Bill Text: MI HB5103 | 2023-2024 | 102nd Legislature | Chaptered
Bill Title: Traffic control: driver license; certain requirements for obtaining a driver license; remove. Amends secs. 303 & 304 of 1949 PA 300 (MCL 257.303 & 257.304).
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2024-05-22 - Assigned Pa 42'24 [HB5103 Detail]
Download: Michigan-2023-HB5103-Chaptered.html
Act No. 42
Public Acts of 2024
Approved by the Governor
May 22, 2024
Filed with the Secretary of State
May 22, 2024
EFFECTIVE DATE: Sine Die
(91st day after final adjournment of the 2024 Regular Session)
state of michigan
102nd Legislature
Regular session of 2024
Introduced by Reps. McKinney, Shannon, Tyrone Carter, Coffia, Hood, Morgan, Andrews, McFall and Aiyash
ENROLLED HOUSE BILL No. 5103
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 303 and 304 (MCL 257.303 and 257.304), section 303 as amended by 2020 PA 376 and section 304 as amended by 2023 PA 125.
The People of the State of Michigan enact:
Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following individuals:
(a) An individual, as an operator, who is less than 18 years of age, except as otherwise provided in this act.
(b) An individual, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act.
(c) 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 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) An individual who in the opinion of the secretary of
state is afflicted with or suffering from a physical or mental disability or
disease that prevents the individual from exercising reasonable and ordinary
control over a motor vehicle while operating the motor vehicle on the highways.
(e) An individual who is unable to understand highway warning or direction signs in the English language.
(f) An individual who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with 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 nonresident, including, but not limited to, a foreign exchange student.
(h) 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 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.
(i) 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. 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 individual had been licensed at the time of the violation.
(j) An individual not licensed under this act who is determined to have violated section 624a or 624b. The 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 individual been licensed at the time of the violation.
(k) An individual whose commercial driver license application is canceled under section 324(2).
(l) Unless otherwise eligible under section 307(1), an individual who is not a citizen of the United States.
(2) On receiving the appropriate records of conviction, the secretary of state shall revoke the operator’s or chauffeur’s license of an individual and deny issuance of an operator’s or chauffeur’s license to an individual who has any of the following, whether under a law of this state, a local ordinance that substantially corresponds to a law of this state, a law of another state that substantially corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially 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 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 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:
(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.
(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 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 individual rebuts by clear and convincing evidence the presumption that results from the prima facie evidence that the individual is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that the individual is a habitual offender.
(c) The individual meets the requirements of the department.
(5) The secretary of state shall deny issuing a vehicle group designation to an individual under either of the following circumstances:
(a) The individual has been disqualified by the United States Secretary of Transportation from operating a commercial motor vehicle.
(b) Beginning on and after January 30, 2012, the 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 individual intends to perform and, if required, fails to present to the secretary of state a valid medical certification.
(6) Multiple convictions or civil infraction determinations that result from the same incident must be treated as a single violation for purposes of denial or revocation of a license under this section.
(7) As used in this section, “felony in which a motor vehicle was used” means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to 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.
(c) The vehicle was used to flee the scene 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 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 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 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 corresponds to section 625(1), (3), or (6), or a law of the United States that substantially corresponds to section 625(1), (3), or (6).
(2) A restricted license issued under subsection (1) must not be issued until after the individual’s operator’s or chauffeur’s license has been suspended or revoked for 45 days and the judge assigned to a specialty court certifies to the secretary of state that both of the following conditions have been met:
(a) The individual has been admitted into a specialty court interlock 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 individual is otherwise ineligible for an operator’s or chauffeur’s license under this act, unless the individual’s ineligibility is based on 1 or more of the following:
(a) Section 303(1)(h) or (j).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 320(1)(d).
(f) Section 321a(1) or (2).
(g) Section 323c.
(h) Section 625f.
(i) Section 732a(5).
(j) Section 904(10).
(k) Section 82105a(2) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82105a.
(l) Section 3177 of the insurance code of 1956, 1956 PA 218, MCL 500.3177.
(m) 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 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 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 individual’s residence.
(ii) The 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 individual is enrolled as a student.
(viii) A place of regularly occurring medical treatment for a serious condition or medical emergency for the individual or a member of the 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 individual shall carry proof of the individual’s destination and the hours of any employment, class, or other reason for traveling and shall display that proof 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 individual has successfully completed the specialty 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 individual demonstrates that the individual has
operated with an ignition interlock device for not less than 1 year.
(d) The 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 individual consumed any alcohol during the period that the individual’s 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 individual consumed or otherwise used any controlled substance during the period that the individual’s 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 specialty court program and a certificate from the specialty court judge must be considered positive evidence of the petitioner’s abstinence while the petitioner participated in the specialty 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 specialty court program.
(9) If the secretary of state receives a notification from a specialty court, 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 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 individual completes the specialty 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 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 individual operates a motor vehicle without an ignition interlock device that meets the criteria under subsection (2)(b).
(ii) The individual removes, or causes to be removed, an ignition interlock device from a vehicle the individual owns or operates unless the secretary of state has authorized its removal under section 322a.
(iii) The individual commits any other act that would be a major violation if the 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 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 corresponds to section 625.
(C) A law of the United States that substantially corresponds to section 625.
(c) If the individual is convicted of or found responsible for any offense that requires the suspension, revocation, denial, or cancellation of the 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 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) The vehicle of an individual admitted to the specialty court interlock 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 individual is a specialty court interlock program
participant in good standing or the individual successfully satisfactorily
completes the specialty court interlock program.
(b) The individual does not subsequently violate a law of this state for which vehicle immobilization or forfeiture is a sanction.
(12) This section only applies to individuals arrested for a violation of section 625 on or after January 1, 2011.
Enacting section 1. This amendatory act takes effect March 1, 2024.
Clerk of the House of Representatives
Secretary of the Senate
Approved___________________________________________
____________________________________________________
Governor
