Bill Text: MI SB0607 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Traffic control; civil infraction procedures; amnesty program for license renewal of individual with excessive parking tickets; provide for. Amends sec. 321a of 1949 PA 300 (MCL 257.321a).

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2011-09-07 - Referred To Committee On Transportation [SB0607 Detail]

Download: Michigan-2011-SB0607-Introduced.html

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SENATE BILL No. 607

 

 

September 7, 2011, Introduced by Senators HOOD, YOUNG, JOHNSON, ANDERSON, SMITH, HOPGOOD, GLEASON, WHITMER and BIEDA 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 2004 PA 362.

 

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 pursuant

 

to 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 pursuant to 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 31 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 6 3 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 than 6 3 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) A person who appears within 31 days after notice is issued

 

as described in subsection (7) shall be required to pay not more

 

than 50% of the fine or fines imposed for parking tickets described

 

in subsection (7)(a) or (b), but shall be required to pay the full

 

amount of any clearance fee described in subsection (8). A person

 

may invoke the forbearance provision of this subsection only 1

 

time. The forbearance provision in this subsection applies until

 

the expiration of 4 years after the effective date of the

 

amendatory act that added this subsection.

 

     (10) (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.

 

     (11) (10) For the purposes of subsections (5)(a), (8)(a), and

 

(9)(a), (10)(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), (10)(a), even if the

 

information being sent to the secretary of state has not yet been

 

received or recorded by the department.

 

     (12) (11) For each fee received under subsection (5)(b),

 

(8)(b), or (9)(b), (10)(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.

 

     (13) (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.

 

     (14) (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(16), 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(16), 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(16), 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.

 

     (15) (14) A suspension imposed under subsection (13) (14)

 

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.

 

     (16) (15) The secretary of state shall not suspend the

 

person's license under subsection (13) (14) 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.

 

     (17) (16) The secretary of state, upon being informed of the

 

failure of a person to appear or comply as provided in subsection

 

(13), (14), 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.