January 25, 2012, Introduced by Reps. Stapleton, Liss, Talabi, Lipton, Stanley, Geiss, Howze, Cavanagh, Stallworth, Dillon, Smiley, Brunner, Hobbs, Darany, Roy Schmidt, Barnett, Bledsoe, Hovey-Wright, Nathan, Ananich, Rutledge, Irwin, Tlaib, Lane, Womack, Olumba and Oakes 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 2011 PA 255.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
732a. (1) An Subject to
subsection (6), 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 Subject to
subsection (6), 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).
(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 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)
Through September 30, 2012, upon 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.
However, a driver responsibility fee shall not be assessed under
this
subdivision for a violation committed on or after October 1,
2012.the effective date of the amendatory act that
added subsection
(6).
(d)
Through September 30, 2012, upon 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. However, a driver responsibility fee shall
not be assessed under this subdivision for a violation committed on
or
after October 1, 2012.the
effective date of the amendatory act
that added subsection (6).
(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 on the effective
date of the amendatory act that added subsection (6), 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 on the effective date of the amendatory act that
added this subsection, 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.
(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 on the effective date of the amendatory act that
added subsection (6), 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) 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.
(11) (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.
(12) (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 $8,500,000.00 shall be credited to the fire
protection fund created under this section.
(b) Any amount collected after crediting the amount under
subdivision (a) shall be credited to the general fund.
(13) (10)
The collection of assessments under
this section is
subject to section 304.