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.