ALLOW COURT TO GRANT

RESTRICTED DRIVER LICENSE

House Bill 4436 as introduced

Sponsor:  Rep. Peter J. Lucido

Committee:  Judiciary

Complete to 10-5-15

SUMMARY:

Under Section 323 of the Michigan Vehicle Code, a person may appeal to the circuit court a final determination issued by the Secretary of State pertaining to a driver license suspension, revocation, or restriction.  Under certain circumstances, a court can set aside the Secretary of State's determination, but the court is prohibited from granting restricted driving privileges.

House Bill 4436 would amend the Michigan Vehicle Code to allow the court to grant restricted driving privileges when reviewing a final determination by the Secretary of State that results in a denial, suspension, restriction, or revocation under the Code.

MCL 257.323

FISCAL IMPACT:

The bill would have an indeterminate fiscal impact on the judiciary and local court funding units.  The fiscal impact would depend on how the provisions of the bill affected caseloads and related administrative costs. 

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Robin Risko

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.