October 22, 2013, Introduced by Senators CASWELL, JONES, MEEKHOF, BOOHER, HANSEN, COLBECK, ANANICH and NOFS and referred to the Committee on Transportation.
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.
(c) Through September 30, 2012, upon posting an abstract
indicating that an individual has been found guilty for a violation
of section 301, the secretary of state shall assess a $150.00
driver responsibility fee each year for 2 consecutive years.
However, a driver responsibility fee shall not be assessed under
this subdivision for a violation committed on or after October 1,
2012.
(d) Through September 30, 2012, upon posting an abstract
indicating that an individual has been found guilty or determined
responsible for a violation listed in section 328, the secretary of
state shall assess a $200.00 driver responsibility fee each year
for 2 consecutive years. However, a driver responsibility fee shall
not be assessed under this subdivision for a violation committed on
or after October 1, 2012.
(3) The secretary of state shall send a notice of the driver
responsibility assessment, as prescribed under subsection (1) or
(2), to the individual by regular mail to the address on the
records of the secretary of state. If payment is not received
within 30 days after the notice is mailed, the secretary of state
shall send a second notice that indicates that if payment is not
received within the next 30 days, the driver's driving privileges
will be suspended.
(4) The secretary of state may authorize payment by
installment for a period not to exceed 24 months or, alternatively,
the individual may engage in community service under section 732b.
(5) Except as otherwise provided under this subsection and
section 732b, if payment is not received or an installment plan is
not established after the time limit required by the second notice
prescribed under subsection (3) expires, the secretary of state
shall suspend the driving privileges until the assessment and any
other fees prescribed under this act are paid. However, if the
individual's license to operate a motor vehicle is not otherwise
required under this act to be denied, suspended, or revoked, the
secretary of state shall reinstate the individual's operator's
driving privileges if the individual requests an installment plan
under subsection (4) and makes proper payment under that plan. Fees
required to be paid for the reinstatement of an individual's
operator's driving privileges as described under this subsection
shall, at the individual's request, be included in the amount to be
paid under the installment plan. If the individual establishes a
payment plan as described in this subsection and subsection (4) but
fails to make full or timely payments under that plan or the
individual enters into community service under section 732b but
fails to successfully complete that service within the 45-day
period allowed, 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) After the amount specified in subdivision (a) is credited
to the fire protection fund, the next $1,500,000.00 shall be
credited as follows:
(i) $500,000.00 to the department of treasury for administering
the requirements of the department of treasury under section 732b.
(ii) $1,000,000.00 to the department of state for administering
any ignition interlock program administered by the department of
state.
(c) (b)
Any amount collected after
crediting the amount
amounts
under subdivision subdivisions (a) and (b) 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 engage in 10 hours of community
service as an alternative to paying that fee or any unpaid portion
of that fee. Community service under this subsection shall be
completed within 45 days after the application to engage in
community service is filed with the department of treasury under
subsection (3).
(2) An individual may engage in community service under
subsection (1) by obtaining a community service form from the
secretary of state or the department of treasury. The secretary of
state shall make community service forms available to the public at
all branch offices and on the department's website for purposes of
this section, and shall provide community service forms to the
department of treasury for purposes of this section.
(3) If an individual chooses to engage in community service
under this section, the individual shall complete the community
service form obtained under subsection (2) and return the form to
the department of treasury in the manner prescribed by the
department of treasury by December 31, 2015. Upon receiving a
properly completed community service form under this subsection,
the department of treasury shall inform the department of state
that the individual intends to complete community service under
this section as an alternative to paying a driver responsibility
fee or any portion of a driver responsibility fee. If the secretary
of state is notified by the department of treasury that the
individual has elected to complete community service under this
section as an alternative to paying the fee, that fee shall be held
in abeyance for a period of 45 days. If the individual's license is
suspended for failing to pay the driver responsibility fee or
portion of the driver responsibility fee, the department of state
shall, upon payment of the reinstatement fee, reinstate the
individual's driver license.
(4) An individual who engages in 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 secretary of state may allow an individual to
withdraw from that community service before the expiration of the
45-day 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.
(5) Upon completing community service under this section, the
individual may request the person with whom he or she engaged in
community service under this section to verify on the community
service form in the manner designated by the secretary of state
that he or she successfully completed that community service. Upon
verification, the individual may return the community service form
to the department of treasury for purposes of this section. Any
person who falsely verifies community service under this subsection
and any individual who falsely requests the verification of
community service under this section or who returns a community
service form to the department of treasury under this subsection
knowing that his or her community service is falsely verified is
responsible for a state civil infraction and may be fined not more
than $200.00.
(6) 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 receiving verification that the individual successfully
completed the community service requirements of this section. The
department of treasury shall notify the department of state when it
has waived the fee under this section or, if the fee is not waived
under this section, that the 45-day period has expired and the fee
has not been waived. If the secretary of state is notified by the
department of treasury that the fee has not been waived, the
department of state shall enter that information into the records
of the department and shall suspend the individual's driver license
and proceed as provided by law for the individual's failure to pay
or to complete community service under this section.
(7) As used in this section, "community service" means
engaging in a useful and productive activity without compensation
for a person other than a family member including, but not limited
to, an entity organized under section 501(c)(3) of the internal
revenue code, 26 USC 501 and community service offered through the
Michigan community service commission.