October 13, 2015, Introduced by Reps. Kesto, McCready and Lucido and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending the title and sections 20d, 212, 304, 319, 625k, 625l,
and 732a (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k,
257.625l, and 257.732a), the title as amended by 2013 PA 231,
section 20d as added by 2008 PA 462, sections 212 and 319 as
amended by 2015 PA 11, section 304 as amended by 2013 PA 226,
sections 625k and 625l as amended by 2008 PA 461, and section 732a
as amended by 2014 PA 250, and by adding section 625q.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to provide for the registration, titling, sale,
transfer, and regulation of certain vehicles operated upon the
public highways of this state or any other place open to the
general public or generally accessible to motor vehicles and
distressed vehicles; to provide for the licensing of dealers; to
provide for the examination, licensing, and control of operators
and chauffeurs; to provide for the giving of proof of financial
responsibility and security by owners and operators of vehicles; to
provide for the imposition, levy, and collection of specific taxes
on vehicles, and the levy and collection of sales and use taxes,
license fees, and permit fees; to provide for the regulation and
use of streets and highways; to create certain funds; to provide
penalties and sanctions for a violation of this act; to provide for
civil liability of manufacturers, the manufacturers of certain
devices, the manufacturers of automated technology, upfitters,
owners, and operators of vehicles and service of process on
residents and nonresidents; to regulate the introduction and use of
certain evidence; to regulate and certify the manufacturers of
certain devices; to provide for approval and certification of
installers and servicers of certain devices; to provide for the
levy of certain assessments; to provide for the enforcement of this
act; to provide for the creation of and to prescribe the powers and
duties of certain state and local agencies; to impose liability
upon the state or local agencies; to provide appropriations for
certain purposes; to repeal all other acts or parts of acts
inconsistent with this act or contrary to this act; and to repeal
certain parts of this act on a specific date.
Sec. 20d. "Ignition interlock device" or "breath alcohol
ignition interlock device" or "BAIID" means an alcohol
concentration measuring device that prevents a motor vehicle from
being started at any time without first determining through a deep
lung sample the operator's alcohol level, calibrated so that the
motor vehicle cannot be started if the breath alcohol level of the
operator, as measured by the test, reaches a level of 0.025 grams
per 210 liters of breath, and to which all of the following apply:
(a) The device meets or exceeds the model specifications for
breath
alcohol ignition interlock devices (BAIID), 57 FR 11772 -
11787
(April 7, 1992).78 FR 26849 –
26867 (May 8, 2013) or any
subsequent model specifications.
(b) The device utilizes alcohol-specific electrochemical fuel
sensor technology.
(c) As its anticircumvention method, the device installation
uses a positive-negative-positive air pressure test requirement, a
midtest hum tone requirement, or any other anticircumvention method
or technology that first becomes commercially available after July
31, 2007 and that is approved by the department as equally or more
effective.
Sec. 212. (1) If the secretary of state is authorized or
required to give notice under this act or other law regulating the
operation of a vehicle, unless a different method of giving notice
is otherwise expressly prescribed, notice shall be given either by
personal delivery to the person to be notified or by first-class
United States mail addressed to the person at the address shown by
the record of the secretary of state. The giving of notice by mail
is complete upon the expiration of 5 days after mailing the notice.
(2) Any notice required to be provided under this act may be
provided by electronic means.
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to a person
whose license was suspended or restricted under section 319 or
revoked or denied under section 303 based on either of the
following:
(a) Two or more convictions for violating section 625(1) or
(3) or a local ordinance of this state substantially corresponding
to section 625(1) or (3).
(b) One conviction for violating section 625(1) or (3) or a
local ordinance of this state substantially corresponding to
section 625(1) or (3), preceded by 1 or more convictions for
violating a local ordinance or law of another state substantially
corresponding to section 625(1), (3), or (6), or a law of the
United States substantially corresponding to section 625(1), (3),
or (6).
(2) A restricted license issued under subsection (1) shall not
be issued until after the person's operator's or chauffeur's
license has been suspended or revoked for 45 days and the judge
assigned to a DWI/sobriety court certifies to the secretary of
state that both of the following conditions have been met:
(a) The person has been admitted into a DWI/sobriety court
program.
(b) An ignition interlock device approved, certified, and
installed as required under sections 625k and 625l has been
installed on each motor vehicle owned or operated, or both, by the
individual.
(3) A restricted license shall not be issued under subsection
(1) if the person is otherwise ineligible for an operator's or
chauffeur's license under this act, unless the person's
ineligibility is based on 1 or more of the following:
(a)
Section 303(1)(i) 303(1)(i) or (l).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 319e(2)(a) or (b).
(f) Section 320(1)(d).
(g) Section 321a(1), (2), or (3).
(h) Section 323c.
(i) Section 625f.
(j) Section 732a(5).
(k) Section 904(10).
(l) Section 82105a(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82105a.
(m) Section 3177 of the insurance code of 1956, 1956 PA 218,
MCL 500.3177.
(n) Section 10 of the motor vehicle claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license issued under subsection (1) permits
the person to whom it is issued to operate only the vehicle
equipped with an ignition interlock device described in subsection
(2)(b), to take any driving skills test required by the secretary
of state, and to drive to and from any combination of the following
locations or events:
(a) In the course of the person's employment or occupation if
the employment or occupation does not require a commercial driver
license.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol, drug, or mental health education and
treatment as ordered by the court.
(iv) Alcoholics anonymous, narcotics anonymous, or other
court-ordered self-help programs.
(v) Court hearings and probation appointments.
(vi) Court-ordered community service.
(vii) An educational institution at which the person is
enrolled as a student.
(viii) A place of regularly occurring medical treatment for a
serious condition or medical emergency for the person or a member
of the person's household or immediate family.
(ix) Alcohol or drug testing as ordered by the court.
(x) Ignition interlock service provider as required.
(5) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(6) Except as otherwise provided in this section, a restricted
license issued under subsection (1) is effective until a hearing
officer
orders an unrestricted license under section 322. The
Subject to subsection (7), the hearing officer shall not order an
unrestricted license until the later of the following events
occurs:
(a) The court notifies the secretary of state that the person
has successfully completed the DWI/sobriety court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been
completed.
(c) The person demonstrates that he or she has operated with
an ignition interlock device for not less than 1 year.
(d) The person satisfies the requirements of section 303 and R
257.313 of the Michigan administrative code.
(7) A hearing officer shall not issue an unrestricted license
for at least 1 year if either of the following applies:
(a) The hearing officer determines that the person consumed
any alcohol during the period that his or her license was
restricted under this section, as determined by breath, blood,
urine, or transdermal testing unless a second test, administered
within 5 minutes after administering the first test, showed an
absence of alcohol.
(b) The hearing officer determines that the person consumed or
otherwise used any controlled substance during the period that his
or her license was restricted under this section, except as
lawfully prescribed.
(8) (7)
In determining whether to order an
unrestricted
license under subsection (6), the successful completion of the
DWI/sobriety court program and a certificate from the DWI/sobriety
court judge shall be considered positive evidence of the
petitioner's abstinence while the petitioner participated in the
DWI/sobriety court program. This subsection does not apply to a
determination made under subsection (7). As used in this
subsection, "certificate" includes, but is not limited to, a
statement that the participant has maintained a period of
abstinence from alcohol for not less than 6 months at the time the
participant completed the DWI/sobriety court program.
(9) (8)
If the secretary of state receives
a notification from
the DWI/sobriety court under section 1084(6) of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1084, the secretary of
state shall summarily impose 1 of the following license sanctions,
as applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a restricted license shall not be issued
as provided under section 319(8). This subdivision applies if the
underlying conviction or convictions would have subjected the
person to a license sanction under section 319(8) if this section
did not apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license
revocation and denial imposed shall be the same as if this section
did not apply. This subdivision applies if the underlying
conviction or convictions would have caused a license revocation
and denial under section 303 if this section did not apply.
(10) (9)
After the person completes the
DWI/sobriety court
program, the following apply:
(a) The secretary of state shall postpone considering the
issuance of an unrestricted license under section 322 for a period
of 3 months for each act that would be a minor violation if the
person's license had been issued under section 322(6). As used in
this subdivision, "minor violation" means that term as defined in R
257.301a of the Michigan administrative code.
(b) The restricted license issued under this section shall be
suspended
or revoked or denied as provided in subsection (8), (9),
unless
set aside under subsection (6), section
322(5), if any of
the following events occur:
(i) The person operates a motor vehicle without an ignition
interlock device that meets the criteria under subsection (2)(b).
(ii) The person removes, or causes to be removed, an ignition
interlock device from a vehicle he or she owns or operates unless
the secretary of state has authorized its removal under section
322a.
(iii) The person commits any other act that would be a major
violation if the person's license had been issued under section
322(6). As used in this subparagraph, "major violation" means that
term as defined in R 257.301a of the Michigan administrative code.
(iv) The person is arrested for a violation of any of the
following:
(A) Section 625.
(B) A local ordinance of this state or another state
substantially corresponding to section 625.
(C) A law of the United States substantially corresponding to
section 625.
(c) If the person is convicted of or found responsible for any
offense that requires the suspension, revocation, denial, or
cancellation of the person's operator's or chauffeur's license, the
restricted license issued under this section shall be suspended
until the requisite period of license suspension, revocation,
denial, or cancellation, as appropriate, has elapsed.
(d) If the person has failed to pay any court-ordered fines or
costs that resulted from the operation of a vehicle, the restricted
license issued under this section shall be suspended pending
payment of those fines and costs.
(11) (10)
All driver responsibility fees
required to be
assessed by the secretary of state under section 732a for the
conviction or convictions that led to the restricted license under
this section shall be held in abeyance as follows:
(a) The fees shall be held in abeyance during the time the
person has a restricted license under this section and is
participating in the DWI/sobriety court program.
(b) At the end of the person's participation in the
DWI/sobriety court program, the driver responsibility fees shall be
assessed and paid under the payment schedule described in section
732a.
(12) (11)
The vehicle of an individual
admitted to the
DWI/sobriety court program whose vehicle would otherwise be subject
to immobilization or forfeiture under this act is exempt from both
immobilization and forfeiture under sections 625n and 904d if both
of the following apply:
(a) The person is a DWI/sobriety court program participant in
good standing or the person successfully satisfactorily completes
the DWI/sobriety court program.
(b) The person does not subsequently violate a law of this
state for which vehicle immobilization or forfeiture is a sanction.
(13) (12)
This section only applies to
individuals arrested
for a violation of section 625 on or after January 1, 2011.
(14) (13)
As used in this section:
(a) "DWI/sobriety court" means that term as defined in section
1084 of the revised judicature act of 1961, 1961 PA 236, MCL
600.1084.
(b)
"DWI/sobriety court program" means "pilot project" or
"program"
as those terms are defined that
term is defined in
section 1084 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.1084.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
a law of another state substantially corresponding to a law of this
state, or, beginning October 31, 2010, a law of the United States
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or former section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f) Beginning October 31, 2010, a violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3), section 626 before October 31, 2010, or, beginning October
31, 2010, section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary of state shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8)
before October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted license during a specified portion of the suspension,
except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(g) Beginning October 31, 2010, for 1 year for a violation of
section 625(1)(c) if the person has no prior convictions within 7
years or not more than 2 convictions within 10 years. The secretary
of state may issue the person a restricted license, except that the
secretary of state shall not issue a restricted license during the
first 45 days of suspension.
(h) Beginning October 31, 2010, the department shall order a
person convicted of violating section 625(1)(c) not to operate a
motor vehicle under a restricted license issued under subdivision
(g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under
sections 625k and 625l. The ignition interlock device may be
removed after the interlock device provider provides the department
with verification that the person has operated the vehicle with no
instances of reaching or exceeding a blood alcohol level of 0.025
grams per 210 liters of breath. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i) Beginning October 31, 2010, if an individual violates the
conditions of the restricted license issued under subdivision (g)
or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the
secretary of state shall impose an additional like period of
suspension and restriction as prescribed under subdivision (g).
This subdivision does not require an additional like period of
suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) Except as provided in subsection (15), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(14) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(15) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(16) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(17) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(18) Except as provided in subsection (17), a restricted
license issued under this section shall permit the person to whom
it is issued to take any driving skills test required by the
secretary of state and to operate a vehicle under 1 or more of the
following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is
enrolled as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(viii) An ignition interlock service provider as required.
(19) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(20) Subject to subsection (22), as used in subsection (8),
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (21), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c) Beginning October 31, 2010, a violation of section 601d or
section 626(3) or (4).
(21) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(22) If 2 or more convictions described in subsection (20) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
(23) Any period of suspension or restriction required under
this section is not subject to appeal to the secretary of state.
Sec.
625k. (1) The department shall approve an ignition
interlock
device certified by a department-approved laboratory as
complying
with the model specifications for breath alcohol ignition
interlock
devices (BAIID), 57 FR 11772 - 11787 (April 7, 1992).
Subject
to subsection (5), the department shall provide a list of
all
manufacturers of approved certified devices to each person who
is
issued a restricted license that permits the person to drive a
vehicle
only if it is equipped with an ignition interlock device.
The
department shall rotate the order of the providers with each
list
provided under this subsection.An
ignition interlock device
(BAIID) manufacturer seeking certification of a device in this
state shall do all of the following:
(a) Complete an application to the department for
certification of the BAIID.
(b) Submit a report from a department-approved or National
Highway Traffic Safety Administration-approved laboratory
certifying that the BAIID meets or exceeds the model specifications
for BAIIDs, 78 FR 26849 – 26867 (May 8, 2013), or any subsequent
version. Subject to subsection (5), the department shall provide a
list of all manufacturers of approved certified devices to each
person who is approved to be issued a restricted license that
permits the person to drive a vehicle only if equipped with a
BAIID. The department shall rotate the order of the providers with
each list provided under this subsection. Any model of an ignition
interlock device certified by a department-approved laboratory as
complying with the model specifications for breath alcohol ignition
interlock devices (BAIIDs), 57 FR 11772-11787 (April 7, 1992), that
was installed in a vehicle before the effective date of the
amendatory act that added this subdivision may be used in this
state for the 12 months after the effective date of the amendatory
act that added this subdivision.
(c) Ensure that a BAIID is capable of recording a digital
image of the individual providing the sample, and record the time
and date the sample was provided on or logically associated with
the digital image. A BAIID presented to the department for
certification may include additional technological features,
including, but not limited to, the ability to remotely report
information collected by the device.
(d) Agree to ensure proper record keeping in a format approved
by the department and provide testimony relating to any aspect of
the installation, service, repair, use, removal, or interpretation
of any report or information recorded in the data storage system of
a device or performance of any other duties required by this act at
no cost on behalf of the state or any political subdivision of the
state.
(2) The secretary of state shall promulgate rules to implement
this section in compliance with the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(3) The manufacturer of an ignition interlock device shall
bear the cost of that device's certification.
(4) A laboratory that certifies an ignition interlock device
as provided in this section shall immediately notify the department
of that certification.
(5) The department shall not include the manufacturer of a
certified ignition interlock device on the list of manufacturers
published under subsection (1) unless the manufacturer complies
with all of the following:
(a) The manufacturer has filed copies of all of the following
with the department:
(i) A bond executed as provided in section 625o or a letter of
credit.
(ii) Evidence of insurance as described in section
625l.Proof
of liability insurance issued by an insurance company authorized to
do business in this state specifying all of the following:
(A) That the policy is current and shall remain valid during
the duration of device approval.
(B) The name and model number of the device model covered by
the policy.
(C) That the policy has a minimum coverage of $1,000,000.00
per occurrence and $3,000,000.00 in the aggregate.
(D) That the policy will indemnify the department and any
other person injured as a result of any defects in manufacture,
materials, design, calibration, installation, or operation of the
device.
(iii) An affidavit that the ignition interlock device meets or
exceeds all of the following conditions:
(A) Meets the definition in section 20d.
(B) Is set to periodically take samples while the vehicle is
in
operation. and to do both of the following when After the
vehicle is in operation, the device requires a first retest sample
within 5 to 15 minutes of the operator starting the vehicle. The
device prompts second and subsequent retests within 15 to 45
minutes of the first retest. The operator of the vehicle is
afforded not more than 5 minutes to provide a passing retest sample
for each retest prompted by the device. The device accepts multiple
attempts to provide a retest sample without initiating a lockout.
If the device detects an alcohol content of 0.025 grams or more per
210 liters of breath in the person who offers a breath sample or if
a breath sample is not given within the allotted time the device
does all of the following:
(I)
Emit Emits a visible or audible warning signal.
(II)
Render Renders the vehicle inoperable as soon as the
vehicle is no longer being operated, requiring the operator to
provide a breath sample containing a breath alcohol level of less
than 0.025 grams per 210 liters of breath before the vehicle may be
restarted.
(III) Disables the free restart as defined by the National
Highway Traffic Safety Administration standards.
(IV) Activates a violation reset. The device initiates an
audible or visual cue that warns the driver that the device will
enter a permanent lockout in 5 days.
(b)
Provides a list of installers who are authorized to
install
and service its ignition interlock devices to the secretary
of
state.
(b) (c)
Agrees to have service locations
within 50 miles of
any location within this state. A manufacturer may request a waiver
of this requirement from the secretary of state if the manufacturer
is unable to secure an installation facility within 50 miles of any
location in this state. Subject to review, the secretary of state
may determine whether the manufacturer's waiver request shall be
approved. The secretary of state shall only approve a waiver of the
50-mile requirement and designate a location not meeting the 50-
mile requirement as a service center if the service center employs
a BAIID certified installer who shall perform any installation or
service to a BAIID at that location. If the secretary of state
approves a waiver of the 50-mile requirement, that waiver applies
only to the approved location. A manufacturer shall make a separate
request for a waiver of the 50-mile requirement for any additional
installation facility not meeting the 50-mile requirement.
(c) (d)
Agrees to provide an ignition
interlock device without
cost to a person whose gross income for the immediately preceding
tax year based on his or her state income tax return was less than
150% of the official poverty line for that same tax year
established in the poverty guidelines issued by the secretary of
health and human services under 42 USC 9902. A person in whose
vehicle an ignition interlock device is installed without cost
under this subdivision shall pay a maintenance fee to the installer
of not more than $2.00 per day.
(d) (e)
Agrees to comply with the reporting
requirements of
the secretary of state.
(e) (f)
Agrees to periodically monitor
installed ignition
interlock devices and if monitoring indicates that the device has
been circumvented, tampered with, or that a person with a breath
alcohol level of 0.025 or more grams per 210 liters of breath has
attempted to operate the motor vehicle, or both, to communicate all
of the relevant information concerning these facts to the secretary
of
state, or and
to the court ,
or both, as if appropriate.
(6) A manufacturer that has made a filing under subsection (5)
shall immediately notify the department if the device no longer
meets the requirements of subsection (5).
(7)
A person who knowingly provides false information to the
department
under subsection (4) or (5) is guilty of a felony
punishable
by imprisonment for not less than 5 years or more than
10
years or a fine of not less than $5,000.00 or more than
$10,000.00,
or both, together with costs of the prosecution.
(8)
A person who negligently provides false information to the
department
under subsection (4) or (5) is guilty of a misdemeanor
punishable
by imprisonment for not more than 1 year or a fine of
not
more than $1,000.00, or both, together with costs of the
prosecution.
(9)
A person who knowingly fails to comply with subsection (6)
is
guilty of a felony punishable by imprisonment for not less than
5
years or more than 10 years or a fine of not less than $5,000.00
or
more than $10,000.00, or both, together with costs of the
prosecution.
(10)
A person who negligently fails to comply with subsection
(6)
is guilty of a misdemeanor punishable by imprisonment for not
more
than 1 year or a fine of not more than $1,000.00, or both,
together
with costs of the prosecution.
(7) Upon the request of the department, the BAIID manufacturer
shall, at no cost to this state, provide the department with not
less than 2 BAIIDs for each model that is certified under this
section for demonstration and training purposes by the department.
(8) Upon the request of the department, the BAIID manufacturer
shall, at no cost to this state, install 1 of each device that is
certified under this section in a vehicle provided by the
department. Any service performed under this subsection, including,
but not limited to, installation, maintenance, calibration, or
removal, shall be completed at no cost to this state.
(9) Upon the request of the department, for each BAIID model
approved by the department, the BAIID manufacturer shall provide a
total of not less than 10 hours of training to department employees
at no cost to this state. This training shall be held at the times
and locations within the state designated by the department. The
training shall be designed to familiarize department employees with
the installation, operation, service, repair, and removal of the
BAIIDs and include the training and instructions that a BAIID
installer will give to customers. The BAIID manufacturer shall also
provide the department, upon request, with the following
information:
(a) A detailed description of the device, including complete
instructions for installation, operation, service, repair, and
removal of the BAIID.
(b) Complete technical specifications, including detailed
explanations and definitions of all data log entries.
(10) A BAIID manufacturer shall notify the department not less
than 15 days before implementation of any modification, upgrade, or
alteration to any hardware, software, or firmware of a device
certified for use in this state. The notification shall include
both of the following:
(a) A description and explanation of the modification,
upgrade, or alteration and proof satisfactory to the department
that these modifications, upgrades, or alterations do not adversely
affect the ability of the device to satisfy the requirements of
this section and section 625l.
(b) A comprehensive plan of action for the phasing out of the
use of the current device. This plan of action must be approved by
the department prior to the implementation of the plan of action.
(11) Any equipment in the possession of the department that
was retained for certification of the device shall be modified,
upgraded, or altered simultaneously with the implementation of a
plan of action under subsection (10). The department, in its
discretion, may retain a BAIID device regardless of whether the
device is no longer the current version or model of that device.
(12) Material modifications to a certified BAIID device may
require recertification under this section as determined by the
department.
(13) A BAIID manufacturer shall apply to the department
annually for recertification of BAIID devices it manufactures.
(14) The department is responsible for approving BAIID service
centers for operation in this state. The department shall not
approve a BAIID service center unless all of the following
conditions are satisfied:
(a) Only service centers that are BAIID manufacturer and
vendor approved shall install, service, or remove BAIIDs approved
for use in this state.
(b) Except as provided in subdivision (d), beginning July 1,
2016, a BAIID shall only be installed, serviced, or removed in a
motor vehicle repair facility. As used in this subdivision, "motor
vehicle repair facility" means that term as defined in section 2 of
the motor vehicle service and repair act, 1974 PA 300, MCL
257.1302.
(c) A service center shall be located in a fixed facility
within this state.
(d) A business that installs, services, or removes a BAIID,
including a BAIID manufacturer's corporate office located in this
state, that is installing, repairing, or removing BAIID devices on
the effective date of the amendatory act that amended this section
may install, service, and remove BAIIDs in this state without being
certified as a motor vehicle repair facility under the motor
vehicle service and repair act, 1974 PA 300, MCL 257.1302 to
257.1340, if the business employs a certified BAIID installer to
perform any installation, service, or removal of a BAIID.
(e) Each service center shall have not less than 1 individual
who is a mechanic and who possesses a specialty certification in
BAIID service under section 10(1)(j) of the motor vehicle service
and repair act, 1974 PA 300, MCL 257.1310, and holds a BAIID
certification under this section to work as a BAIID installer.
(f) Each service center shall maintain and make available for
inspection records that prove that each certified BAIID installer
working at the service center has been properly trained by the
BAIID manufacturer to service the BAIID for which the center is a
vendor.
(g) Each service center shall provide a designated waiting
area for customers that is separate from the area in which BAIIDs
are installed or serviced.
(h) Only certified BAIID installers and representatives of the
BAIID manufacturer or the department shall be allowed to observe
the installation or removal of a BAIID.
(i) Adequate security measures shall be taken to ensure that
unauthorized personnel are not allowed access to proprietary
materials of BAIID manufacturers or files of customers.
(j) BAIID manufacturer service centers shall install,
maintain, service, and remove all BAIIDs handled by that service
center and perform any other services determined necessary by the
department for using those BAIIDs in this state.
(k) The BAIID manufacturer shall inform the department of a
change in its service center's business address 15 days prior to
the date of any relocation.
(l) BAIIDs approved for use in this state shall only be
serviced by service centers located within this state, unless the
customer is unable to return to this state for service because of a
significant personal hardship.
(m) If a BAIID is serviced by a service center outside of this
state, the BAIID service provider shall ensure that all of the
following requirements are met:
(i) The BAIID operates using the same firmware that is used
for devices in this state.
(ii) The data recorded by the BAIID remain intact on the
device for later retrieval by a service center in this state or the
data are transferred to a BAIID manufacturer database for review.
(n) Service centers shall make the addresses of their
locations available to the department.
(o) BAIIDs for use in this state shall be installed and shall
be removed only in a service center approved by the department for
installing that device under this subsection.
(p) Each application for approval shall be for a single
service center. A separate service center application is required
for each additional service center.
(q) Before issuance of approval, the department may require an
on-site evaluation to ensure compliance with the requirements of
this section and section 625l.
(r) The department's approval of a service center shall be for
a period of 1 year. The renewal process shall be the same as the
initial service center approval process under this section.
(15) The department may conduct inspections of a manufacturer
or a BAIID service center to ensure compliance with this act and
rules promulgated to implement this act. The manufacturer shall pay
for the actual costs to the department in conducting an inspection
under this subsection.
(16) An individual shall not install, service, or remove a
BAIID in this state without being certified by the department under
this section.
(17) All BAIID installations shall be done in a workmanlike
manner by a BAIID certified installer at an approved service center
and shall be in accordance with the standards set forth in this
section and with the requirements of the manufacturer. All BAIIDs
installed shall be in working order and shall perform in accordance
with the standards set forth in this act. All connections shall be
covered with a tamper seal.
(18) Upon completion of the installation of a BAIID required
under this act, the approved BAIID certified installer shall
provide the customer with installation verification in the form and
format designated by the department.
(19) A manufacturer shall ensure that BAIID certified
installers meet the following requirements:
(a) Possess the appropriate certification from the department
under this section.
(b) Possess and maintain all necessary training and skills
required to install, examine, troubleshoot, and verify the proper
operation of BAIIDs.
(c) Possess the tools, test equipment, and manuals needed to
install, inspect, download, calibrate, repair, maintain, service,
and remove BAIID devices.
(d) Provide all persons who will use the vehicle with written
and hands-on training regarding the operation of a vehicle equipped
with the BAIID and ensure that each of those persons demonstrates a
properly delivered alveolar breath sample and an understanding of
how the abort test feature works.
(20) An individual who has been convicted of an alcohol-
related driving offense or any offense classified as a felony in
this state or elsewhere within 5 years before the date of filing an
application for approval as a BAIID certified installer is not
eligible for approval as a BAIID certified installer under this
act.
(21) The following requirements apply to a BAIID certified
installer under this act:
(a) Be not less than 18 years of age.
(b) Possess a valid driver license.
(c) Be a motor vehicle mechanic as defined in section 2 of the
motor vehicle service and repair act, 1974 PA 300, MCL 257.1302,
and possess a specialty certification in BAIID service under
section 10(1)(j) of the motor vehicle service and repair act, 1974
PA 300, 257.1310.
(d) Be certified as a BAIID installer under this section.
(22) To be certified as a BAIID installer under this section,
the individual shall meet all of the following requirements:
(a) Possess a specialty certification in BAIID installation
under section 10(1)(j) of the motor vehicle service and repair act,
1974 PA 300, MCL 257.1310.
(b) Properly complete and file a BAIID installer application
form with the department.
(c) Beginning 180 days after the effective date of the
amendatory act that added this subdivision, be a mechanic who is
certified as a mechanic with a specialty certification in BAIID
service under section (10)(1)(j) of the motor vehicle service and
repair act, 1974 PA 300, MCL 257.1310, and hold a BAIID
certification under this section.
(d) Submit a criminal history report certified by the
department of state police within the immediately preceding 30
days.
(e) Meet the requirements of the department for certification
under this act.
(23) Each application for approval shall be for a single BAIID
installer. A separate BAIID installer application is required for
each additional BAIID installer.
(24) The department's approval of a BAIID installer is for 1
year. The renewal process shall be the same as the initial BAIID
installer approval process under this section.
Sec. 625l. (1) The manufacturer of an ignition interlock
device shall design a warning label, and the person who has an
ignition interlock device shall promptly affix that label to each
ignition interlock device upon installation. The label shall
contain a warning that any person tampering with, circumventing, or
otherwise misusing the device is guilty of a misdemeanor punishable
as provided by law.
(2) A person who is only permitted to operate a motor vehicle
equipped with an ignition interlock device shall not operate a
motor vehicle on which an ignition interlock device is not properly
installed.
(3) A person who has an ignition interlock device installed
and
whose driving privilege is restricted shall not request, or
solicit, or allow any other person to blow into an ignition
interlock device or to start a vehicle equipped with the device for
the purpose of providing the person whose driving privilege is
restricted with an operable vehicle.
(4) A person shall not blow into an ignition interlock device
or start a motor vehicle equipped with the device for the purpose
of providing an operable vehicle to a person who has an interlock
device installed and whose driving privilege is restricted.
(5) A person shall not tamper with or circumvent the operation
of an ignition interlock device.
(6) A person who violates subsection (2), (3), (4), or (5) is
guilty of a misdemeanor punishable by imprisonment for not more
than 6 months or a fine of not more than $5,000.00, or both.
(7) If a law enforcement officer detains the operator of a
motor vehicle for violating a law of this state or a local
ordinance and the operator is a person required to only operate a
motor vehicle with an ignition interlock device properly installed,
but no ignition interlock device is properly installed on the motor
vehicle, the law enforcement officer shall impound the motor
vehicle. If a motor vehicle impounded under this subsection is
individually or jointly owned by the operator, the law enforcement
officer shall do all of the following:
(a) Immediately confiscate the motor vehicle registration
plate and destroy it.
(b) Issue a temporary registration plate for the vehicle in
the same manner prescribed by the secretary of state for temporary
registration plates issued under section 226a or 226b.
(c) Place the temporary registration plate issued under
subdivision (b) on the motor vehicle in the manner prescribed by
the secretary of state.
(d) Notify the secretary of state through the law enforcement
information network in a form prescribed by the secretary of state
that the registration plate was destroyed and a temporary
registration plate was issued to the motor vehicle.
(8) A temporary registration plate issued under this section
is valid until the charges for violating subsection (2) are
dismissed, the person pleads guilty or no contest to the charge, or
the
person is found guilty to of
or is acquitted of the charge.
(9) If the motor vehicle impounded under this section is not
owned individually or jointly by the operator, the law enforcement
officer shall impound the motor vehicle by contacting a local
towing agency. The motor vehicle shall only be returned to the
registered owner.
(10) The owner of a motor vehicle impounded under this section
is liable for the expenses incurred in the removal and storage of
the motor vehicle whether or not it is returned to him or her. The
motor vehicle shall be returned to the owner only if the owner pays
the expenses of removal and storage. If redemption is not made or
the vehicle is not returned as described under this subsection, it
shall be considered an abandoned vehicle and disposed of under
section 252a.
(11)
The state, or the department, its officers, employees, or
agents,
or a court, its officers, employees, or agents are not
liable
in any claim or action that may arise, directly or
indirectly,
out of any act or omission by a manufacturer,
installer,
or servicing agent of an ignition interlock device that
results
in damage to persons or property.
(12)
A person shall not sell, lease, install, or monitor in a
vehicle
in this state an ignition interlock device unless the
ignition
interlock device manufacturer and provider carries
liability
insurance covering product liability, including, but not
limited
to, insurance to indemnify the department and any person
injured
as a result of a design defect or the calibration or
removal
of the ignition interlock device or a misrepresentation
about
the ignition interlock device. The insurance required by this
subsection
shall be in an amount of not less than $1,000,000.00 per
incident.
(13)
The provider of insurance described in this section may
cancel
the insurance upon 30 days' written notice to the department
and
is not liable for a claim arising from an event that occurs
after
the effective date of a cancellation made in compliance with
this
section.
(14)
An ignition interlock device shall be serviced according
to
manufacturer's standards. Service shall include, but not be
limited
to, physical inspection of the device and vehicle for
tampering,
calibration of the device, and monitoring of the data
contained
within the device's memory. Only authorized employees of
the
manufacturer or the department, or other persons approved by
the
court, may observe the installation of a device. Reasonable
security
measures shall be taken to prevent the customer from
observing
the installation of a device or obtaining access to
installation
materials.
Sec. 625q. (1) The secretary of state may investigate a BAIID
installer's compliance with section 625k and shall suspend, revoke,
or deny an individual's certification as a BAIID installer under
section 625k if the secretary of state determines that 1 or more of
the following apply:
(a) The BAIID installer violated section 625k or a rule
promulgated under section 625k.
(b) The BAIID installer committed a fraudulent act in
connection with the installation, monitoring, servicing, or removal
of a BAIID.
(c) The BAIID installer performed improper, careless, or
negligent inspection, installation, monitoring, servicing, or
removal of the BAIID.
(d) The BAIID installer made a false statement of a material
fact regarding his or her actions in inspecting, installing,
monitoring, servicing, or removing a BAIID.
(2) The department shall notify a manufacturer within 14 days
of the date the department decertifies an installer that one of the
manufacturer's installers has been decertified.
(3) A person who knowingly provides false information to the
department under section 625k(4) or (5) is guilty of a felony
punishable by imprisonment for not less than 5 years or more than
10 years or a fine of not less than $5,000.00 or more than
$10,000.00, or both, together with costs of the prosecution.
(4) A person who negligently provides false information to the
department under section 625k(4) or (5) is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of
not more than $1,000.00, or both, together with costs of the
prosecution.
(5) A person who knowingly fails to comply with section
625k(6) is guilty of a felony punishable by imprisonment for not
less than 5 years or more than 10 years or a fine of not less than
$5,000.00 or more than $10,000.00, or both, together with the costs
of prosecution.
(6) A person who negligently fails to comply with section
625k(6) is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $1,000.00, or both,
together with the costs of prosecution.
(7) The department may suspend or revoke the certification of
a manufacturer and its device from the list of approved certified
BAIIDs for any of the following reasons:
(a) The manufacturer, the manufacturer's BAIIDs, or the
manufacturer's installer or service provider no longer complies
with the requirements of section 625k or 625l or the relevant rules
promulgated under section 625k or 625l.
(b) The manufacturer or the installer and service provider
authorized to install and service the manufacturer's BAIIDs have
failed to submit reports required under section 625k or the
relevant rules promulgated under section 625k in a timely manner in
the form prescribed by the department.
(8) Before removing a manufacturer from the list of
manufacturers of approved certified BAIIDs under section 625k, the
administrator shall give the manufacturer written notice of the
reasons for the removal.
(9) The notice issued under subsection (8) shall also indicate
that suspension or revocation will occur 30 days after the date of
the notice unless the manufacturer establishes, to the satisfaction
of the administrator, that both of the following apply:
(a) The conditions set forth in subsection (7)(a) and (b) no
longer exist.
(b) The manufacturer, the manufacturer's BAIIDs, or the
manufacturer's installer or service provider, as applicable, is
complying with the requirements of section 625k or 625l and the
relevant rules promulgated under section 625k or 625l.
(10) The administrator may order a summary suspension or
revocation of the certification of a manufacturer and its device
from the list of approved certified BAIIDs under section 625k for
the following reasons:
(a) Repeated failure to submit reports in a timely manner.
(b) Repeated failure to report violations as required by the
applicable administrative rules.
(c) Repeated submission of inaccurate violation reports or
annual reports to the department.
(d) The manufacturer, installer, or service provider has
provided an individual with a bypass code.
(e) The manufacturer, installer, or service provider has shown
or instructed an individual how to tamper with or circumvent a
BAIID.
(f) The manufacturer, installer, or service provider has
provided a sample to start a vehicle for an individual, in an
attempt to circumvent a BAIID.
(g) The manufacturer, installer, or service provider has
allowed an individual other than the individual specified in
section 625k(14)(h) to observe the installation or removal of a
BAIID.
(h) The BAIID no longer meets the National Highway Safety
Traffic Administration's standards or no longer meets the
requirements of section 625k or 625l.
(11) The manufacturer to whom a summary order is directed
shall immediately comply with that order but, upon application to
the department, shall be afforded a hearing by the department
within 30 days after the date of the application. On the basis of a
hearing under this subsection, the order shall be continued,
modified, or held in abeyance not later than 30 days after the
hearing is held.
(12) The secretary of state may promulgate rules to implement
this section in compliance with the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328.
Sec. 732a. (1) 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 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. This subsection
is subject to subsection (11).
(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) Subject to subsection (11), 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) Subject to subsection (11), 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 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.
(d) Through September 30, 2012, 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.
(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 or, alternatively,
the individual may engage in community service under section 732b.
(5) Except as otherwise provided under this subsection and
section 732b, 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
the individual fails to make full or timely payments under that
plan, or enters into community service under section 732b but fails
to successfully complete that service within the 45-day period
allowed, or withdraws from community service with or without good
cause shown, the secretary of state shall suspend the individual's
driving privileges. The secretary of state shall only reinstate a
license under this subsection once. Not later than April 1, 2013,
the secretary of state shall only reinstate a license under this
subsection 3 times.
(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), but subject to subsection (11).
(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) 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
licensing and regulatory affairs 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) 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 in subsection (8).
(b) For fiscal year 2015, after the amount specified in
subdivision (a) is credited to the fire protection fund created
under subsection (8), the next $1,550,000.00 shall be credited as
follows:
(i) $550,000.00 to the department of treasury, distributed as
follows:
(A) $500,000.00 for administering the requirements of the
department of treasury under section 732b.
(B) $50,000.00 for providing a 1-time-only written notice to
individuals under section 732b(2) of the option of entering into
community service as an alternative to paying a driver
responsibility fee.
(ii) $1,000,000.00 to the department of state for necessary
expenses incurred by the department of state in implementing and
administering
the requirements of section sections
625k and 625q of
the Michigan vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.
Funds appropriated under this subparagraph shall be based upon an
established cost allocation methodology that reflects the actual
costs incurred or to be incurred by the secretary of state during
the fiscal year. However, funds appropriated under this
subparagraph shall not exceed $1,000,000.00 during that fiscal
year.
(c) For fiscal year 2016, after the amount specified in
subdivision (a) is credited to the fire protection fund created
under subsection (8), the next $1,500,000.00 shall be credited as
follows:
(i) $500,000.00 to the department of treasury for
administering the requirements of the department of treasury under
section 732b.
(ii) $1,000,000.00 to the department of state for necessary
expenses incurred by the department of state in implementing and
administering
the requirements of section sections
625k and 625q of
the Michigan vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.
Funds appropriated under this subparagraph shall be based upon an
established cost allocation methodology that reflects the actual
costs incurred or to be incurred by the secretary of state during
the fiscal year. However, funds appropriated under this
subparagraph shall not exceed $1,000,000.00 during that fiscal
year.
(d) For fiscal year 2017 and for each fiscal year thereafter,
after the amount specified in subdivision (a) is credited to the
fire protection fund created under subsection (8), the next
$1,000,000.00 shall be credited to the department of state for
necessary expenses incurred by the department of state in
implementing
and administering the requirements of section sections
625k and 625q of the Michigan vehicle code, 1949 PA 300, MCL
257.625k and 257.625q. Funds appropriated under this subdivision
shall be based upon an established cost allocation methodology that
reflects the actual costs incurred or to be incurred by the
secretary of state during the fiscal year. However, funds
appropriated under this subdivision shall not exceed $1,000,000.00
during any fiscal year.
(e) Any amount collected after crediting the amounts under
subdivisions (a) through (d) shall be credited to the general fund.
(10) The collection of assessments under this section is
subject to section 304.
(11) A driver responsibility fee shall be assessed and
collected under this section as follows:
(a) For an individual who accumulates 7 or more points on his
or her driving record beginning on the following dates, a fee
assessed under subsection (1) shall be reduced as follows:
(i) Beginning October 1, 2015, the assessment shall be 75% of
the fee calculated under subsection (1).
(ii) Beginning October 1, 2016, the assessment shall be 50% of
the fee calculated under subsection (1).
(iii) Beginning October 1, 2018, the assessment shall be 25%
of the fee calculated under subsection (1).
(iv) Beginning October 1, 2019, no fee shall be assessed under
subsection (1).
(b) A fee assessed under subsection (2)(a) or (b) shall be
reduced as follows:
(i) For a violation that occurs on or after October 1, 2015,
100% of the fee shall be assessed for the first year and 50% for
the second year.
(ii) For a violation that occurs on or after October 1, 2016,
100% of the fee shall be assessed for the first year and no fee
shall be assessed for the second year.
(iii) For a violation that occurs on or after October 1, 2018,
50% of the fee shall be assessed for the first year and no fee
shall be assessed for the second year.
(iv) For a violation that occurs on or after October 1, 2019,
no fee shall be assessed under subsection (2)(a) or (b).
(12) It is the intent of the legislature that beginning with
the fiscal year ending September 30, 2018, and each fiscal year
after that, $8,500,000.00 shall be appropriated to the fire
protection fund created under subsection (8).
Enacting section 1. R 257.1005 and R 257.1006 of the Michigan
administrative code are rescinded.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect
unless Senate Bill No. 357 of the 98th Legislature is enacted into
law.