Bill Text: MI HB5043 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Traffic control; other; driver responsibility fees; eliminate collection of for certain individuals who entered into an installment payment program. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-03-06 - Assigned Pa 45'18 With Immediate Effect [HB5043 Detail]
Download: Michigan-2017-HB5043-Introduced.html
HOUSE BILL No. 5043
September 28, 2017, Introduced by Reps. Hauck, Chatfield, Marino, Love, Phelps, Bellino, Santana and Yaroch and referred to the Committee on Michigan Competitiveness.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 732a (MCL 257.732a), as amended by 2016 PA 32.
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. This subsection
is
subject to subsection (11).(10).
(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), (10),
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), (10),
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.
All of the following apply to an individual who, before the
effective date of the amendatory act that added this sentence, has
entered into an installment payment plan as provided in this
subsection:
(a) Any outstanding driver responsibility fee assessed under
this section or outstanding installment payment shall not be
collected.
(b) An individual is not liable for any outstanding driver
responsibility fee assessed under this section.
(c) An individual whose driving privileges were suspended
under this section is eligible to reinstate his or her operator's
license if he or she is otherwise in compliance with this act.
(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).
(6) (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.
(7) (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.
(8) (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).(7).
(b) For fiscal year 2015, after the amount specified in
subdivision (a) is credited to the fire protection fund created
under
subsection (8), (7), 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), (7), 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.
(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), (7), 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.
(e) Any amount collected after crediting the amounts under
subdivisions (a) through (d) shall be credited to the general fund.
(9) (10)
The collection of assessments under
this section is
subject to section 304.
(10) (11)
A Subject to subsection (4),
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).
(11) (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).(7).
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
