Substitute For

HOUSE BILL NO. 5846

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 204a, 208, 303, 304, 317, 319, 320e, 321a, 328, and 907 (MCL 257.204a, 257.208, 257.303, 257.304, 257.317, 257.319, 257.320e, 257.321a, 257.328, and 257.907), section 204a as amended by 2016 PA 332, section 208 as amended by 2006 PA 565, section 303 as amended by 2012 PA 498, section 304 as amended by 2018 PA 48, section 317 as amended by 2018 PA 566, section 319 as amended by 2016 PA 358, section 320e as amended by 2003 PA 152, section 321a as amended by 2017 PA 236, section 328 as amended by 2015 PA 135, and section 907 as amended by 2015 PA 126; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 204a. (1) The secretary of state shall create and maintain a computerized central file that provides an individual historical driving record for a natural person with respect to all of the following:

(a) A license issued to the person individual under chapter III.

(b) A conviction, civil infraction determination, or other licensing action that is entered against the person individual for a violation of this act or a local ordinance that substantially corresponding corresponds to a provision of this act, or that is reported to the secretary of state by another jurisdiction.

(c) A failure of the person, individual, including a nonresident, to comply with a suspension issued pursuant to under section 321a.

(d) A cancellation, denial, revocation, suspension, or restriction of the person's individual's operating privilege, a failure to pay a department of state driver responsibility fee, or other licensing action regarding that person, individual, under this act or that is reported to the secretary of state by another jurisdiction. This subdivision also applies to nonresidents.

(e) An accident in which the person individual is involved.

(f) A conviction of the person for an offense described in former section 319e.

(g) Any driving record requested and received by the secretary of state under section 307.

(h) Any notice given by the secretary of state and the information provided in that notice under section 317(3) or (4).317(2) or (3).

(i) Any other information received by the secretary of state regarding the person individual that is required to be maintained as part of the person's individual's driving record as provided by law.

(2) A secretary of state certified computer-generated or paper copy of an order, record, or paper maintained in the computerized central file of the secretary of state is admissible in evidence in the same manner as the original and is prima facie proof of the contents of and the facts stated in the original.

(3) An order, record, or paper generated by the computerized central file of the secretary of state may be certified electronically by the generating computer. The certification shall must be a certification of the order, record, or paper as it appeared on a specific date.

(4) A court or the office of the clerk of a court of this state which that is electronically connected by a terminal device to the computerized central file of the secretary of state may receive into and use as evidence in any case the computer-generated certified information obtained by the terminal device from the file. A duly authorized employee of a court of record of this state may order a record for an individual from a secretary of state computer terminal device located in, and under the control of, the court, and certify in writing that the document was produced from the terminal and that the document was not altered in any way.

(5) After receiving a request for information contained in records maintained under this section, the secretary of state shall provide the information, in a form prescribed by the secretary of state, to any of the following:

(a) Another state.

(b) The United States secretary of transportation.Secretary of Transportation.

(d) A motor carrier employer or prospective motor carrier employer, but only if the person individual who is the subject of the record is first notified of the request as prescribed by the secretary of state.

(e) An authorized agent of a person an individual or entity listed in subdivisions (a) to (d).

Sec. 208. (1) Except as otherwise specified in this section, the secretary of state may destroy any department records maintained on file for 7 years, including the information contained in the central file maintained under section 204a.

(2) Except as otherwise provided in this section, records of convictions of any offense for which points are provided under section 320a(1)(a), (b), (c), or (g) or section 320a(8) may be destroyed after being maintained on file for 10 years. However, if a person an individual is convicted of violating section 625, the record of that conviction shall must be maintained for the life of the person.individual.

(3) If a person an individual who is a commercial license holder or a noncommercial license holder who operates a commercial motor vehicle is convicted under a law of this state, a local ordinance that substantially corresponding corresponds to a law of this state, or a law of another state that substantially corresponding corresponds to a law of this state of any of the following violations, the record of that conviction shall must be maintained for the life of the person individual or until the person individual moves to another jurisdiction:

(a) Operating a vehicle in violation of section 625.

(b) Operating a commercial motor vehicle in violation of section 625m.

(d) Using a vehicle to commit a felony.

(e) Refusing to take an alcohol or controlled substance test required under this act.

(f) Operating a commercial motor vehicle when the person's individual's operator's or chauffeur's license or vehicle group designation is suspended, revoked, or canceled as a result of prior violations committed while operating a commercial motor vehicle.

(g) Operating a commercial motor vehicle when the person individual is disqualified from operating a commercial motor vehicle.

(h) Causing any fatality through the negligent operation of a commercial motor vehicle.

(4) Records of stolen vehicles reported in section 253 may be destroyed after being maintained on file for the year of entry plus 4 years.

(5) Except as otherwise specified in this act, records the secretary of state considers obsolete and of no further service in carrying out the department's powers and duties may be destroyed upon on that determination.

(6) If a record of suspension under section 321a does not contain a conviction for a violation of section 904 or a local ordinance that substantially corresponding corresponds to section 904 during the period of suspension, the secretary of state may destroy the record 180 days after the suspension terminates or as provided in subsections (1) to (5).

(7) The secretary of state may destroy a record of receipt of the notice provided for in section 321a(7) after the court involved informs the secretary of state that all outstanding matters regarding section 321a(7) have been resolved.

(7) (8) The secretary of state may destroy a record maintained pursuant to under section 204a 180 days after the nonresident driver against whom a civil infraction determination is entered complies with an order or judgment issued pursuant to under section 907.

Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following persons:individuals:

(a) A person, An individual, as an operator, who is less than 18 years of age, except as otherwise provided in this act.

(b) A person, An individual, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act.

(c) A person An individual whose license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the person, individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.

(d) A person An individual who in the opinion of the secretary of state is afflicted with or suffering from a physical or mental disability or disease preventing that person prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle upon on the highways.

(e) A person An individual who is unable to understand highway warning or direction signs in the English language.

(f) A person An individual who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with the issuance of issuing an original operator's or chauffeur's license, original motorcycle indorsement, or an original or renewal of a vehicle group designation or vehicle indorsement.

(g) A person An individual who has been convicted of, has received a juvenile disposition for, or has been determined responsible for 2 or more moving violations 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 within the preceding 3 years, if the violations occurred before issuance of an original license to the person in this state, another state, or another country.

(h) A nonresident, including, but not limited to, a foreign exchange student.

(i) A person An individual who has failed to answer a citation or 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, fees, and assessments, in violation of section 321a, until that person individual answers the citation or notice to appear in court or for any matter pending or complies with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, as provided under section 321a.

(j) A person An individual not licensed under this act who has been convicted of, has received a juvenile disposition for, or has been determined responsible for a crime or civil infraction described in section 319, 324, or 904. A person An individual shall be denied a license under this subdivision for the length of time corresponding to the period of the licensing sanction that would have been imposed under section 319, 324, or 904 if the person individual had been licensed at the time of the violation.

(k) A person not licensed under this act who has been convicted of or received a juvenile disposition for committing a crime described in section 319e. A person shall be denied a license under this subdivision for the length of time that corresponds to the period of the licensing sanction that would have been imposed under section 319e if the person had been licensed at the time of the violation.

(k) (l) A person An individual not licensed under this act who is determined to have violated 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 section 624a or 624b. The person individual shall be denied a license under this subdivision for a period of time that corresponds to the period of the licensing sanction that would have been imposed under those sections had the person individual been licensed at the time of the violation.

(l) (m) A person An individual whose commercial driver license application is canceled under section 324(2).

(m) (n) Unless otherwise eligible under section 307(1), a person an individual who is not a citizen of the United States.

(2) Upon On receiving the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's license of a person an individual and deny issuance of an operator's or chauffeur's license to a person having an individual who has any of the following, whether under a law of this state, a local ordinance that substantially corresponding corresponds to a law of this state, a law of another state that substantially corresponding corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponding corresponds to a law of this state:

(a) Any combination of 2 convictions within 7 years for reckless driving in violation of section 626 before October 31, 2010 or, beginning October 31, 2010, 626(2).

(b) Any combination of 2 or more convictions within 7 years for any of the following:

(i) A felony in which a motor vehicle was used.

(ii) A violation or attempted violation of section 601b(2) or (3), section 601c(1) or (2), section 602a(4) or (5), section 617, section 653a(3) or (4), or section 904(4) or (5).

(iii) Negligent homicide, manslaughter, or murder resulting that results from the operation of a vehicle or an attempt to commit any of those crimes.

(iv) A violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

(c) Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of section 625(6) and 1 conviction for any of the following within 7 years:

(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.

(iii) A violation or attempted violation of former section 625b.

(d) One conviction for a violation or attempted violation of section 315(5), section 601b(3), section 601c(2), section 602a(4) or (5), section 617, section 625(4) or (5), section 653a(4), section 904(4) or (5), or, beginning October 31, 2010, section 626(3) or (4).

(e) One conviction of negligent homicide, manslaughter, or murder resulting that results from the operation of a vehicle or an attempt to commit any of those crimes.

(f) One conviction for a violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

(g) Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of section 625(6) and any combination of 2 convictions for any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992:

(ii) A violation or attempted violation of section 625m.

(iii) A violation or attempted violation of former section 625b.

(3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order unless the court order complies with section 323.

(4) Except as otherwise provided under section 304, the secretary of state shall not issue a license under this act to a person an individual whose license has been revoked under this act or revoked and denied under subsection (2) until all of the following occur, as applicable:

(a) The later of the following:

(i) The expiration of not less than 1 year after the license was revoked or denied.

(ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial.

(b) For a denial under subsection (2)(a), (b), (c), and (g), the person individual rebuts by clear and convincing evidence the presumption resulting that results from the prima facie evidence that he or she is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that he or she is a habitual offender.

(5) The secretary of state may deny issuance of an operator's license as follows:

(a) Until the age of 17, to a person not licensed under this act who was convicted of or received a juvenile disposition for violating or attempting to violate section 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school when he or she was less than 14 years of age. A person not issued a license under this subdivision is not eligible to begin graduated licensing training until he or she attains 16 years of age.

(b) To a person less than 21 years of age not licensed under this act who was convicted of or received a juvenile disposition for violating or attempting to violate section 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school when he or she was 14 years of age or older, until 3 years after the date of the conviction or juvenile disposition. A person not issued a license under this subdivision is not eligible to begin graduated licensing training or otherwise obtain an original operator's or chauffeur's license until 3 years after the date of the conviction or juvenile disposition.

(5) (6) The secretary of state shall deny issuance of issuing a vehicle group designation to a person an individual under either of the following circumstances:

(a) The person individual has been disqualified by the United States secretary of transportation Secretary of Transportation from operating a commercial motor vehicle.

(b) Beginning on and after January 30, 2012, the person individual does not meet the requirements of the federal regulations under 49 CFR parts 383 and 391 by refusing to certify the type of commercial motor vehicle operation the person individual intends to perform and, if required, fails to present to the secretary of state a valid medical certification.

(6) (7) Multiple convictions or civil infraction determinations resulting that result from the same incident shall must be treated as a single violation for purposes of denial or revocation of a license under this section.

(7) (8) As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the person individual operated a motor vehicle and while operating the vehicle presented real or potential harm to persons individuals or property and 1 or more of the following circumstances existed:

(a) The vehicle was used as an instrument of the felony.

(b) The vehicle was used to transport a victim of the felony.

(d) The vehicle was necessary for the commission of the felony.

Sec. 304. (1) Except as provided in subsection (3), the secretary of state shall issue a restricted license to a person an individual 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 that substantially corresponding corresponds to section 625(1) or (3).

(b) One conviction for violating section 625(1) or (3) or a local ordinance of this state that substantially corresponding corresponds to section 625(1) or (3), preceded by 1 or more convictions for violating a local ordinance or law of another state that substantially corresponding corresponds to section 625(1), (3), or (6), or a law of the United States that substantially corresponding corresponds to section 625(1), (3), or (6).

(2) A restricted license issued under subsection (1) must not be issued until after the person's individual'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 individual 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 must not be issued under subsection (1) if the person individual is otherwise ineligible for an operator's or chauffeur's license under this act, unless the person's individual's ineligibility is based on 1 or more of the following:

(a) Section 303(1)(i) or (l).(k).

(b) Section 303(2)(c)(i) or (iii).

(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).

(e) Section 319e(2)(a) or (b).

(e) (f) Section 320(1)(d).

(f) (g) Section 321a(1), (2), or (3).321a(1) or (2).

(g) (h) Section 323c.

(h) (i) Section 625f.

(i) (j) Section 732a(5).

(j) (k) Section 904(10).

(k) (l) Section 82105a(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82105a.

(l) (m) Section 3177 of the insurance code of 1956, 1956 PA 218, MCL 500.3177.

(m) (n) Section 10 of the motor vehicle accident claims act, 1965 PA 198, MCL 257.1110.

(4) A restricted license issued under subsection (1) permits the person individual 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 individual'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 individual's residence.

(ii) The person's individual'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 individual is enrolled as a student.

(viii) A place of regularly occurring medical treatment for a serious condition or medical emergency for the person individual or a member of the person's individual's household or immediate family.

(ix) Alcohol or drug testing as ordered by the court.

(x) An ignition interlock service provider as required.

(xi) At the discretion of the judge, the custodian of a minor child may drive to and from the facilities of a provider of day care services at which the custodian's minor child is enrolled, or an educational institution at which the custodian's minor child is enrolled as a student for the purposes of classes, academic meetings or conferences, and athletic or other extracurricular activities sanctioned by the educational institution in which the minor child is a participant. As used in this subparagraph, "minor child" means an individual who is less than 18 years of age.

(5) While driving with a restricted license, the person individual 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 on 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. 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 individual 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 individual demonstrates that he or she has operated with an ignition interlock device for not less than 1 year.

(d) The person individual 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 individual 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 individual 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) 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 must 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) If the secretary of state receives a notification from the DWI/sobriety court under section 1084(7) 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 must not be issued as provided under section 319(8). This subdivision applies if the underlying conviction or convictions would have subjected the person individual 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 must 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) After the person individual 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 individual'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 must be suspended or revoked or denied as provided in subsection (9), unless set aside under section 322(5), if any of the following events occur:

(i) The person individual operates a motor vehicle without an ignition interlock device that meets the criteria under subsection (2)(b).

(ii) The person individual 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 individual commits any other act that would be a major violation if the person's individual'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 individual is arrested for a violation of any of the following:

(A) Section 625.

(B) A local ordinance of this state or another state that substantially corresponding corresponds to section 625.

(c) If the person individual is convicted of or found responsible for any offense that requires the suspension, revocation, denial, or cancellation of the person's individual's operator's or chauffeur's license, the restricted license issued under this section must be suspended until the requisite period of license suspension, revocation, denial, or cancellation, as appropriate, has elapsed.

(d) If the person individual 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 must be suspended pending payment of those fines and costs.

(11) 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 must be held in abeyance as follows:

(a) The fees must be held in abeyance during the time the person individual has a restricted license under this section and is participating in the DWI/sobriety court program.

(b) Except as otherwise provided in this subdivision, at the end of the person's individual's participation in the DWI/sobriety court program, the driver responsibility fees must be assessed and paid under the payment schedule described in section 732a. If the person's individual's participation in the DWI/sobriety court program is completed on or after October 1, 2018, the driver responsibility fees are waived and shall must not be collected.

(12) 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 individual is a DWI/sobriety court program participant in good standing or the person individual successfully satisfactorily completes the DWI/sobriety court program.

(b) The person individual does not subsequently violate a law of this state for which vehicle immobilization or forfeiture is a sanction.

(13) This section only applies to individuals arrested for a violation of section 625 on or after January 1, 2011.

(14) 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. Beginning January 1, 2018, DWI/sobriety court includes only a DWI/sobriety court that is certified by the state court administrative office as provided in section 1084(3) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.

(b) "DWI/sobriety court program" means "program" as that term is defined in section 1084 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1084.

Sec. 317. (1) The secretary of state may suspend, deny, or revoke the right of a nonresident to operate a motor vehicle in this state for a cause for which the license of a resident driver may be suspended, denied, or revoked. A nonresident who drives a motor vehicle upon on a highway when the privilege to drive has been suspended, revoked, or denied by the secretary of state is guilty of a misdemeanor punishable as provided in section 904.

(2) The secretary of state, upon receiving a record of a violation of section 321a(1) by a nonresident in this state, shall notify the motor vehicle administration or other appropriate officer of the state where the nonresident is licensed of that violation. The notification required under this subsection shall be given no later than 6 months after the date the citation was issued to the nonresident. This subsection does not apply unless the governor of this state has entered into an interstate compact requiring the notification described in this subsection. The secretary of state may only share the information described in this subsection to verify driving privileges or licensure status, to report a conviction or withdrawal, or to ensure compliance with 49 CFR 384.209.

(2) (3) The secretary of state, upon on receiving a record of the conviction, civil infraction determination, suspension, revocation, or forfeiture of bail in this state of a nonresident of a violation the record of which is required to be maintained under section 204a, shall forward a certified copy of the record to the motor vehicle administrator or other appropriate officer in the state in which the person individual is a resident.

(3) (4) Within 10 days after an appeal is completed or the appeal period has expired if an appeal is not made in a conviction, civil infraction determination, or bond forfeiture entered against a nonresident in this state for a violation committed while operating a commercial motor vehicle or any violation for a commercial driver license holder regardless of vehicle type, except a parking violation, the secretary of state shall notify the motor vehicle administration or other appropriate officer of the state where the nonresident is licensed of that conviction, determination, or forfeiture.

(4) (5) If the secretary of state suspends, revokes, cancels, or denies the driving privileges of a nonresident for 60 days or more and that nonresident is licensed by another state to operate a commercial motor vehicle, the secretary of state shall, within 10 days after the effective date of the suspension, revocation, cancellation, or denial, forward a notification about that suspension, revocation, cancellation, or denial to the motor vehicle administrator or other appropriate officer of the state where the nonresident is licensed to operate a motor vehicle. A notice given under this subsection must include both the denial, if any, and the violation that caused the suspension, revocation, cancellation, or denial of the nonresident's driving privileges.

Sec. 319. (1) The secretary of state shall immediately suspend a person's an individual's license as provided in this section on receiving a record of the person's individual's conviction for a crime described in this section, whether the conviction is under a law of this state, a local ordinance that substantially corresponding corresponds to a law of this state, a law of another state that substantially corresponding corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponding corresponds to a law of this state.

(2) The secretary of state shall suspend the person's individual'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) (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 individual convicted operated a motor vehicle and while operating the vehicle presented real or potential harm to persons individuals 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.

(d) (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.

(e) (f) Beginning October 31, 2010, a violation of section 601d.

(3) The secretary of state shall suspend the person's individual'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 individual'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 that substantially corresponding corresponds to section 324(1), the secretary of state shall suspend the person's individual's license as follows:

(a) If the person individual has no prior conviction for an offense described in this subsection within 7 years, for 90 days.

(b) If the person individual 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 individual's license as follows:

(a) If the person individual has no prior conviction for that offense within 7 years, for 90 days.

(b) If the person individual 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 individual's license as follows:

(a) Subject to subsection (24), if If the person individual has 1 prior conviction for an offense described in section 624a or 624b, of this act or section 33b(1) of former 1933 (Ex Sess) PA 8, for 90 days. The secretary of state may issue the person individual a restricted license after the first 30 days of suspension.

(b) Subject to subsection (24), if If the person individual has 2 or more prior convictions for an offense described in this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, section 624a or 624b, for 1 year. The secretary of state may issue the person individual a restricted license after the first 60 days of suspension.

(8) The secretary of state shall suspend the person's individual'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 individual has no prior convictions within 7 years. The secretary of state may issue the person individual 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 individual has no prior convictions within 7 years. However, if the person individual 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 individual's ability to operate the vehicle was visibly impaired, the secretary of state shall suspend the person's individual's license under this subdivision for 180 days. The secretary of state may issue the person individual 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 individual has no prior convictions within 7 years. The secretary of state may issue the person individual 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 individual 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 individual has no prior convictions within 7 years. The secretary of state may issue the person individual a restricted license after the first 90 days of suspension.

(f) For 90 days for a violation of section 625m if the person individual has no prior convictions within 7 years. The secretary of state may issue the person individual 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 individual has no prior convictions within 7 years or not more than 2 convictions within 10 years. The secretary of state may issue the person individual 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 an individual 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 individual 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 are 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 individual 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 individual 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 are treated as 1 start-up test failure only under this subparagraph.

(iii) Any retest prompted by the device, if not more than 5 minutes after detecting the retest failure the person individual 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 individual's license as follows:

(a) If the person individual has no prior conviction for an offense described in this subsection within 7 years, for 6 months.

(b) If the person individual 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 individual'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.

(11) (13) Except as provided in subsection (15), (13), a suspension under this section shall must be imposed notwithstanding a court order unless the court order complies with section 323.

(12) (14) If the secretary of state receives records of more than 1 conviction of a person resulting an individual that results from the same incident, a suspension shall must be imposed only for the violation to which the longest period of suspension applies under this section.

(13) (15) The secretary of state may waive a restriction, suspension, or revocation of a person's an individual's license imposed under this act if the person individual 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.

(14) (16) The secretary of state shall not issue a restricted license to a person an individual whose license is suspended under this section unless a restricted license is authorized under this section and the person individual is otherwise eligible for a license.

(15) (17) The secretary of state shall not issue a restricted license to a person an individual under subsection (8) that would permit the person individual to operate a commercial motor vehicle.

(16) (18) Except as provided in subsection (17), (15), a restricted license issued under this section shall must permit the person individual 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 individual's employment or occupation.

(b) To and from any combination of the following:

(i) The person's individual's residence.

(ii) The person's individual'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 individual is enrolled as a student.

(vii) A place of regularly occurring medical treatment for a serious condition for the person individual or a member of the person's individual's household or immediate family.

(viii) An ignition interlock service provider as required.

(17) (19) While driving with a restricted license, the person individual 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 on a peace officer's request.

(18) (20) Subject to subsection (22), (20), 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 that substantially corresponding corresponds to a law of this state, or a law of another state that substantially corresponding corresponds to a law of this state:

(a) Except as provided in subsection (21), (19), 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 that results from the operation of a vehicle or an attempt to commit any of those crimes.

(19) (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 that substantially corresponding corresponds to section 625(6), or a law of another state that substantially corresponding corresponds to section 625(6) may be used as a prior conviction.

(20) (22) If 2 or more convictions described in subsection (20) (18) are convictions for violations arising out of the same transaction, only 1 conviction shall must be used to determine whether the person individual has a prior conviction.

(21) (23) Any period of suspension or restriction required under this section is not subject to appeal to the secretary of state.

(24) For purposes of subsection (7), "prior conviction" means either a misdemeanor conviction or a civil infraction determination for a violation of section 703(1) of the liquor control code of 1998, 1998 PA 58, MCL 436.1703.

Sec. 320e. (1) Except as otherwise provided in subsection (2) , or (3), or (4), a person an individual whose operator's or chauffeur's license is suspended, revoked, or restricted pursuant to under section 303, 319, 320, 324, 625, 625b, 625f, 732a, or 904 shall pay a license reinstatement fee of $125.00 to the secretary of state before a license is issued or returned to the person. individual. The increase in the reinstatement fee from $60.00 to $125.00 shall must be imposed for a license that is issued or returned on or after October 1, 1991 regardless of when the license was suspended, revoked, or restricted. Of the increase in the reinstatement fee from $60.00 to $125.00, $25.00 shall must be allocated to the department of state, $10.00 shall must be deposited by the department of treasury in the drunk driving prevention equipment and training fund created under section 625h(1), and $30.00 shall must be deposited by the department of treasury in the drunk driving caseflow assistance fund created under section 625h(5). The fee shall must be waived if the license was suspended or restricted because of the person's individual's mental or physical infirmity or disability.

(2) A person An individual whose operator's or chauffeur's license is suspended, revoked, or restricted pursuant to under section 319(7) shall pay a license reinstatement fee of $125.00 to the secretary of state before a license is issued or returned to the person. individual. The fee shall must be waived if the license was suspended or restricted because of the person's individual's mental or physical infirmity or disability.

(3) A person whose operator's or chauffeur's license is suspended, revoked, or restricted pursuant to section 319e shall pay a license reinstatement fee of $125.00 to the secretary of state before a license is issued or returned to the person. Of the $125.00 fee, $95.00 shall be allocated to the department of state and $30.00 shall be deposited by the department of treasury in the drug case information management fund created under section 323d.

(3) (4) A person Except as provided in subsection (4), an individual whose operator's or chauffeur's license is suspended as provided in section 321c shall pay a license reinstatement fee of $85.00 to the secretary of state before a license is issued or returned to the person. The fee shall 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.

(4) Beginning on the effective date of the 2020 amendatory act that added this subsection, the secretary of state shall waive the reinstatement fee for an individual whose operator's or chauffeur's license was suspended, revoked, or restricted for reasons that are no longer eligible for the suspension, revocation, or restriction of an operator's or chauffeur's license under this act. The secretary of state shall immediately reinstate an operator's or chauffeur's license that was suspended, revoked, or restricted for reasons that are no longer eligible under this act.

(5) The secretary of state shall assess points and take licensing action, including suspending, revoking, or denying a license under this act, according to the law in effect at the time of the conspiracy to commit the offense or at the time the offense was committed or attempted or the civil infraction occurred. If 1 or more of the convictions involved in a licensing sanction is a violation or attempted violation of this act committed or attempted after January 1, 1992, the secretary of state shall apply the law in effect after January 1, 1992.

(6) Judicial review of an administrative licensing sanction under section 303 shall must be governed by the law in effect at the time the offense was committed or attempted. If 1 or more of the convictions involved in an administrative licensing sanction is a violation or attempted violation of this act committed or attempted after January 1, 1992, judicial review of that sanction shall must be governed by the law in effect after January 1, 1992.

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 must not be considered a violation for any purpose under section 320a.

(1) (2) Except as provided in subsection (3), (2), 28 days or more after a person an individual fails to answer a citation, or a notice to appear in court for a violation reportable to the secretary of state under section 732 for which license suspension is allowed under this act or a local ordinance that substantially corresponding corresponds 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, for which license suspension is allowed under this act, or fails to comply with an order or judgment of the court , for a violation for which license suspension is allowed under this act, 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 individual that if the person individual 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 individual's operator's or chauffeur's license. If the person individual 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. individual. The secretary of state shall immediately notify the person individual of the suspension by regular mail at the person's individual's last known address.

(2) (3) If the person an individual is charged with, or convicted of, a violation of section 625, section 626, any driving violation under this act that causes injury, death, or serious impairment of a body function of another individual, a serious offense involving a motor vehicle, or a local ordinance that substantially corresponding corresponds to section 625(1), (2), (3), (6), or (8) or 626, and the person individual fails to answer a citation or a notice to appear in court, or a notice to appear 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 individual's last known address that if the person individual 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 individual's operator's or chauffeur's license. If the person individual 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 individual's operator's or chauffeur's license and notify the person individual of the suspension by first-class mail sent to the person's individual'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)(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.

(3) (5) A suspension imposed under subsection (2) or (3) (1) or (2) remains in effect until both of the following occur:

(a) The secretary of state is notified by each court in which the person individual failed to answer a citation or notice to appear or failed to pay a fine or cost that the person individual has answered that citation or notice to appear or paid that fine or cost.

(b) The person individual 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.

(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 fewer than 3 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.

(4) (10) For the purposes of subsections (5)(a), (8)(a), and (9)(a), subsection (3)(a), the court shall give to the person individual a copy of the information being transmitted to the secretary of state. Upon showing that copy, the person individual 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), (3)(a), even if the information being sent to the secretary of state has not yet been received or recorded by the department.

(5) (11) For each fee received under subsection (5)(b), (8)(b), or (9)(b), (3)(b), the court shall transmit the following amounts on a monthly basis:

(a) Fifteen dollars to the secretary of state. The funds money received by the secretary of state under this subdivision must be deposited in the state general fund and shall must 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.

(c) Fifteen dollars to the juror compensation reimbursement 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.

(6) (13) The secretary of state shall immediately suspend the operator's and chauffeur's license of a person an individual licensed to operate a commercial motor vehicle, or a person an individual who operates a commercial motor vehicle without a license to operate that vehicle, if the person individual 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 individual of the suspension by regular mail at the person's individual's last known address.

(7) (14) A suspension imposed under subsection (13) (6) 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 individual failed to answer a citation, or notice to appear, or failed to pay a fine or cost, that the person individual has answered that citation or notice to appear or has paid the fine or cost.

(8) (15) The secretary of state shall not suspend the person's individual's license under subsection (13) (6) if the person individual 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.

(9) (16) The secretary of state, upon on being informed of the failure of a person an individual to appear or comply as provided in subsection (13), (6), shall not issue a license to the person individual or renew a license for the person individual until the court or authorized administrative tribunal of the other state informs the secretary of state that the person individual has resolved all outstanding matters regarding the notices, orders, or citations.

(10) As used in this section, "a serious offense involving a motor vehicle" means a felony or misdemeanor punishable by at least 93 days in jail, during the commission of which the individual operated a motor vehicle in a manner that presented real or potential harm to a person or property and 1 or more of the following circumstances apply to the offense:

(a) The motor vehicle was used as an instrument of the offense.

(b) The motor vehicle was used to transport a victim of the offense.

(d) The motor vehicle was necessary for the commission of the offense.

Sec. 328. (1) The owner of a motor vehicle who operates or permits the operation of the motor vehicle upon on the highways of this state or the operator of the motor vehicle shall produce, under subsection (2), upon on the request of a police officer, evidence that the motor vehicle is insured under chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179. Subject to section 907(15), 907(14), an owner or operator of a motor vehicle who fails to produce evidence of insurance upon on request under this subsection or who fails to have motor vehicle insurance for the vehicle as required under chapter 31 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 to 500.3179, is responsible for a civil infraction. If a person an individual displays an electronic copy of his or her certificate of insurance using an electronic device, the police officer shall only view the electronic copy of the certificate of insurance and shall not manipulate the electronic device to view any other information on the electronic device. A person An individual who displays an electronic copy of his or her certificate of insurance using an electronic device as provided in this subsection shall is not be presumed to have consented to a search of the electronic device. A police officer may require the person individual to electronically forward the electronic copy of the certificate of insurance to a specified location provided by the police officer. The police officer may then view the electronic copy of the certificate of insurance in a setting in which it is safe for the officer to verify that the information contained in the electronic copy of the certificate of insurance is valid and accurate. This state, a law enforcement agency, or an employee of this state or a law enforcement agency is not liable for damage to or loss of an electronic device that occurs as a result of a police officer's viewing an electronic copy of a certificate of insurance in the manner provided in this section, regardless of whether the police officer or the owner or operator of the vehicle was in possession of the electronic device at the time the damage or loss occurred.

(2) A certificate of insurance, in paper or electronic form and issued by an insurance company, that certifies that the security that meets the requirements of sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, is in force is prima facie evidence that insurance is in force for the motor vehicle described in the certificate of insurance until the expiration date shown on the certificate. The certificate, in addition to describing the motor vehicles for which insurance is in effect, must, if applicable, state the name of each person individual named on the policy, policy declaration, or a declaration certificate whose operation of the vehicle would cause the liability coverage of that insurance to become void.

(3) If, before the appearance date on a citation issued under subsection (1), the defendant submits proof to the court that the motor vehicle had insurance meeting the requirements of sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, at the time the violation of subsection (1) occurred, all of the following apply:

(a) The court shall not assess a fine or costs.

(b) The court shall not forward an abstract of the court record to the secretary of state.

(4) If an owner or operator of a motor vehicle is determined to be responsible for a violation of subsection (1), the court in which the civil infraction determination is entered may require the person individual to surrender his or her operator's or chauffeur's license unless proof that the vehicle has insurance meeting that meets the requirements of sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the court. If the court requires the license to be surrendered, the court shall order the secretary of state to suspend the person's individual's license. The court shall immediately destroy the license and shall forward an abstract of the court record to the secretary of state as required by section 732. Upon On receipt of the abstract, the secretary of state shall suspend the person's individual's license beginning with the date on which the person individual is determined to be responsible for the civil infraction for a period of 30 days or until proof of insurance meeting that meets the requirements of sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218, MCL 500.3101 and 500.3102, is submitted to the secretary of state, whichever occurs later. A person An individual who submits proof of insurance to the secretary of state under this subsection shall pay a service fee of $25.00 to the secretary of state. The person individual shall not be required to be examined under section 320c and shall not be required to pay a replacement license fee.

(5) If an owner or operator of a motor vehicle is determined to be responsible for a violation of subsection (1), the court in which the civil infraction determination is entered shall notify the secretary of state of the vehicle registration number and the year and make of the motor vehicle being operated at the time of the violation. A notification under this subsection shall must be made on the abstract or on a form approved by the supreme court administrator. Upon On receipt, the secretary of state shall immediately enter this information in the records of the department. The secretary of state shall not renew, transfer, or replace the registration plate of the vehicle involved in the violation or allow the purchase of a new registration plate for the vehicle involved in the violation until the owner meets the requirements of section 227a or unless the vehicle involved in the violation is transferred or sold to a person other than the owner's spouse, mother, father, sister, brother, or child.

(6) An owner or operator of a motor vehicle who knowingly produces false evidence under this section 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.

(7) Points shall must not be entered on a driver's record under section 320a for a violation of this section.

(8) This section does not apply to the owner or operator of a motor vehicle that is registered in a state other than this state or a foreign country or province.

Sec. 907. (1) A violation of this act, or a local ordinance that substantially corresponding corresponds to a provision of this act, that is designated a civil infraction shall must not be considered a lesser included offense of a criminal offense.

(2) If a person is determined under sections 741 to 750 to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponding corresponds to a provision of this act, the judge or district court magistrate may order the person to pay a civil fine of not more than $100.00 and costs as provided in subsection (4). However, if the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, a person, an individual, or any other object, the civil fine ordered under this section shall must be increased by $25.00 but the total civil fine shall must not exceed $100.00. However, for a violation of section 602b, the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of $100.00 for a first offense and $200.00 for a second or subsequent offense. For a violation of section 674(1)(s) or a local ordinance that substantially corresponding corresponds to section 674(1)(s), the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not less than $100.00 or more than $250.00. For a violation of section 676c, the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of $1,000.00. For a violation of section 328, the civil fine ordered under this subsection shall be must not be more than $50.00. For a violation of section 710d, the civil fine ordered under this subsection shall must not exceed $10.00, subject to subsection (12). (11). For a violation of section 710e, the civil fine and court costs ordered under this subsection shall must be $25.00. For a violation of section 682 or a local ordinance that substantially corresponding corresponds to section 682, the person shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not less than $100.00 or more than $500.00. For a violation of section 240, the civil fine ordered under this subsection shall must be $15.00. For a violation of section 252a(1), the civil fine ordered under this subsection shall must be $50.00. For a violation of section 676a(3), the civil fine ordered under this section shall be must not be more than $10.00. For a first violation of section 319f(1), the civil fine ordered under this section shall be must not be less than $2,500.00 or more than $2,750.00; for a second or subsequent violation, the civil fine shall be must not be less than $5,000.00 or more than $5,500.00. For a violation of section 319g(1)(a), the civil fine ordered under this section shall be must not be more than $10,000.00. For a violation of section 319g(1)(g), the civil fine ordered under this section shall be must not be less than $2,750.00 or more than $25,000.00. Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments, but unless permission is included in the order or judgment, the civil fine and costs shall must be payable immediately.

(3) Except as provided in this subsection, if a person an individual is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponding corresponds to a provision of this act while driving a commercial motor vehicle, he or she shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.

(4) If a civil fine is ordered under subsection (2) or (3), the judge or district court magistrate shall summarily tax and determine the costs of the action , which that are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Costs shall must not be ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) shall must not be waived unless costs ordered under this subsection are waived. Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.

(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4) and the justice system assessment ordered under subsection (13), (12), the judge or district court magistrate may order the person individual to attend and complete a program of treatment, education, or rehabilitation.

(6) A district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.

(7) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it shall must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.

(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation is not binding upon on the courts having jurisdiction over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout the this state.

(9) If a person has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments upon on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.

(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or a justice system assessment ordered under subsection (13), (12), or an installment of the fine, costs, or assessment, may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(11) If a person fails to comply with an order or judgment issued under this section within the time prescribed by the court, the driver's license of that person shall be suspended under section 321a until full compliance with that order or judgment occurs. In addition to this suspension, the court may also proceed under section 908.

(11) (12) The court may waive any civil fine, cost, or assessment against a person who received a civil infraction citation for a violation of section 710d if the person, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the requirements of section 710d.

(12) (13) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. Upon On payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is not a civil fine for purposes of section 909.

(13) (14) If a person has received a citation for a violation of section 223, the court shall waive any civil fine, costs, and assessment, upon on receipt of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of section 223 occurred.

(14) (15) If a person has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance under section 328(2), the court may waive the fee described in section 328(3)(c) and shall waive any fine, costs, and any other fee or assessment otherwise authorized under this act upon on receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect at the time the violation of section 328(1) occurred. Insurance obtained subsequent to the time of the violation does not make the person eligible for a waiver under this subsection.

(15) (16) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponding corresponds to a provision of this act and the civil infraction arises out of the ownership or operation of a commercial quadricycle, he or she shall must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $500.00.

(16) (17) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance that substantially corresponding corresponds to this act that involves the operation of a motor vehicle and for which a fine may be assessed.

Enacting section 1. Section 319e of the Michigan vehicle code, 1949 PA 300, MCL 257.319e, is repealed.