Bill Text: MI HB4188 | 2011-2012 | 96th Legislature | Introduced


Bill Title: Fire; other; eligibility for fire protection grants; expand to include international border crossings. Amends sec. 732a of 1949 PA 300 (MCL 257.732a). TIE BAR WITH: HB 4189'11

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-02-08 - Printed Bill Filed 02/03/2011 [HB4188 Detail]

Download: Michigan-2011-HB4188-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4188

 

February 1, 2011, Introduced by Rep. Gilbert and referred to the Committee on Local, Intergovernmental, and Regional Affairs.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

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

 

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.

 

     (5) Except as otherwise provided under this subsection, 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

 

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 or an

 

international border crossing 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.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4189(request no.

 

00475'11 a) of the 96th Legislature is enacted into law.

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