SB-0478, As Passed House, December 13, 2017

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 478

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 321a (MCL 257.321a), as amended by 2012 PA 13.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 321a. (1) A person who fails to answer a citation, or a

notice to appear in court for a violation reportable to the

secretary of state under section 732 or a local ordinance

substantially corresponding to a violation of a law of this state

reportable to the secretary of state under section 732, or for any

matter pending, or who fails to comply with an order or judgment of

the court, including, but not limited to, paying all fines, costs,

fees, and assessments, is guilty of a misdemeanor punishable by

imprisonment for not more than 93 days or a fine of not more than

$100.00, or both. A violation of this subsection or failure to

answer a citation or notice to appear for a violation of section

33b(1) of former 1933 (Ex Sess) PA 8, section 703(1) of the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

a local ordinance substantially corresponding to either of those

sections ~~shall~~ must not be considered a violation for any purpose

under section 320a.

(2) Except as provided in subsection (3), 28 days or more

after a person fails to answer a citation, or a notice to appear in

court for a violation reportable to the secretary of state under

section 732 or a local ordinance substantially corresponding to a

violation of a law of this state reportable to the secretary of

state under section 732, including for a violation of section

703(1)(a) of the Michigan liquor control code of 1998, 1998 PA 58,

MCL 436.1703, or for any matter pending, or fails to comply with an

order or judgment of the court, including, but not limited to,

paying all fines, costs, fees, and assessments, the court shall

give notice by mail at the last known address of the person that if

the person fails to appear or fails to comply with the order or

judgment within 14 days after the notice is issued, the secretary

of state shall suspend the person's operator's or chauffeur's

license. If the person fails to appear or fails to comply with the

order or judgment within the 14-day period, the court shall, within

14 days, inform the secretary of state, who shall immediately

suspend the license of the person. The secretary of state shall

immediately notify the person of the suspension by regular mail at

the person's last known address.

(3) If the person is charged with, or convicted of, a

violation of section 625 or a local ordinance substantially

corresponding to section 625(1), (2), (3), (6), or (8) and the

person fails to answer a citation or a notice to appear in court,

or for any matter pending, or fails to comply with an order or

judgment of the court, including, but not limited to, paying all

fines, costs, and crime victim rights assessments, the court shall

immediately give notice by first-class mail sent to the person's

last known address that if the person fails to appear within 7 days

after the notice is issued, or fails to comply with the order or

judgment of the court, including, but not limited to, paying all

fines, costs, and crime victim rights assessments, within 14 days

after the notice is issued, the secretary of state shall suspend

the person's operator's or chauffeur's license. If the person fails

to appear within the 7-day period, or fails to comply with the

order or judgment of the court, including, but not limited to,

paying all fines, costs, and crime victim rights assessments,

within the 14-day period, the court shall immediately inform the

secretary of state who shall immediately suspend the person's

operator's or chauffeur's license and notify the person of the

suspension by first-class mail sent to the person's last known

address.

(4) If the person is charged with, or convicted of, a

violation of section 33b(1) of former 1933 (Ex Sess) PA 8, section

~~703(1)~~ 703(1)(b) or (c) of the Michigan liquor control code of

1998, 1998 PA 58, MCL 436.1703, section 624a, section 624b, or a

local ordinance substantially corresponding to those sections and

the person fails to answer a citation or a notice to appear in

court issued under section 33b of former 1933 (Ex Sess) PA 8,

section 703 of the Michigan liquor control code of 1998, 1998 PA

58, MCL 436.1703, section 624a, section 624b, or a local ordinance

substantially corresponding to those sections or fails to comply

with an order or judgment of the court issued under section 33b of

former 1933 (Ex Sess) PA 8, section 703 of the Michigan liquor

control code of 1998, 1998 PA 58, MCL 436.1703, section 624a,

section 624b, or a local ordinance substantially corresponding to

those sections including, but not limited to, paying all fines and

costs, the court shall immediately give notice by first-class mail

sent to the person's last known address that if the person fails to

appear within 7 days after the notice is issued, or fails to comply

with the order or judgment of the court, including, but not limited

to, paying all fines and costs, within 14 days after the notice is

issued, the secretary of state shall suspend the person's

operator's or chauffeur's license. If the person fails to appear

within the 7-day period, or fails to comply with the order or

judgment of the court, including, but not limited to, paying all

fines and costs, within the 14-day period, the court shall

immediately inform the secretary of state who shall immediately

suspend the person's operator's or chauffeur's license and notify

the person of the suspension by first-class mail sent to the

person's last known address.

(5) A suspension imposed under subsection (2) or (3) remains

in effect until both of the following occur:

(a) The secretary of state is notified by each court in which

the person failed to answer a citation or notice to appear or

failed to pay a fine or cost that the person has answered that

citation or notice to appear or paid that fine or cost.

(b) The person has paid to the court a $45.00 driver license

clearance fee for each failure to answer a citation or failure to

pay a fine or cost.

(6) The court shall not notify the secretary of state, and the

secretary of state shall not suspend the person's license, if the

person fails to appear in response to a citation issued for, or

fails to comply with an order or judgment involving 1 or more of

the following infractions:

(a) The parking or standing of a vehicle.

(b) A pedestrian, passenger, or bicycle violation, other than

a violation of section 33b(1) or (2) of former 1933 (Ex Sess) PA 8,

section 703(1) or (2) of the Michigan liquor control code of 1998,

1998 PA 58, MCL 436.1703, section 624a or 624b, or a local

ordinance substantially corresponding to section 33b(1) or (2) of

former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section

624a or 624b.

(7) The court may notify a person who has done either of the

following, that if the person does not appear within 10 days after

the notice is issued, the court will inform the secretary of state

of the person's failure to appear:

(a) Failed to answer 2 or more parking violation notices or

citations for violating a provision of this act or an ordinance

substantially corresponding to a provision of this act pertaining

to parking for persons with disabilities.

(b) Failed to answer 3 or more parking violation notices or

citations regarding illegal parking. ~~or, beginning January 1, 2018,~~

~~failed to answer 6 or more parking violation notices or citations~~

~~regarding illegal parking.~~

(8) The secretary of state, upon being informed of the failure

of a person to appear or comply as provided in subsection (7),

shall not issue a license to the person or renew a license for the

person until both of the following occur:

(a) The court informs the secretary of state that the person

has resolved all outstanding matters regarding the notices or

citations.

(b) The person has paid to the court a $45.00 driver license

clearance fee. If the court determines that the person is

responsible for only 1 parking violation under subsection (7)(a) or

~~less~~ fewer than 3 parking violations under subsection (7)(b), ~~or,~~

~~beginning January 1, 2018, less than 6 parking violations under~~

~~subsection (7)(b),~~ for which the person's license was not issued or

renewed under this subsection, the court may waive payment of the

fee.

(9) Not less than 28 days after a person fails to appear in

response to a citation issued for, or fails to comply with an order

or judgment involving, a state civil infraction described in

chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL

600.8801 to 600.8835, the court shall give notice by ordinary mail,

addressed to the person's last known address, that if the person

fails to appear or fails to comply with the order or judgment

described in this subsection within 14 days after the notice is

issued, the court will give to the secretary of state notice of

that failure. Upon receiving notice of that failure, the secretary

of state shall not issue or renew an operator's or chauffeur's

license for the person until both of the following occur:

(a) The court informs the secretary of state that the person

has resolved all outstanding matters regarding each notice or

citation.

(b) The person has paid to the court a $45.00 driver license

clearance fee. If the court determines that the person is not

responsible for any violation for which the person's license was

not issued or renewed under this subsection, the court shall waive

the fee.

(10) For the purposes of subsections (5)(a), (8)(a), and

(9)(a), the court shall give to the person a copy of the

information being transmitted to the secretary of state. Upon

showing that copy, the person ~~shall~~ must not be arrested or issued

a citation for driving on a suspended license, on an expired

license, or without a license on the basis of any matter resolved

under subsection (5)(a), (8)(a), or (9)(a), even if the information

being sent to the secretary of state has not yet been received or

recorded by the department.

(11) For each fee received under subsection (5)(b), (8)(b), or

(9)(b), the court shall transmit the following amounts on a monthly

basis:

(a) Fifteen dollars to the secretary of state. The funds

received by the secretary of state under this subdivision ~~shall~~

must be deposited in the state general fund and shall be used to

defray the expenses of the secretary of state in processing the

suspension and reinstatement of driver licenses under this section.

(b) Fifteen dollars to 1 of the following, as applicable:

(i) If the matter is before the circuit court, to the

treasurer of the county for deposit in the general fund.

(ii) If the matter is before the district court, to the

treasurer of the district funding unit for that court, for deposit

in the general fund. As used in this section, "district funding

unit" means that term as defined in section 8104 of the revised

judicature act of 1961, 1961 PA 236, MCL 600.8104.

(iii) If the matter is before a municipal court, to the

treasurer of the city in which the municipal court is located, for

deposit in the general fund.

fund created in section 151d of the revised judicature act of 1961,

1961 PA 236, MCL 600.151d.

(12) Section 819 does not apply to a reinstatement fee

collected for an operator's or chauffeur's license that is not

issued or renewed under section 8827 of the revised judicature act

of 1961, 1961 PA 236, MCL 600.8827.

(13) The secretary of state shall immediately suspend the

operator's and chauffeur's license of a person licensed to operate

a commercial motor vehicle, or a person who operates a commercial

motor vehicle without a license to operate that vehicle, if the

person fails to answer an out-state citation, or a notice to appear

in a court or an authorized administrative tribunal for a violation

reportable to the secretary of state under section 732, or fails to

comply with an order or judgment of an out-state court or an

authorized administrative tribunal reportable to the secretary of

state under section 732, or fails to appear or fails to comply with

the out-state court or an authorized administrative tribunal order

or judgment reportable to the secretary of state under section 732,

including, but not limited to, paying all fines, costs, fees, and

assessments. For a suspension imposed under this subsection, the

secretary of state shall immediately notify the person of the

suspension by regular mail at the person's last known address.

(14) A suspension imposed under subsection (13) remains in

effect until the secretary of state is notified by the court or

authorized administrative tribunal of the other state in which the

person failed to answer a citation, or notice to appear, or failed

to pay a fine or cost, that the person has answered that citation

or notice to appear or has paid the fine or cost.

(15) The secretary of state shall not suspend the person's

license under subsection (13) if the person fails to appear in

response to a citation issued for, or fails to comply with an order

or judgment involving, the parking or standing of a vehicle.

(16) The secretary of state, upon being informed of the

failure of a person to appear or comply as provided in subsection

(13), shall not issue a license to the person or renew a license

for the person until the court or authorized administrative

tribunal of the other state informs the secretary of state that the

person has resolved all outstanding matters regarding the notices,

orders, or citations.

Enacting section 1. This amendatory act takes effect January

1, 2018.