Bill Text: MI HB5198 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Traffic control; other; certain driver responsibility fees; eliminate, and provide for the removal of points from driving records under certain circumstances. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).

Spectrum: Moderate Partisan Bill (Republican 15-3)

Status: (Introduced - Dead) 2011-12-07 - Printed Bill Filed 12/07/2011 [HB5198 Detail]

Download: Michigan-2011-HB5198-Introduced.html

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HOUSE BILL No. 5198

 

December 6, 2011, Introduced by Reps. Damrow, Johnson, Shirkey, Agema, Lori, Franz, Somerville, Crawford, MacMaster, Olson, Denby, LaFontaine, Shaughnessy, Daley, Durhal, Olumba and Yonker and referred to the Committee on Transportation.

 

     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 September 30, 2012, 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 September

 

30, 2012, 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 (6), 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 Through September 30, 2012, and subject to

 

subsection (6), section 904. Beginning October 1, 2012, section

 

904(4), (5), and (7).

 

     (iv) Section Through September 30, 2012, and subject to

 

subsection (6), 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 September 30, 2012, and subject to subsection

 

(6), 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 September 30, 2012, and subject to subsection

 

(6), 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 (6), 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. However, beginning October 1, 2012, an

 

individual who is paying a driver responsibility fee for violating

 

a law listed under subsection (6) is not required to make payments

 

under the installment plan, or otherwise, for those violations, and

 

the secretary of state shall not suspend the individual's driving

 

privileges under this subsection.

 

     (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).

 

     (6) Beginning October 1, 2012, a driver responsibility fee and

 

any portion of a driver responsibility fee shall not be assessed or

 

collected under any of the following:

 

     (a) Subsection (1).

 

     (b) Section 301.

 

     (c) Section 328.

 

     (d) Section 904(3).

 

     (e) Section 3101, 3102, or 3103 of the insurance code of 1956,

 

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

 

     (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) Beginning October 1, 2012, an individual may petition a

 

court in which the individual pleaded or was otherwise found

 

responsible for operating a motor vehicle while the individual's

 

driving privileges were suspended or revoked for failing to pay a

 

driver responsibility fee under this section to set aside or

 

dismiss 1 or more of those judgments.

 

     (9) A court described in subsection (8) may set aside or

 

dismiss 1 or more judgments for operating a motor vehicle with a

 

suspended or revoked operator's license if the court finds that the

 

judgment or judgments resulted from the individual's failure to pay

 

a driver responsibility fee under this section.

 

     (10) An individual shall pay not more than a total of $500.00

 

to satisfy 1 or more judgments for violating 1 or more of the

 

following laws in 1 or more courts and to obtain an operator's

 

license:

 

     (a) Section 301, 328, or 904(3).

 

     (b) Section 3101, 3102, or 3103 of the insurance code of 1956,

 

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

 

     (11) If the court sets aside or dismisses 1 or more judgments

 

as described subsection (9), the court shall issue an order to the

 

secretary of state to remove all points from the individual's

 

driving record associated with the judgment or judgments and

 

calculated under section 320a or 629c, or both.

 

     (12) (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.

 

     (13) (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 $8,500,000.00 shall be credited

 

to the general fund.fire protection fund created in this section.

 

     (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.

 

     (b) (d) Any amount collected after crediting the amounts under

 

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

 

the general fund.

 

     (14) (10) The collection of assessments under this section is

 

subject to section 304.