SB-1369, As Passed Senate, December 6, 2012

SUBSTITUTE FOR

SENATE BILL NO. 1369

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 732a (MCL 257.732a), as amended by 2012 PA 203,

and by adding section 732b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 732a. (1) An individual, whether licensed or not, who

accumulates 7 or more points on his or her driving record under

sections 320a and 629c within a 2-year period for any violation not

listed under subsection (2) shall be assessed a $100.00 driver

responsibility fee. For each additional point accumulated above 7

points not listed under subsection (2), an additional fee of $50.00

shall be assessed. The secretary of state shall collect the fees

described in this subsection once each year that the point total on

an individual driving record is 7 points or more.

(2) An individual, whether licensed or not, who violates any

of the following sections or another law or local ordinance that

substantially corresponds to those sections shall be assessed a

driver responsibility fee as follows:

(a) Upon posting an abstract indicating that an individual has

been found guilty for a violation of law listed or described in

this subdivision, the secretary of state shall assess a $1,000.00

driver responsibility fee each year for 2 consecutive years:

(i) Manslaughter, negligent homicide, or a felony resulting

from the operation of a motor vehicle, ORV, or snowmobile.

(ii) Section 601b(2) or (3), 601c(1) or (2), 601d, 626(3) or

(4), or 653a(3) or (4).

(iii) Section 625(1), (4), or (5), section 625m, or section

81134 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.81134, or a law or ordinance substantially

corresponding to section 625(1), (4), or (5), section 625m, or

section 81134 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.81134.

(iv) Failing to stop and disclose identity at the scene of an

accident when required by law.

(v) Fleeing or eluding an officer.

(b) Upon posting an abstract indicating that an individual has

been found guilty for a violation of law listed in this

subdivision, the secretary of state shall assess a $500.00 driver

responsibility fee each year for 2 consecutive years:

(i) Section 625(3), (6), (7), or (8).

(ii) Section ~~626 or, beginning October 31, 2010, section~~

626(2).

(iii) Section 904.

(iv) Section 3101, 3102(1), or 3103 of the insurance code of

1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.

indicating that an individual has been found guilty for a violation

of section 301, the secretary of state shall assess a $150.00

driver responsibility fee each year for 2 consecutive years.

However, a driver responsibility fee shall not be assessed under

this subdivision for a violation committed on or after October 1,

2012.

(d) Through September 30, 2012, upon posting an abstract

indicating that an individual has been found guilty or determined

responsible for a violation listed in section 328, the secretary of

state shall assess a $200.00 driver responsibility fee each year

for 2 consecutive years. However, a driver responsibility fee shall

not be assessed under this subdivision for a violation committed on

or after October 1, 2012.

(3) The secretary of state shall send a notice of the driver

responsibility assessment, as prescribed under subsection (1) or

(2), to the individual by regular mail to the address on the

records of the secretary of state. If payment is not received

within 30 days after the notice is mailed, the secretary of state

shall send a second notice that indicates that if payment is not

received within the next 30 days, or the individual does not

alternatively enter into a community service program under section

732b, if applicable, the driver's driving privileges will be

suspended.

(4) The secretary of state may authorize payment by

installment for a period not to exceed 24 months or a community

service program under section 732b.

(5) Except as otherwise provided under this subsection and

section 732b, if payment is not received or an installment plan is

not established after the time limit required by the second notice

prescribed under subsection (3) expires, the secretary of state

shall suspend the driving privileges until the assessment and any

other fees prescribed under this act are paid. However, if the

individual's license to operate a motor vehicle is not otherwise

required under this act to be denied, suspended, or revoked, the

secretary of state shall reinstate the individual's operator's

driving privileges if the individual requests an installment plan

under subsection (4) and makes proper payment under that plan. Fees

required to be paid for the reinstatement of an individual's

operator's driving privileges as described under this subsection

shall, at the individual's request, be included in the amount to be

paid under the installment plan. If the individual establishes a

payment plan as described in this subsection and subsection (4) but

fails to make full or timely payments under that plan or fails to

complete the community service program under section 732b, the

secretary of state shall suspend the individual's driving

privileges. The secretary of state shall only reinstate a license

under this subsection once. Not later than April 1, 2013, the

secretary of state shall only reinstate a license under this

subsection 3 times.

(6) A fee shall not be assessed under this section for 7

points or more on a driving record on October 1, 2003. Points

assigned after October 1, 2003 shall be assessed as prescribed

under subsections (1) and (2).

(7) A driver responsibility fee shall be assessed under this

section in the same manner for a conviction or determination of

responsibility for a violation or an attempted violation of a law

of this state, of a local ordinance substantially corresponding to

a law of this state, or of a law of another state substantially

corresponding to a law of this state.

(8) The fire protection fund is created within the state

treasury. The state treasurer may receive money or other assets

from any source for deposit into the fund. The state treasurer

shall direct the investment of the fund. The state treasurer shall

credit to the fund interest and earnings from fund investments.

Money in the fund at the close of the fiscal year shall remain in

the fund and shall not lapse to the general fund. The department of

licensing and regulatory affairs shall expend money from the fund,

upon appropriation, only for fire protection grants to cities,

villages, and townships with state-owned facilities for fire

services, as provided in 1977 PA 289, MCL 141.951 to 141.956.

(9) The secretary of state shall transmit the fees collected

under this section to the state treasurer. The state treasurer

shall credit fee money received under this section in each fiscal

year as follows:

(a) The first $8,500,000.00 shall be credited to the fire

protection fund.

(b) Any amount collected after crediting the amount under

subdivision (a) shall be credited to the general fund.

(10) The collection of assessments under this section is

subject to section 304.

Sec. 732b. (1) If an individual was assessed a driver

responsibility fee under section 732a(1) or (2)(c) or (d) before

October 1, 2012, the individual may enter a community service

program approved by the secretary of state as an alternative to

paying that fee or any unpaid portion of that fee. The community

service program shall require the following amounts of community

service to be completed within 6 months after entering into the

program:

(a) For a driver responsibility fee assessed under section

732a(1) or (2)(c), 15 hours. The number of hours of community

service required under this section shall be prorated based upon

any portion of the fee that has been paid.

(b) For a driver responsibility fee assessed under section

732a(2)(d), 20 hours. The number of hours of community service

required under this section shall be prorated based upon any

portion of the fee that has been paid.

(2) An individual may apply for entry into a community service

program under subsection (1) by completing a form as prescribed by

the secretary of state. The court shall grant the individual's

request for community service when the form is properly completed

and returned to the court.

(3) If an individual enters community service under this

section, the department of treasury shall hold the collection of

the driver responsibility fee or the remaining portion of that fee

in abeyance pending the individual's entry and successful

completion of the community service requirements of this section,

or the termination of the community service opportunity by the

court because of the individual's failure to comply with those

requirements, whichever occurs first. The secretary of state shall

not suspend an individual's driving privileges during the term of

the community service program or while the individual is pending

entry into a community service program after having properly

submitted an application for community service under this section.

If the individual's driving privileges are suspended on the

effective date of the amendatory act that added this section only

for failing to pay a driver responsibility fee and no other

suspension or revocation determination is pending, and the

individual properly applies for community service under this

section as an alternative to paying that driver responsibility fee

or any portion of that fee, the secretary of state shall reinstate

the individual's driving privileges without requiring the payment

of a license reinstatement fee pending the individual's entry into

and completion of community service as provided in this section.

(4) The department of treasury shall waive the driver

responsibility fee or any portion of the driver responsibility fee

otherwise required to be paid under section 732a(1) or (2)(c) or

(d) upon proof satisfactory to the court that the individual

completed the community service requirements of this section.

(5) An individual whose request for community service is

accepted but who fails to successfully complete the assigned

community service is liable for the full driver responsibility fee

assessed under section 732a and is subject to the licensing

sanctions prescribed under that section.

(6) An individual who enters community service under this

section shall be allowed only 1 opportunity to complete the

community service alternative for each driver responsibility fee

owed. However, the court may allow an individual to withdraw from

that community service before the expiration of the 6-month period

for completing that community service for good cause shown. If the

individual is allowed to withdraw from community service for good

cause shown, that opportunity for completing community service

shall not be considered in the number of opportunities to perform

community service set forth in this subsection.

(7) The court shall notify the department of treasury when the

individual has successfully completed or has failed to complete his

or her community service under this section.