SENATE BILL No. 750

 

 

September 13, 2005, Introduced by Senators JELINEK, SWITALSKI, CROPSEY, GOSCHKA, BISHOP and KUIPERS 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 2004 PA 52.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 732a. (1)  An  Except as provided in subsection (12), an

 

individual, whether licensed or not, who accumulates 7 or more

 

points on his or her driving record pursuant to 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  Except as provided in subsection (12), 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 of an abstract 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), 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) Upon posting of an abstract 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.

 

     (iii) Section 904.

 

     (iv) Section 3101, 3102(1), or  3103  3103(1) of the insurance

 

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

 

     (c) Upon posting of an abstract 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) Subject to subsection (8), upon posting of an abstract

 

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 an amount of $500.00 or more for a period not to

 

exceed 12 months.

 

     (5) 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.

 

     (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)  Not more than 60 days after the effective date of the

 

amendatory act that added this subsection  Before July 1, 2004, if

 

an individual who was issued a citation for a violation of section

 

328(1) for failing to produce a certificate of insurance from

 

October 1, 2003 until  the date the amendatory act that added this

 

subsection takes effect  May 1, 2004 presents a certificate of

 

insurance that was in effect at the time the individual was issued

 

the citation to the court that forwarded the abstract, the court

 

shall rescind the abstract. After the court rescinds the abstract

 

as described in this subsection, the court shall notify the

 

secretary of state, which shall refund, waive, or both refund and

 

waive the driver responsibility fee corresponding to the violation,

 

as appropriate.

 

     (9) 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  

 

consumer and industry services  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) 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) For fiscal year 2003-2004, $3,500,000.00 is appropriated

 

from the fire protection fund described in subsection (9) to the

 

department of  consumer and industry services  labor and economic

 

growth for the purposes described under subsection (9).

 

     (12) An individual who is less than 18 years of age and who

 

has not begun or enrolled in a driver education course as that term

 

is defined in section 1 of the driver education and training

 

schools act, 1974 PA 369, MCL 256.601, shall not be assessed a

 

driver responsibility fee.