Michigan-2009-HB5274-Engrossed

HB-5274, As Passed Senate, June 8, 2010

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5274

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 219, 303, 319, 625n, 626, 732a, and 904d (MCL

257.219, 257.303, 257.319, 257.625n, 257.626, 257.732a, and

257.904d), section 219 as amended by 2005 PA 317, sections 303,

319, 626, 732a, and 904d as amended by 2008 PA 463, and section

625n as amended by 2008 PA 539, and by adding section 304.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 219. (1) The secretary of state shall refuse issuance of

a registration or a transfer of registration upon any of the

following grounds:

(a) The application contains a false or fraudulent statement,

the applicant has failed to furnish required information or

reasonable additional information requested by the secretary of

state, or the applicant is not entitled to the registration of the

vehicle under this act.

(b) The secretary of state has reasonable ground to believe

that the vehicle is a stolen or embezzled vehicle, or that the

granting of registration would constitute a fraud against the

rightful owner or other person having a valid lien upon the

vehicle.

for any reason provided in the motor vehicle laws of this state.

(d) At the time of the application, the operator's or

chauffeur's license of the owner or co-owner or lessee or co-lessee

is suspended, revoked, or denied, except for an applicant who has

been issued a license under section 304, or the operator has never

been licensed by this state for a third or subsequent violation of

section 625 or 625m, a local ordinance substantially corresponding

to section 625 or 625m, or a law of another state substantially

corresponding to section 625 or 625m, or for a fourth or subsequent

suspension or revocation under section 904.

(e) The required fee has not been paid.

(f) The applicant, at the time of applying for registration or

a transfer of registration other than a temporary registration

issued under section 226b, fails to present a certificate of

compliance or waiver for a motor vehicle as required under either

part 63 or part 65 of the natural resources and environmental

protection act, 1994 PA 451, MCL 324.6301 to 324.6321 and 324.6501

to 324.6539.

(g) The application for registration of a vehicle with an

elected gross weight of 55,000 pounds or more is not accompanied

with proof of payment of the federal highway use tax levied under

the surface transportation assistance act of 1982, Public Law 97-

424.

(2) The secretary of state shall refuse issuance of a

certificate of title or a salvage certificate of title upon any of

the following grounds:

(a) The application contains a false or fraudulent statement,

the applicant has failed to furnish required information or

reasonable additional information requested by the secretary of

state, or the applicant is not entitled to the issuance of a

certificate of title or salvage certificate of title under this

act.

(b) The secretary of state has reasonable ground to believe

that the vehicle is a stolen or embezzled vehicle or that the

issuance of a certificate of title or a salvage certificate of

title would constitute a fraud against the rightful owner or other

person having a valid security interest upon the vehicle.

(3) The secretary of state shall not issue a registration for

a vehicle for which a temporary registration plate was issued under

section 904c until the violation resulting in the issuance of the

plate is adjudicated or the vehicle is transferred to a person who

is subject to payment of a use tax under section 3 of the use tax

act, 1937 PA 94, MCL 205.93.

Sec. 303. (1) The secretary of state shall not issue a license

under this act to any of the following persons:

(a) A person, as an operator, who is less than 18 years of

age, except as otherwise provided in this act.

(b) A person, as a chauffeur, who is less than 18 years of

age, except as otherwise provided in this act.

canceled in any state. If the suspension, revocation, denial, or

cancellation is not from the jurisdiction that issued the last

license to the person, 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 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 from exercising reasonable and

ordinary control over a motor vehicle while operating the motor

vehicle upon the highways.

(e) A person who is unable to understand highway warning or

direction signs in the English language.

(f) A person who is unable to pass a knowledge, skill, or

ability test administered by the secretary of state in connection

with the issuance of 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 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 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 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 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 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 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.

(l) A person 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. ~~of this act.~~ The person 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 been licensed at

the time of the violation.

(m) A person whose commercial driver license application is

canceled under section 324(2).

(n) Unless otherwise eligible under section 307(1), a person

who is not a citizen of the United States.

(2) Upon receiving the appropriate records of conviction, the

secretary of state shall revoke the operator's or chauffeur's

license of a person and deny issuance of an operator's or

chauffeur's license to a person having any of the following,

whether under a law of this state, a local ordinance substantially

corresponding to a law of this state, a law of another state

substantially corresponding to a law of this state, or, beginning

October 31, 2010, a law of the United States substantially

corresponding 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 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.

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 626(3) or (4),~~

section 653a(4), or 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 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) ~~The~~ Except as otherwise provided under section 304, the

secretary of state shall not issue a license under this act to a

person 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 rebuts by clear and convincing evidence the presumption

resulting 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.

(6) The secretary of state shall deny issuance of a vehicle

group designation to a person if the person has been disqualified

by the United States secretary of transportation from operating a

commercial motor vehicle.

(7) Multiple convictions or civil infraction determinations

resulting from the same incident shall be treated as a single

violation for purposes of denial or revocation of a license under

this section.

(8) As used in this section, "felony in which a motor vehicle

was used" means a felony during the commission of which the person

operated a motor vehicle and while operating the vehicle presented

real or potential harm to persons 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

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 substantially corresponding

to section 625(1) or (3).

(b) One conviction for violating section 625(1) or (3) or a

local ordinance of this state substantially corresponding to

section 625(1) or (3), preceded by 1 or more convictions for

violating a local ordinance or law of another state substantially

corresponding to section 625(1), (3), or (6), or a law of the

United States substantially corresponding to section 625(1), (3),

or (6).

(2) A restricted license issued under subsection (1) shall not

be issued until after the person'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 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 shall not be issued under subsection

(1) if the person is otherwise ineligible for an operator's or

chauffeur's license under this act, unless the person's

ineligibility is based on 1 or more of the following:

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

(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).

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

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

(h) Section 323c.

(i) Section 625f(1)(a).

(j) Section 732a(5).

(k) Section 904(10).

(l) Section 82105a(2) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82105a.

(m) Section 3177 of the insurance code of 1956, 1956 PA 218,

MCL 500.3177.

(n) Section 10 of the motor vehicle claims act, 1965 PA 198,

MCL 257.1110.

(4) A restricted license issued under subsection (1) permits

the person 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:

(a) The person's residence.

(b) The person's workplace.

(d) An alcohol or drug education or treatment program as

ordered by the court.

(5) 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. The

person shall not be considered for an unrestricted license until

the later of the following events occurs:

(a) The court notifies the secretary of state that the person

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.

(6) If the secretary of state receives a notification from the

DWI/sobriety court under section 1084(6) 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 shall not be issued

as provided under section 319(8). This subdivision applies if the

underlying conviction or convictions would have subjected the

person 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 shall 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.

(7) After the person completes the DWI/sobriety court

interlock pilot program, the following apply:

(a) The restricted license issued under this section shall be

suspended or revoked or denied as provided in subsection (6),

unless set aside under subsection (5), if any of the following

events occur:

(i) The person operates a motor vehicle without an ignition

interlock device that meets the criteria under subsection (2)(b).

(ii) The person 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 is arrested for a violation of any of the

following:

(A) Section 625.

(B) A local ordinance of this state or another state

substantially corresponding to section 625.

section 625.

(b) If the person is convicted of or found responsible for any

offense that requires the suspension, revocation, denial, or

cancellation of the person's operator's or chauffeur's license, the

restricted license issued under this section shall be suspended

until the requisite period of license suspension, revocation,

denial, or cancellation, as appropriate, has elapsed.

costs that resulted from the operation of a vehicle, the restricted

license issued under this section shall be suspended pending

payment of those fines and costs.

(8) 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

shall be held in abeyance as follows:

(a) The fees shall be held in abeyance during the time the

person has a restricted license under this section and is

participating in the DWI/sobriety court interlock pilot project.

(b) At the end of the person's participation in the

DWI/sobriety court program, the driver responsibility fees shall be

assessed and paid under the payment schedule described in section

732a.

(9) The vehicle of an individual admitted to the DWI/sobriety

court interlock pilot project 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 is a DWI/sobriety court interlock pilot program

participant in good standing or the person successfully

satisfactorily completes the DWI/sobriety court interlock pilot

program.

(b) The person does not subsequently violate a law of this

state for which vehicle immobilization or forfeiture is a sanction.

(10) This section only applies to individuals arrested for a

violation of section 625 on or after the effective date of the

amendatory act that added this section.

(11) 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.

(b) "DWI/sobriety court interlock pilot project" and

"DWI/sobriety court program" mean those terms as defined or

described in section 1084 of the revised judicature act of 1961,

1961 PA 236, MCL 600.1084.

Sec. 319. (1) The secretary of state shall immediately suspend

a person's license as provided in this section upon receiving a

record of the person's conviction for a crime described in this

section, whether the conviction is under a law of this state, a

local ordinance substantially corresponding to a law of this state,

a law of another state substantially corresponding to a law of this

state, or, beginning October 31, 2010, a law of the United States

substantially corresponding to a law of this state.

(2) The secretary of state shall suspend the person'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.

752.191, or section 626c.

(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 convicted operated

a motor vehicle and while operating the vehicle presented real or

potential harm to persons 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.

(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.

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

(3) The secretary of state shall suspend the person'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) .~~, or section 653a(3).~~

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 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 substantially corresponding to section 324(1), the

secretary shall suspend the person's license as follows:

(a) If the person has no prior conviction for an offense

described in this subsection within 7 years, for 90 days.

(b) If the person 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 license as follows:

(a) If the person has no prior conviction for that offense

within 7 years, for 90 days.

(b) If the person 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

license as follows:

(a) If the person has 1 prior conviction for an offense

described in this subsection or section 33b(1) of former 1933 (Ex

Sess) PA 8, for 90 days. The secretary of state may issue the

person a restricted license after the first 30 days of suspension.

(b) If the person has 2 or more prior convictions for an

offense described in this subsection or section 33b(1) of former

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

the person a restricted license after the first 60 days of

suspension.

(8) The secretary of state shall suspend the person'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 has no prior convictions

within 7 years. The secretary of state may issue the person 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 has no prior convictions within 7 years. However, if the

person 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 ability to operate the vehicle was visibly impaired, the

secretary of state shall suspend the person's license under this

subdivision for 180 days. The secretary of state may issue the

person a restricted license during all or a specified portion of

the suspension.

person has no prior convictions within 7 years. The secretary of

state may issue the person 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 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 has no prior convictions within 7 years. The secretary of

state may issue the person a restricted license after the first 90

days of suspension.

(f) For 90 days for a violation of section 625m if the person

has no prior convictions within 7 years. The secretary of state may

issue the person a restricted license during all or a specified

portion of the suspension.

(g) ~~For~~ Beginning October 31, 2010, for 1 year for a violation

of section 625(1)(c) if the person has no prior convictions within

7 years or not more than 2 convictions within 10 years. The

secretary of state may issue the person a restricted license,

except that the secretary of state shall not issue a restricted

license during the first 45 days of suspension.

(h) ~~The~~ Beginning October 31, 2010, the department shall order

a person 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 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 shall be 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 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 that retest failure the person 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) If 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 ~~apply to a~~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 ~~term as defined in~~

~~R 257.313a of the Michigan administrative code.~~the ignition

interlock device has prevented the motor vehicle from being

started. Multiple unsuccessful attempts at 1 time to start the

vehicle shall be 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 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) Any retest prompted by the device, if not more than 5

minutes after detecting that retest failure the person 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 license as follows:

(a) If the person has no prior conviction for an offense

described in this subsection within 7 years, for 6 months.

(b) If the person 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 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) Except as provided in subsection (14), a suspension under

this section shall be imposed notwithstanding a court order unless

the court order complies with section 323.

(13) If the secretary of state receives records of more than 1

conviction of a person resulting from the same incident, a

suspension shall be imposed only for the violation to which the

longest period of suspension applies under this section.

(14) The secretary of state may waive a restriction,

suspension, or revocation of a person's license imposed under this

act if the person 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.

(15) The secretary of state shall not issue a restricted

license to a person whose license is suspended under this section

unless a restricted license is authorized under this section and

the person is otherwise eligible for a license.

(16) The secretary of state shall not issue a restricted

license to a person under subsection (8) that would permit the

person to operate a commercial motor vehicle.

(17) Except as provided in subsection (16), a restricted

license issued under this section shall permit the person 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 employment or occupation.

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

(i) The person's residence.

(ii) The person'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 is enrolled

as a student.

(vii) A place of regularly occurring medical treatment for a

serious condition for the person or a member of the person's

household or immediate family.

(18) While driving with a restricted license, the person 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 a peace officer's request.

(19) Subject to subsection (21), 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 substantially

corresponding to a law of this state, or a law of another state

substantially corresponding to a law of this state:

(a) Except as provided in subsection (20), 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 from

the operation of a vehicle or an attempt to commit any of those

crimes.

or section 626(3) or (4).

(20) 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 substantially corresponding to

section 625(6), or a law of another state substantially

corresponding to section 625(6) may be used as a prior conviction.

(21) If 2 or more convictions described in subsection (19) are

convictions for violations arising out of the same transaction,

only 1 conviction shall be used to determine whether the person has

a prior conviction.

Sec. 625n. (1) Except as otherwise provided in this section

and section 304 and in addition to any other penalty provided for

in this act, the judgment of sentence for a conviction for a

violation of section 625(1) described in section 625(9)(b) or (c),

a violation of section 625(3) described in section 625(11)(b) or

(c), a violation of section 625(4), (5), or (7), or a violation of

section 904(4) or (5), or, beginning October 31, 2010, a violation

of section 626(3) or (4), may require 1 of the following with

regard to the vehicle used in the offense if the defendant owns the

vehicle in whole or in part or leases the vehicle:

(a) Forfeiture of the vehicle if the defendant owns the

vehicle in whole or in part.

(b) Return of the vehicle to the lessor if the defendant

leases the vehicle.

(2) The vehicle may be seized ~~pursuant to an order of~~ under a

seizure order issued by the court having jurisdiction upon a

showing of probable cause that the vehicle is subject to forfeiture

or return to the lessor.

(3) The forfeiture of a vehicle is subject to the interest of

the holder of a security interest who did not have prior knowledge

of or consent to the violation.

(4) Within 14 days after the defendant's conviction for a

violation described in subsection (1), the prosecuting attorney may

file a petition with the court for the forfeiture of the vehicle or

to have the court order return of a leased vehicle to the lessor.

The prosecuting attorney shall give notice by first-class mail or

other process to the defendant and his or her attorney, to all

owners of the vehicle, and to any person holding a security

interest in the vehicle that the court may require forfeiture or

return of the vehicle.

(5) If a vehicle is seized before disposition of the criminal

proceedings, a defendant who is an owner or lessee of the vehicle

may move the court having jurisdiction over the proceedings to

require the seizing agency to file a lien against the vehicle and

to return the vehicle to the owner or lessee pending disposition of

the criminal proceedings. The court shall hear the motion within 7

days after the motion is filed. If the defendant establishes at the

hearing that he or she holds the legal title to the vehicle or that

he or she has a leasehold interest and that it is necessary for him

or her or a member of his or her family to use the vehicle pending

the outcome of the forfeiture action, the court may order the

seizing agency to return the vehicle to the owner or lessee. If the

court orders the return of the vehicle to the owner or lessee, the

court shall order the defendant to post a bond in an amount equal

to the retail value of the vehicle, and shall also order the

seizing agency to file a lien against the vehicle.

(6) Within 14 days after notice by the prosecuting attorney is

given under subsection (4), the defendant, an owner, lessee, or

holder of a security interest may file a claim of interest in the

vehicle with the court. Within 21 days after the expiration of the

period for filing claims, but before or at sentencing, the court

shall hold a hearing to determine the legitimacy of any claim, the

extent of any co-owner's equity interest, the liability of the

defendant to any co-lessee, and whether to order the vehicle

forfeited or returned to the lessor. In considering whether to

order forfeiture, the court shall review the defendant's driving

record to determine whether the defendant has multiple convictions

under section 625 or a local ordinance substantially corresponding

to section 625, or multiple suspensions, restrictions, or denials

under section 904, or both. If the defendant has multiple

convictions under section 625 or multiple suspensions,

restrictions, or denials under section 904, or both, that factor

shall weigh heavily in favor of forfeiture.

(7) If a vehicle is forfeited under this section, the unit of

government that seized the vehicle shall sell the vehicle pursuant

to the procedures under section 252g(1) and dispose of the proceeds

in the following order of priority:

(a) Pay any outstanding security interest of a secured party

who did not have prior knowledge of or consent to the commission of

the violation.

(b) Pay the equity interest of a co-owner who did not have

prior knowledge of or consent to the commission of the violation.

prosecution for the violation.

(d) Pay any outstanding accrued towing and storage fees.

(e) Pay the claim of each person who shows that he or she is a

victim of the violation to the extent that the claim is not covered

by an order of restitution.

(f) Pay any outstanding lien against the property that has

been imposed by a governmental unit.

(g) Pay the proper expenses of the proceedings for forfeiture

and sale, including, but not limited to, expenses incurred during

the seizure process and expenses for maintaining custody of the

property, advertising, and court costs.

(h) The balance remaining after the payment of items (a)

through (g) shall be distributed by the court having jurisdiction

over the forfeiture proceedings to the unit or units of government

substantially involved in effecting the forfeiture. Seventy-five

percent of the money received by a unit of government under this

subdivision shall be used to enhance enforcement of the criminal

laws and 25% of the money shall be used to implement the William

Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751

to 780.834. A unit of government receiving money under this

subdivision shall report annually to the department of management

and budget the amount of money received under this subdivision that

was used to enhance enforcement of the criminal laws and the amount

that was used to implement the William Van Regenmorter crime

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.

(8) The court may order the defendant to pay to a co-lessee

any liability determined under subsection (6). The order may be

enforced in the same manner as a civil judgment.

(9) The return of a vehicle to the lessor under this section

does not affect or impair the lessor's rights or the defendant's

obligations under the lease.

(10) A person who knowingly conceals, sells, gives away, or

otherwise transfers or disposes of a vehicle with the intent to

avoid forfeiture or return of the vehicle to the lessor 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.

(11) The failure of the court or prosecutor to comply with any

time limit specified in this section does not preclude the court

from ordering forfeiture of a vehicle or its return to a lessor,

unless the court finds that the owner or claimant suffered

substantial prejudice as a result of that failure.

(12) The forfeiture provisions of this section do not preclude

the prosecuting attorney from pursuing a forfeiture proceeding

under any other law of this state or a local ordinance

substantially corresponding to this section.

Sec. 626. (1) A person who violates this section is guilty of

reckless driving punishable as provided in this section.

(2) ~~(1) A~~ Except as otherwise provided in this section, a

person who operates a vehicle upon a highway or a frozen public

lake, stream, or pond or other place open to the general public,

including, but not limited to, an area designated for the parking

of motor vehicles, in willful or wanton disregard for the safety of

persons or property is guilty of ~~reckless driving.~~

~~(2) Except as provided in subsections (3) and (4), a person~~

~~who operates a vehicle in violation of subsection (1) is guilty of~~

a misdemeanor punishable by imprisonment for not more than 93 days

or a fine of not more than $500.00, or both.

(3) A Beginning October 31, 2010, a person who operates a

vehicle in violation of subsection ~~(1)~~ (2) and by the operation of

that vehicle causes serious impairment of a body function to

another person is guilty of a felony punishable by imprisonment for

not more than 5 years or a fine of not less than $1,000.00 or more

than $5,000.00, or both. The judgment of sentence may impose the

sanction permitted under section 625n. If the vehicle is not

ordered forfeited under section 625n, the court shall order vehicle

immobilization under section 904d in the judgment of sentence.

(4) A Beginning October 31, 2010, a person who operates a

vehicle in violation of subsection ~~(1)~~ (2) and by the operation of

that vehicle causes the death of another person is guilty of a

felony punishable by imprisonment for not more than 15 years or a

fine of not less than $2,500.00 or more than $10,000.00, or both.

The judgment of sentence may impose the sanction permitted under

section 625n. If the vehicle is not ordered forfeited under section

625n, the court shall order vehicle immobilization under section

904d in the judgment of sentence.

(5) In a prosecution under subsection (4), the jury shall not

be instructed regarding the crime of moving violation causing

death.

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

accumulates 7 or more points on his or her driving record ~~pursuant~~

to 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.

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.

(5) Except as otherwise provided under this subsection, 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, 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.

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. 904d. (1) Vehicle immobilization applies as follows:

(a) For a conviction under section 625(1), (3), (7), or (8) or

a local ordinance substantially corresponding to section 625(1) or

(3) with no prior convictions, or, beginning October 31, 2010, for

a conviction under section 626(3) or (4), the court may order

vehicle immobilization for not more than 180 days.

(b) For a conviction under section 625(4) or (5) with no prior

convictions, the court shall order vehicle immobilization for not

more than 180 days.

or (8) within 7 years after a prior conviction, or, beginning

October 31, 2010, for a conviction under section 625l(2), the court

shall order vehicle immobilization for not less than 90 days or

more than 180 days.

(d) ~~For~~ Before October 31, 2010, for a conviction under

section 625(1), (3), (4), (5), (7), or (8) after 2 or more prior

convictions within 10 years, or, beginning October 31, 2010, for a

conviction under section 625(1), (3), (4), (5), (7), or (8) after 2

or more prior convictions, the court shall order vehicle

immobilization for not less than 1 year or more than 3 years.

(2) For a conviction or civil infraction determination

resulting from a violation that occurred during a period of

suspension, revocation, or denial, the following apply:

(a) Except as provided in subdivision (b), for 1 prior

suspension, revocation, or denial under section 904(10), (11), or

(12) or former section 904(2) or (4) within the past 7 years, the

court may order vehicle immobilization for not more than 180 days.

(b) Except as provided in subdivisions (c) and (d), if the

person is convicted under section 904(4) or (5), the court shall

order vehicle immobilization for not more than 180 days.

revocations, or denials under section 904(10), (11), or (12) or

former section 904(2) or (4) within the past 7 years, the court

shall order vehicle immobilization for not less than 90 days or

more than 180 days.

(d) For any combination of 4 or more prior suspensions,

revocations, or denials under section 904(10), (11), or (12) or

former section 904(2) or (4) within the past 7 years, the court

shall order vehicle immobilization for not less than 1 year or more

than 3 years.

(3) The defendant shall provide to the court the vehicle

identification number and registration plate number of the vehicle

involved in the violation.

(4) The court may order vehicle immobilization under this

section under either of the following circumstances:

(a) The defendant is the owner, co-owner, lessee, or co-lessee

of the vehicle operated during the violation.

(b) The owner, co-owner, lessee, or co-lessee knowingly

permitted the vehicle to be operated in violation of section 625(2)

or section 904(2) regardless of whether a conviction resulted.

(5) Except as otherwise provided in ~~subsection~~ subsections

(11) and (13), an order required to be issued under this section

shall not be suspended.

(6) If a defendant is ordered imprisoned for the violation for

which immobilization is ordered, the period of immobilization shall

begin at the end of the period of imprisonment.

(7) This section does not apply to any of the following:

(a) A suspension, revocation, or denial based on a violation

of the support and parenting time enforcement act, 1982 PA 295, MCL

552.601 to 552.650.

(b) A vehicle that is registered in another state or that is a

rental vehicle.

a local unit of government of this state.

(d) A vehicle not subject to registration under section 216.

(e) Any of the following:

(i) A violation of chapter II.

(ii) A violation of chapter V.

(iii) A violation for failure to change address.

(iv) A parking violation.

(v) A bad check violation.

(vi) An equipment violation.

(vii) A pedestrian, passenger, or bicycle violation, other than

a violation of section 703(1) or (2) of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

substantially corresponding to section 703(1) or (2) of the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

section 624a or 624b or a local ordinance substantially

corresponding to section 624a or 624b.

(viii) A violation of a local ordinance substantially

corresponding to a violation described in subparagraphs (i) to (vii).

(8) As used in this section:

(a) Subject to subsections (9) and (10), "prior conviction"

means a conviction for any of the following, whether 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:

(i) Except as otherwise provided in subsection (10), a

violation or attempted violation of any of the following:

(A) 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.

(B) Section 625m.

(ii) Negligent homicide, manslaughter, or murder resulting from

the operation of a vehicle or an attempt to commit any of those

crimes.

(iii) A Beginning October 31, 2010, a violation of section 601d

or section 626(3) or (4).

(b) "Vehicle immobilization" means requiring the motor vehicle

involved in the violation immobilized in a manner provided in

section 904e.

(9) If 2 or more convictions described in subsection (8)(a)

are convictions for violations arising out of the same incident,

only 1 conviction shall be used to determine whether the person has

a prior conviction.

(10) Only 1 violation or attempted violation of section

625(6), a local ordinance substantially corresponding to section

625(6), or a law of another state substantially corresponding to

section 625(6) may be used as a prior conviction.

(11) If Beginning October 31, 2010, if the person obtains a

restricted operator's or chauffeur's license from the secretary of

state and an ignition interlock device is properly installed in the

vehicle, the court shall suspend the immobilization order issued

under subsection (1)(c) for a conviction under section 625l(2).

(12) ~~The~~ Beginning October 31, 2010, the court may reinstate

vehicle immobilization issued under subsection (1)(c) for a

conviction under section 625l(2) if an ignition interlock device is

tampered with, circumvented, or disabled, or if the person's

restricted operator's or chauffeur's license is suspended or

revoked.

(13) Vehicle immobilization under this section is subject to

section 304 if the defendant obtains a restricted license under

section 304.

Enacting section 1. This amendatory act takes effect January

1, 2011.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 794 of the 95th Legislature is enacted into