Bill Text: MI HB4164 | 2011-2012 | 96th Legislature | Introduced

---

Bill Title: Traffic control; other; option of community service in lieu of payment of driver responsibility fees for certain low-income individuals; provide. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.

Spectrum: Strong Partisan Bill (Democrat 16-1)

Status: (Introduced - Dead) 2011-02-08 - Printed Bill Filed 02/03/2011 [HB4164 Detail]

Download: Michigan-2011-HB4164-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4164

 

February 1, 2011, Introduced by Reps. Oakes, Santana, Howze, Stapleton, Talabi, Liss, Dillon, Rutledge, Stanley, Tlaib, Hovey-Wright, Jackson, Brown, Horn, Durhal and Womack and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 732a (MCL 257.732a), as amended by 2010 PA 155,

 

and by adding section 732b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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.

 

     (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) 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). or, beginning October 31, 2010, section

 

601d or 626(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) 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) 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.

 

     (d) 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.

 

     (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 a work program

 

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 or is

 

accepted for a program of work under section 732b. 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 fails to

 

make full or timely payments under that plan, the secretary of

 

state shall suspend the individual's driving privileges. The

 

secretary of state shall only reinstate a license under this

 

subsection once.

 

     (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).

 

     (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

 

energy, labor, and economic growth 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 $65,000,000.00 shall be credited to the general

 

fund.

 

     (b) If more than $65,000,000.00 is collected under this

 

section, the next amount collected in excess of $65,000,000.00 up

 

to $68,500,000.00 shall be credited to the fire protection fund

 

created in this section.

 

     (c) If more than $100,000,000.00 is collected under this

 

section, the next amount collected in excess of $100,000,000.00 up

 

to $105,000,000.00 shall be credited to the fire protection fund

 

created in this section.

 

     (d) Any amount collected after crediting the amounts under

 

subdivisions (a), (b), and (c) shall be credited to the general

 

fund.

 

     (10) The collection of assessments under this section is

 

subject to section 304.

 

     Sec. 732b. (1) If an individual's income is 200% below the

 

federal poverty guidelines, an individual may satisfy the driver

 

responsibility fee assessed under section 732a by working at a

 

nonprofit corporation as provided in this section.

 

     (2) Within 30 days after receiving a notice described in

 

section 732a(3), an individual described in subsection (1) may

 

apply to the secretary of state to work at a nonprofit corporation

 

in lieu of paying his or her driver responsibility fee. The

 

application shall be on a form as prescribed by the secretary of

 

state. The secretary of state shall grant the individual's request

 

under this subsection unless the individual has previously failed

 

to complete a program of work as described in this section. The

 

term of a program of work shall be 12 months for each $250.00 owed,

 

but not more than 24 months.

 

     (3) An individual whose application is accepted under

 

subsection (2) shall work 1 hour for a nonprofit corporation for

 

each $25.00 of driver assessment fee due and owing under section

 

732a and shall obtain verification of that work from an agent of

 

the nonprofit corporation on a form developed and provided by the

 

secretary of state for the purpose. The individual shall not

 

receive remuneration from the nonprofit corporation for work done

 

under this subsection. Upon completion of the work, the individual

 

shall submit the verification obtained from the nonprofit

 

corporation to the secretary of state.

 

     (4) Work performed under this subsection shall be completed,

 

and work verification shall be obtained and submitted to the

 

secretary of state, within 24 months after the date the secretary

 

of state grants a request under subsection (2).

 

     (5) An individual whose request under subsection (2) is

 

accepted but who fails to complete a program of work under this

 

section is liable to pay the full driver responsibility fee

 

assessed under section 732a and is subject to any licensing

 

sanctions prescribed under that section.

 

     (6) An individual who submits a forged or otherwise false or

 

inaccurate work verification to the secretary of state under this

 

section is guilty of a misdemeanor punishable by imprisonment for

 

not more than 90 days or a fine of not more than $500.00, or both.

 

     (7) The secretary of state shall not suspend an individual's

 

driving privileges during the term of an approved work program.

 

     (8) As used in this section:

 

     (a) "Federal poverty guidelines" means the federal poverty

 

guidelines published annually in the federal register by the United

 

States department of health and human services under its authority

 

to revise the poverty line under 42 USC 9902.

 

     (b) "Nonprofit corporation" means that term as defined in

 

section 108 of the nonprofit corporation act, 1982 PA 162, MCL

 

450.2108.