June 21, 2017, Introduced by Senator HILDENBRAND and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 321a (MCL 257.321a), as amended by 2012 PA 13.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 321a. (1) A person who fails to answer a citation, or a
notice to appear in court for a violation reportable to the
secretary of state under section 732 or a local ordinance
substantially corresponding to a violation of a law of this state
reportable to the secretary of state under section 732, or for any
matter pending, or who fails to comply with an order or judgment of
the court, including, but not limited to, paying all fines, costs,
fees, and assessments, is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$100.00, or both. A violation of this subsection or failure to
answer a citation or notice to appear for a violation of 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
a local ordinance substantially corresponding to either of those
sections shall not be considered a violation for any purpose under
section 320a.
(2) Except as provided in subsection (3), 28 days or more
after a person fails to answer a citation, or a notice to appear in
court for a violation reportable to the secretary of state under
section 732 or a local ordinance substantially corresponding to a
violation of a law of this state reportable to the secretary of
state under section 732, 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, the
court shall give notice by mail at the last known address of the
person that if the person fails to appear or fails to comply with
the order or judgment within 14 days after the notice is issued,
the secretary of state shall suspend the person's operator's or
chauffeur's license. If the person fails to appear or fails to
comply with the order or judgment within the 14-day period, the
court shall, within 14 days, inform the secretary of state, who
shall immediately suspend the license of the person. The secretary
of state shall immediately notify the person of the suspension by
regular mail at the person's last known address.
(3) If the person is charged with, or convicted of, a
violation of section 625 or a local ordinance substantially
corresponding to section 625(1), (2), (3), (6), or (8) and the
person fails to answer a citation or a 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, and crime victim rights assessments, the court shall
immediately give notice by first-class mail sent to the person's
last known address that if the person fails to appear within 7 days
after the notice is issued, or fails to comply with the order or
judgment of the court, including, but not limited to, paying all
fines, costs, and crime victim rights assessments, within 14 days
after the notice is issued, the secretary of state shall suspend
the person's operator's or chauffeur's license. If the person fails
to appear within the 7-day period, or fails to comply with the
order or judgment of the court, including, but not limited to,
paying all fines, costs, and crime victim rights assessments,
within the 14-day period, the court shall immediately inform the
secretary of state who shall immediately suspend the person's
operator's or chauffeur's license and notify the person of the
suspension by first-class mail sent to the person's last known
address.
(4) If the person is charged with, or convicted of, a
violation of 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, section 624a, section 624b, or a local ordinance
substantially corresponding to those sections and the person fails
to answer a citation or a notice to appear in court issued under
section 33b of former 1933 (Ex Sess) PA 8, section 703 of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703,
section 624a, section 624b, or a local ordinance substantially
corresponding to those sections or fails to comply with an order or
judgment of the court issued under section 33b of former 1933 (Ex
Sess) PA 8, section 703 of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1703, section 624a, section 624b, or a
local ordinance substantially corresponding to those sections
including, but not limited to, paying all fines and costs, the
court shall immediately give notice by first-class mail sent to the
person's last known address that if the person fails to appear
within 7 days after the notice is issued, or fails to comply with
the order or judgment of the court, including, but not limited to,
paying all fines and costs, within 14 days after the notice is
issued, the secretary of state shall suspend the person's
operator's or chauffeur's license. If the person fails to appear
within the 7-day period, or fails to comply with the order or
judgment of the court, including, but not limited to, paying all
fines and costs, within the 14-day period, the court shall
immediately inform the secretary of state who shall immediately
suspend the person's operator's or chauffeur's license and notify
the person of the suspension by first-class mail sent to the
person's last known address.
(5) A suspension imposed under subsection (2) or (3) remains
in effect until both of the following occur:
(a) The secretary of state is notified by each court in which
the person failed to answer a citation or notice to appear or
failed to pay a fine or cost that the person has answered that
citation or notice to appear or paid that fine or cost.
(b) The person has paid to the court a $45.00 driver license
clearance fee for each failure to answer a citation or failure to
pay a fine or cost.
(6) The court shall not notify the secretary of state, and the
secretary of state shall not suspend the person's license, if the
person fails to appear in response to a citation issued for, or
fails to comply with an order or judgment involving 1 or more of
the following infractions:
(a) The parking or standing of a vehicle.
(b) A pedestrian, passenger, or bicycle violation, other than
a violation of section 33b(1) or (2) of former 1933 (Ex Sess) PA 8,
section 703(1) or (2) of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1703, section 624a or 624b, or a local
ordinance substantially corresponding to section 33b(1) or (2) of
former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section
624a or 624b.
(7) The court may notify a person who has done either of the
following, that if the person does not appear within 10 days after
the notice is issued, the court will inform the secretary of state
of the person's failure to appear:
(a) Failed to answer 2 or more parking violation notices or
citations for violating a provision of this act or an ordinance
substantially corresponding to a provision of this act pertaining
to parking for persons with disabilities.
(b) Failed to answer 3 or more parking violation notices or
citations
regarding illegal parking. or, beginning January 1, 2018,
failed
to answer 6 or more parking violation notices or citations
regarding
illegal parking.
(8) The secretary of state, upon being informed of the failure
of a person to appear or comply as provided in subsection (7),
shall not issue a license to the person or renew a license for the
person until both of the following occur:
(a) The court informs the secretary of state that the person
has resolved all outstanding matters regarding the notices or
citations.
(b) The person has paid to the court a $45.00 driver license
clearance fee. If the court determines that the person is
responsible for only 1 parking violation under subsection (7)(a) or
less
fewer than 3 parking violations under subsection (7)(b), or,
beginning
January 1, 2018, less than 6 parking violations under
subsection
(7)(b), for which the person's
license was not issued or
renewed under this subsection, the court may waive payment of the
fee.
(9) Not less than 28 days after a person fails to appear in
response to a citation issued for, or fails to comply with an order
or judgment involving, a state civil infraction described in
chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL
600.8801 to 600.8835, the court shall give notice by ordinary mail,
addressed to the person's last known address, that if the person
fails to appear or fails to comply with the order or judgment
described in this subsection within 14 days after the notice is
issued, the court will give to the secretary of state notice of
that failure. Upon receiving notice of that failure, the secretary
of state shall not issue or renew an operator's or chauffeur's
license for the person until both of the following occur:
(a) The court informs the secretary of state that the person
has resolved all outstanding matters regarding each notice or
citation.
(b) The person has paid to the court a $45.00 driver license
clearance fee. If the court determines that the person is not
responsible for any violation for which the person's license was
not issued or renewed under this subsection, the court shall waive
the fee.
(10) For the purposes of subsections (5)(a), (8)(a), and
(9)(a), the court shall give to the person a copy of the
information being transmitted to the secretary of state. Upon
showing that copy, the person shall not be arrested or issued a
citation for driving on a suspended license, on an expired license,
or without a license on the basis of any matter resolved under
subsection (5)(a), (8)(a), or (9)(a), even if the information being
sent to the secretary of state has not yet been received or
recorded by the department.
(11) For each fee received under subsection (5)(b), (8)(b), or
(9)(b), the court shall transmit the following amounts on a monthly
basis:
(a) Fifteen dollars to the secretary of state. The funds
received by the secretary of state under this subdivision shall be
deposited in the state general fund and shall be used to defray the
expenses of the secretary of state in processing the suspension and
reinstatement of driver licenses under this section.
(b) Fifteen dollars to 1 of the following, as applicable:
(i) If the matter is before the circuit court, to the
treasurer of the county for deposit in the general fund.
(ii) If the matter is before the district court, to the
treasurer of the district funding unit for that court, for deposit
in the general fund. As used in this section, "district funding
unit" means that term as defined in section 8104 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.8104.
(iii) If the matter is before a municipal court, to the
treasurer of the city in which the municipal court is located, for
deposit in the general fund.
(c) Fifteen dollars to the juror compensation reimbursement
fund created in section 151d of the revised judicature act of 1961,
1961 PA 236, MCL 600.151d.
(12) Section 819 does not apply to a reinstatement fee
collected for an operator's or chauffeur's license that is not
issued or renewed under section 8827 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.8827.
(13) The secretary of state shall immediately suspend the
operator's and chauffeur's license of a person licensed to operate
a commercial motor vehicle, or a person who operates a commercial
motor vehicle without a license to operate that vehicle, if the
person fails to answer an out-state citation, or a notice to appear
in a court or an authorized administrative tribunal for a violation
reportable to the secretary of state under section 732, or fails to
comply with an order or judgment of an out-state court or an
authorized administrative tribunal reportable to the secretary of
state under section 732, or fails to appear or fails to comply with
the out-state court or an authorized administrative tribunal order
or judgment reportable to the secretary of state under section 732,
including, but not limited to, paying all fines, costs, fees, and
assessments. For a suspension imposed under this subsection, the
secretary of state shall immediately notify the person of the
suspension by regular mail at the person's last known address.
(14) A suspension imposed under subsection (13) remains in
effect until the secretary of state is notified by the court or
authorized administrative tribunal of the other state in which the
person failed to answer a citation, or notice to appear, or failed
to pay a fine or cost, that the person has answered that citation
or notice to appear or has paid the fine or cost.
(15) The secretary of state shall not suspend the person's
license under subsection (13) if the person fails to appear in
response to a citation issued for, or fails to comply with an order
or judgment involving, the parking or standing of a vehicle.
(16) The secretary of state, upon being informed of the
failure of a person to appear or comply as provided in subsection
(13), shall not issue a license to the person or renew a license
for the person until the court or authorized administrative
tribunal of the other state informs the secretary of state that the
person has resolved all outstanding matters regarding the notices,
orders, or citations.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.