 

portion of the driver responsibility fee, the department of state

 

shall, upon payment of the reinstatement fee, reinstate the

 

individual's driver license.

 

     (4) An individual who engages in community service under this

 

section shall be allowed only 1 opportunity to complete the

 

community service alternative for each driver responsibility fee

 

owed. However, the department of treasury may allow an individual

 

to withdraw from that community service before the expiration of

 

the 45-day period for completing that community service for good

 

cause shown. If the individual is allowed to withdraw from

 

community service for good cause shown, that opportunity for

 

completing community service shall not be considered in the number

 

of opportunities to perform community service under this

 

subsection, but the individual is subject to the suspension of his

 

or her driving privileges under section 732a(5).

 

     (5) Upon completing community service under this section, the

 

individual may request the person with whom he or she engaged in

community service under this section to verify on the community

 

service form in the manner designated by the secretary of state

 

that he or she successfully completed that community service. Upon

 

verification, the individual may return the community service form

 

to the department of treasury for purposes of this section. Any

 

person who falsely verifies community service under this subsection

 

and any individual who falsely requests the verification of

 

community service under this section or who returns a community

 

service form to the department of treasury under this subsection

 

knowing that his or her community service is falsely verified is

 

responsible for a state civil infraction and may be fined not more

 

than $200.00.

 

     (6) The department of treasury shall waive the driver

 

responsibility fee or any portion of the driver responsibility fee

 

otherwise required to be paid under section 732a(2)(c) or (d) upon

 

receiving verification that the individual successfully completed

 

the community service requirements of this section. The department

 

of treasury shall notify the department of state when it has waived

 

the fee under this section or, if the fee is not waived under this

 

section, that the 45-day period has expired and the fee has not

 

been waived. If the secretary of state is notified by the

 

department of treasury that the fee has not been waived, the

 

department of state shall enter that information into the records

 

of the department and shall suspend the individual's driver license

 

and proceed as provided by law for the individual's failure to pay

 

the driver responsibility fee or to complete community service

 

under this section.

     (7) As used in this section, "community service" means

 

engaging in a useful and productive activity without compensation

 

for a person other than a family member, including, but not limited

 

to, an entity organized under section 501(c)(3) of the internal

 

revenue code, 26 USC 501, and community service offered through the

 

Michigan community service commission.

 

     Sec. 801e. (1) When a moped required to be registered under

 

this act is sold by a retailer to a general purchaser, the

 

certificate of registration shall be obtained in the name of the

 

purchaser by the retailer. In other cases, the certificate of

 

registration shall be obtained by the purchaser. The application

 

shall be signed by the purchaser of the moped and shall be

 

accompanied by a fee of $15.00. Upon receipt of the application in

 

approved form, the secretary of state shall enter the application

 

upon the secretary of state's records and issue to the applicant a

 

certificate of registration containing the decal for the moped, the

 

name and address of the owner, and other information the secretary

 

of state considers necessary. A moped shall not be required to be

 

insured in the manner specified for motor vehicles under chapter 31

 

of Act No. 218 of the Public Acts of 1956, as amended, being

 

sections 500.3101 to 500.3179 of the Michigan Compiled Laws. The

 

certificate of registration shall be pocket size, shall accompany

 

the vehicle, shall be legible, and shall be made available for

 

inspection upon demand by a law enforcement officer.

 

     (2) A decal indicating that the certificate of registration is

 

in full force and effect shall be issued. A registration

 

certificate and decal shall not be issued earlier than 90 days

preceding the commencement date of the new registration period.

 

Display of the decal shall be as prescribed by rule promulgated by

 

the secretary of state.

 

     (3) A retailer or manufacturer of mopeds, upon application to

 

the secretary of state upon forms provided by the secretary of

 

state, may obtain certificates of registration for use in the

 

testing or demonstrating of a moped upon payment of $10.00 for each

 

of the first 2 registration certificates. Additional certificates

 

may be issued at a cost of $5.00 each and used by the applicant

 

only in the testing or demonstrating of mopeds by temporary

 

placement of the registration on the moped being tested or

 

demonstrated. A certificate issued pursuant to under this

 

subsection may be used on only 1 moped at any given time.

 

     (4) A moped registration shall be valid for a 3-year period

 

which that begins on May 1 and expires on April 30 of the third

 

registration year. For purposes of this subsection, a registration

 

year begins on May 1 and ends on April 30.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

if the civil infraction was a moving violation that resulted in an

 

at-fault collision with another vehicle, a person, or any other

 

object, the civil fine ordered under this section shall be

 

increased by $25.00 but the total civil fine shall not exceed

 

$100.00. However, for a violation of section 602b, the person shall

 

be ordered to pay costs as provided in subsection (4) and a civil

 

fine of $100.00 for a first offense and $200.00 for a second or

 

subsequent offense. For a violation of section 674(1)(s) or a local

 

ordinance substantially corresponding to section 674(1)(s), the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of not less than $100.00 or more than $250.00. For

 

a violation of section 676c, the person shall be ordered to pay

 

costs as provided in subsection (4) and a civil fine of $1,000.00.

 

For a violation of section 328, the civil fine ordered under this

 

subsection shall be not more than $50.00. For a violation of

 

section 710d, the civil fine ordered under this subsection shall

 

not exceed $10.00, subject to subsection (12). For a violation of

 

section 710e, the civil fine and court costs ordered under this

 

subsection shall be $25.00. For a violation of section 682 or a

 

local ordinance substantially corresponding to section 682, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of not less than $100.00 or more than $500.00. For

 

a violation of section 240, the civil fine ordered under this

 

subsection shall be $15.00. For a violation of section 252a(1), the

 

civil fine ordered under this subsection shall be $50.00. For a

 

violation of section 676a(3), the civil fine ordered under this

 

section shall be not more than $10.00. For a first violation of

section 319f(1), the civil fine ordered under this section shall be

 

not less than $2,500.00 or more than $2,750.00; for a second or

 

subsequent violation, the civil fine shall be not less than

 

$5,000.00 or more than $5,500.00. For a violation of section

 

319g(1)(a), the civil fine ordered under this section shall be not

 

more than $10,000.00. For a violation of section 319g(1)(g), the

 

civil fine ordered under this section shall be not less than

 

$2,750.00 or more than $25,000.00. Permission may be granted for

 

payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

 

is included in the order or judgment, the civil fine and costs

 

shall be are payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 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 collected to the

 

state treasury to be deposited into the justice system fund created

 

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 

civil fine for purposes of section 909.

 

     (14) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in

 

section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (15) (16) If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under this

 

act or a local ordinance substantially corresponding to a provision

 

of this act and the civil infraction arises out of the ownership or

 

operation of a commercial quadricycle, he or she shall be ordered

 

to pay costs as provided in subsection (4) and a civil fine of not

 

more than $500.00.

 

     (16) (17) As used in this section, "moving violation" means an

 

act or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Enacting section 1. Sections 227a and 328 of the Michigan

 

vehicle code, 1949 PA 300, MCL 257.227a and 257.328, are repealed.

 

     Enacting section 2. This amendatory act takes effect January

 

1, 2019.

 

     Enacting section 3. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 5627 (request no.

 

05366'18).

 

     (b) Senate Bill No.____ or House Bill No. 5629 (request no.

 

05366'18 b).

 

     (c) Senate Bill No.____ or House Bill No. 5630 (request no.

 

05366'18 c).

 

     (d) Senate Bill No.____ or House Bill No. 5631 (request no.

05366'18 d).

 

     (e) Senate Bill No.____ or House Bill No. 5632 (request no.

 

05366'18 e).

 

     (f) Senate Bill No.____ or House Bill No. 5633 (request no.

 

05366'18 f).