Bill Text: MI HB4164 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Traffic control; other; option of community service in lieu of payment of driver responsibility fees for certain low-income individuals; provide. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Introduced - Dead) 2011-02-08 - Printed Bill Filed 02/03/2011 [HB4164 Detail]
Download: Michigan-2011-HB4164-Introduced.html
HOUSE BILL No. 4164
February 1, 2011, Introduced by Reps. Oakes, Santana, Howze, Stapleton, Talabi, Liss, Dillon, Rutledge, Stanley, Tlaib, Hovey-Wright, Jackson, Brown, Horn, Durhal and Womack and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 732a (MCL 257.732a), as amended by 2010 PA 155,
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).
or, beginning October 31, 2010, section
601d
or 626(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) 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.
(d) 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.
(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 a work 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 or is
accepted for a program of work under section 732b. 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, the secretary of
state shall suspend the individual's driving privileges. The
secretary of state shall only reinstate a license under this
subsection once.
(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
energy, labor, and economic growth 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 $65,000,000.00 shall be credited to the general
fund.
(b) If more than $65,000,000.00 is collected under this
section, the next amount collected in excess of $65,000,000.00 up
to $68,500,000.00 shall be credited to the fire protection fund
created in this section.
(c) If more than $100,000,000.00 is collected under this
section, the next amount collected in excess of $100,000,000.00 up
to $105,000,000.00 shall be credited to the fire protection fund
created in this section.
(d) Any amount collected after crediting the amounts under
subdivisions (a), (b), and (c) 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's income is 200% below the
federal poverty guidelines, an individual may satisfy the driver
responsibility fee assessed under section 732a by working at a
nonprofit corporation as provided in this section.
(2) Within 30 days after receiving a notice described in
section 732a(3), an individual described in subsection (1) may
apply to the secretary of state to work at a nonprofit corporation
in lieu of paying his or her driver responsibility fee. The
application shall be on a form as prescribed by the secretary of
state. The secretary of state shall grant the individual's request
under this subsection unless the individual has previously failed
to complete a program of work as described in this section. The
term of a program of work shall be 12 months for each $250.00 owed,
but not more than 24 months.
(3) An individual whose application is accepted under
subsection (2) shall work 1 hour for a nonprofit corporation for
each $25.00 of driver assessment fee due and owing under section
732a and shall obtain verification of that work from an agent of
the nonprofit corporation on a form developed and provided by the
secretary of state for the purpose. The individual shall not
receive remuneration from the nonprofit corporation for work done
under this subsection. Upon completion of the work, the individual
shall submit the verification obtained from the nonprofit
corporation to the secretary of state.
(4) Work performed under this subsection shall be completed,
and work verification shall be obtained and submitted to the
secretary of state, within 24 months after the date the secretary
of state grants a request under subsection (2).
(5) An individual whose request under subsection (2) is
accepted but who fails to complete a program of work under this
section is liable to pay the full driver responsibility fee
assessed under section 732a and is subject to any licensing
sanctions prescribed under that section.
(6) An individual who submits a forged or otherwise false or
inaccurate work verification to the secretary of state under this
section is guilty of a misdemeanor punishable by imprisonment for
not more than 90 days or a fine of not more than $500.00, or both.
(7) The secretary of state shall not suspend an individual's
driving privileges during the term of an approved work program.
(8) As used in this section:
(a) "Federal poverty guidelines" means the federal poverty
guidelines published annually in the federal register by the United
States department of health and human services under its authority
to revise the poverty line under 42 USC 9902.
(b) "Nonprofit corporation" means that term as defined in
section 108 of the nonprofit corporation act, 1982 PA 162, MCL
450.2108.