Bill Text: MI HB4816 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Traffic control; other; driver responsibility fees; eliminate. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).
Spectrum: Moderate Partisan Bill (Democrat 20-5)
Status: (Introduced - Dead) 2011-06-28 - Printed Bill Filed 06/24/2011 [HB4816 Detail]
Download: Michigan-2011-HB4816-Introduced.html
HOUSE BILL No. 4816
June 23, 2011, Introduced by Reps. Dillon, Switalski, Bledsoe, Irwin, Haugh, Agema, Tlaib, Nathan, Smiley, Brunner, Stapleton, Stanley, Talabi, Stallworth, Haveman, Lyons, Roy Schmidt, Meadows, Darany, Lindberg, Yonker, Durhal, Howze and Goike and referred to the Committee on Appropriations.
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 Through December
31, 2011, 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 Through December
31, 2011, for each additional point accumulated above 7 points not
listed under subsection (2), an additional fee of $50.00 shall be
assessed.
The Subject to subsection
(7), 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 Through December 31,
2011, 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 Through December 31,
2011, 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 Through December 31,
2011, 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 Through December 31,
2011, 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 Through December 31,
2011, 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 and
subject to subsection (7), 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 and any portion of a driver
responsibility fee shall not be assessed or collected on or after
January 1, 2012.
(8) (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.
(9) (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.
(10) (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.
(11) (10)
The collection of assessments under
this section is
subject to section 304.
