March 12, 2008, Introduced by Reps. Gaffney and Hune 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 individual less than 62 years of age,
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 less than 62 years of age, 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 less than
62 years of age 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 less than
62 years of age 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 less than 62 years of age 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, 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 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
for the
purposes
described under subsection (9) (8).