Bill Text: MI SB0127 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Traffic control; other; responsibility and payment method for driver responsibility fees; revise. Amends sec. 732a of 1949 PA 300 (MCL 257.732a).
Spectrum: Slight Partisan Bill (Republican 8-3)
Status: (Introduced - Dead) 2009-01-28 - Referred To Committee On Judiciary [SB0127 Detail]
Download: Michigan-2009-SB0127-Introduced.html
SENATE BILL No. 127
January 28, 2009, Introduced by Senators BROWN, CHERRY, SCOTT, GARCIA, RICHARDVILLE, KAHN, VAN WOERKOM, KUIPERS, CROPSEY, BIRKHOLZ and BASHAM 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 2008 PA 463.
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 pursuant
to 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. A driver responsibility fee shall not be
assessed or collected under this subdivision for a violation
committed on or after January 1, 2010.
(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. A
driver responsibility fee shall not be assessed or collected under
this subdivision for a violation committed on or after January 1,
2010.
(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. For a driver
responsibility fee that is assessed each year for 2 consecutive
years, the individual may opt to pay the fee in a single payment at
the time the payment for the first year is due.
(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.
(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) From February 15, 2009 to April 15, 2009, an individual
who has been assessed a driver responsibility fee under subsection
(1) or (2)(b) may satisfy the assessment by paying 75% of the
amount assessed. If an individual satisfies his or her assessment
due under subsection (1) or (2)(b) during this reduced payment
period, any sanction that applied for failure to timely pay that
assessment shall be waived.
