HB-6455, As Passed House, September 25, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 6455

     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 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 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 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 Upon the posting of 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 an any amount of $500.00 or more money for a period

not to exceed 12 24 months.

     (5) If Except as otherwise provided under this subsection, 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.

     (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, 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

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.

(8) (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.

(9) (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.

(10) (11) For fiscal year 2003-2004, $3,500,000.00 is

appropriated from the fire protection fund described in subsection

(9) (8) to the department of consumer and industry services labor

and economic growth for the purposes described under subsection (9)

(8).