Bill Text: MI SB0624 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Traffic control; driver license; driver responsibility fee; amend eligibility for alternative payment programs, and eliminate new assessments for certain offenses. Amends secs. 732a & 732b of 1949 PA 300 (MCL 257.732a & 257.732b). TIE BAR WITH: SB 0625'17
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-02-15 - Re-referred To Committee On Michigan Competitiveness [SB0624 Detail]
Download: Michigan-2017-SB0624-Engrossed.html
SB-0624, As Passed Senate, October 19, 2017
SUBSTITUTE FOR
SENATE BILL NO. 624
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 732a and 732b (MCL 257.732a and 257.732b),
section 732a as amended by 2016 PA 32 and section 732b as added by
2014 PA 283.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
732a. (1) An Subject to
subsection (10), an individual,
whether licensed or not, who accumulates 7 or more points on his or
her driving record under sections 320a and 629c within a 2-year
period for any violation not listed under subsection (2) shall be
assessed a $100.00 driver responsibility fee. For each additional
point accumulated above 7 points not listed under subsection (2),
an additional fee of $50.00 shall be assessed. The secretary of
state shall collect the fees described in this subsection once each
year that the point total on an individual driving record is 7
points
or more. This subsection is subject to subsection (11).
(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)
Subject to subsection (11), (10),
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).
(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)
Subject to subsection (11), (10),
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) Through September 30, 2012, 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.
However, a driver responsibility fee shall not be assessed under
this subdivision for a violation committed on or after October 1,
2012.
(d) Through September 30, 2012, 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. However, a driver responsibility fee shall
not be assessed under this subdivision for a violation committed on
or after October 1, 2012.
(3) The secretary of state shall send a notice of the driver
responsibility assessment, as prescribed under subsection (1) or
(2), to the individual by regular mail to the address on the
records of the secretary of state. If payment is not received
within 30 days after the notice is mailed, the secretary of state
shall send a second notice that indicates that if payment is not
received within the next 30 days, the driver's driving privileges
will be suspended.
(4) The secretary of state may authorize payment by
installment for a period not to exceed 24 months or, alternatively,
the individual may engage in community service or workforce
training under section 732b.
(5) Except as otherwise provided under this subsection and
section 732b, if payment is not received or an installment plan is
not established after the time limit required by the second notice
prescribed under subsection (3) expires, the secretary of state
shall suspend the driving privileges until the assessment and any
other fees prescribed under this act are paid. However, if the
individual's license to operate a motor vehicle is not otherwise
required under this act to be denied, suspended, or revoked, the
secretary of state shall reinstate the individual's operator's
driving privileges if the individual requests an installment plan
under subsection (4) and makes proper payment under that plan. 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
the individual fails to make full or timely payments under that
plan, or enters into community service or workforce training under
section
732b but fails to successfully complete that service, within
the
45-day period allowed, or withdraws
from community service or
workforce training with or without good cause shown, the secretary
of state shall suspend the individual's driving privileges. The
secretary of state shall only reinstate a license under this
subsection once. Not later than April 1, 2013, the secretary of
state shall only reinstate a license under this subsection 3 times.
(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), but subject to subsection (11).
(6) (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.
(7) (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
licensing and regulatory affairs 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.
(8) (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 $8,500,000.00 shall be credited to the fire
protection
fund created in subsection (8).(7).
(b)
For fiscal year 2015, after the amount specified in
subdivision
(a) is credited to the fire protection fund created
under
subsection (8), the next $1,550,000.00 shall be credited as
follows:
(i) $550,000.00 to the department of treasury,
distributed as
follows:
(A)
$500,000.00 for administering the requirements of the
department
of treasury under section 732b.
(B)
$50,000.00 for providing a 1-time-only written notice to
individuals
under section 732b(2) of the option of entering into
community
service as an alternative to paying a driver
responsibility
fee.
(ii) $1,000,000.00 to the department of state for
necessary
expenses
incurred by the department of state in implementing and
administering
the requirements of sections 625k and 625q of the
Michigan
vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.
Funds
appropriated under this subparagraph shall be based upon an
established
cost allocation methodology that reflects the actual
costs
incurred or to be incurred by the secretary of state during
the
fiscal year. However, funds appropriated under this
subparagraph
shall not exceed $1,000,000.00 during that fiscal
year.
(c)
For fiscal year 2016, after the amount specified in
subdivision
(a) is credited to the fire protection fund created
under
subsection (8), the next $1,500,000.00 shall be credited as
follows:
(i) $500,000.00 to the department of treasury for
administering
the requirements of the department of treasury under
section
732b.
(ii) $1,000,000.00 to the department of state for
necessary
expenses
incurred by the department of state in implementing and
administering
the requirements of sections 625k and 625q of the
Michigan
vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.
Funds
appropriated under this subparagraph shall be based upon an
established
cost allocation methodology that reflects the actual
costs
incurred or to be incurred by the secretary of state during
the
fiscal year. However, funds appropriated under this
subparagraph
shall not exceed $1,000,000.00 during that fiscal
year.
(b) (d)
For fiscal year 2017 and for each
fiscal year
thereafter, after the amount specified in subdivision (a) is
credited
to the fire protection fund created under subsection (8),
(7), the next $1,000,000.00 shall be credited to the department of
state for necessary expenses incurred by the department of state in
implementing and administering the requirements of sections 625k
and
625q. of the Michigan vehicle code, 1949 PA 300, MCL
257.625k
and
257.625q. Funds appropriated under
this subdivision shall be
based upon an established cost allocation methodology that reflects
the actual costs incurred or to be incurred by the secretary of
state during the fiscal year. However, funds appropriated under
this subdivision shall not exceed $1,000,000.00 during any fiscal
year.
(c) (e)
Any amount collected after
crediting the amounts under
subdivisions
(a) through (d) and (b) shall be credited to the
general fund.
(9) (10)
The collection of assessments under
this section is
subject to section 304.
(10) (11)
A driver responsibility fee shall
be assessed and
collected under this section as follows:
(a) For an individual who accumulates 7 or more points on his
or her driving record beginning on the following dates, a fee
assessed under subsection (1) shall be reduced as follows:
(i) Beginning October 1, 2015, the assessment shall be 75% of
the fee calculated under subsection (1).
(ii) Beginning October 1, 2016, the assessment shall be 50% of
the fee calculated under subsection (1).
(iii) Beginning October 1, 2018, the assessment shall be 25%
of the fee calculated under subsection (1).
(iv) Beginning October 1, 2019, no fee shall be assessed under
subsection (1).
(b) A fee assessed under subsection (2)(a) or (b) shall be
reduced as follows:
(i) For a violation that occurs on or after October 1, 2015,
100% of the fee shall be assessed for the first year and 50% for
the second year.
(ii) For a violation that occurs on or after October 1, 2016,
100% of the fee shall be assessed for the first year and no fee
shall be assessed for the second year.
(iii) For a violation that occurs on or after October 1, 2018,
50% of the fee shall be assessed for the first year and no fee
shall be assessed for the second year.
(iv) For Except as provided in subdivision (c), for a
violation that occurs on or after October 1, 2019, no fee shall be
assessed under subsection (2)(a) or (b).
(c) Beginning on the effective date of the amendatory act that
added this section, no fee shall be assessed under subsection
(2)(b)(iii) or (iv).
(11) (12)
It is the intent of the legislature
that beginning
with the fiscal year ending September 30, 2018, and each fiscal
year after that, $8,500,000.00 shall be appropriated to the fire
protection
fund created under subsection (8).(7).
Sec. 732b. (1) If an individual was assessed a driver
responsibility
fee under section 732a(2)(c) 732a(1)
or (2)(b)(iii)
or (iv), (c), or (d), the individual may engage in 10 hours of
community service or 10 hours of participation in a workforce
training payment program created under section 732c as an
alternative to paying that fee or any unpaid portion of that fee.
Community
service under this subsection shall be completed within
45
days after the application to engage in community service is
filed
with the department of treasury under subsection (3).
(2) An individual may engage in community service or workforce
training under subsection (1) by obtaining a community service or
workforce training form from the secretary of state or the
department of treasury. The department of treasury shall mail to
each individual who is required to pay a driver responsibility fee
under
section 732a(2)(c) 732a(1)
or (2)(b)(iii) or (iv), (c), or
(d) a 1-time-only written notice of the option of completing
community service or workforce training as an alternative to paying
that driver responsibility fee. The notice shall include a
statement that community service or workforce training forms for
that purpose can be obtained from the department of state or from
the department of treasury. The notice shall be sent to the last
known address of the individual as shown in the records of the
department of treasury. The secretary of state shall make community
service and workforce training forms available to the public at all
branch offices and on the department's website for purposes of this
section and shall provide community service and workforce training
forms to the department of treasury for purposes of this section.
(3) If an individual chooses to engage in community service or
workforce training under this section, the individual shall
complete the community service or workforce training form obtained
under subsection (2) and return the form to the department of
treasury
in the manner prescribed by the department of treasury. by
December
31, 2015. Upon receiving a properly
completed community
service or workforce training form under this subsection, the
department of treasury shall inform the department of state that
the individual intends to complete community service or workforce
training under this section as an alternative to paying a driver
responsibility fee or any portion of a driver responsibility fee.
If the secretary of state is notified by the department of treasury
that the individual has elected to complete community service or
workforce training under this section as an alternative to paying
the
fee, that fee shall be held in abeyance. for a period of 45
days.
If the individual's license is
suspended for failing to pay
the driver responsibility fee or portion of the driver
responsibility fee, the department of state shall, upon payment of
the reinstatement fee, reinstate the individual's driver license.
(4) An individual who engages in community service or
workforce training under this section shall be allowed only 1
opportunity to complete the community service or workforce training
alternative for each driver responsibility fee owed. However, the
department of treasury may allow an individual to withdraw from
that
community service before the expiration of the 45-day period
for
completing that community service or
workforce training for
good cause shown. If the individual is allowed to withdraw from
community service or workforce training for good cause shown, that
opportunity for completing community service or workforce training
shall not be considered in the number of opportunities to perform
community service or workforce training under this subsection, but
the individual is subject to the suspension of his or her driving
privileges under section 732a(5).
(5) Upon completing community service or workforce training
under this section, the individual may request the person with whom
he or she engaged in community service or workforce training under
this section to verify on the community service or workforce
training form in the manner designated by the secretary of state
that he or she successfully completed that community service or
workforce training. Upon verification, the individual may return
the community service or workforce training form to the department
of treasury for purposes of this section. Any person who falsely
verifies community service or workforce training under this
subsection and any individual who falsely requests the verification
of community service workforce training under this section or who
returns a community service form to the department of treasury
under this subsection knowing that his or her community service or
workforce training is falsely verified is responsible for a state
civil infraction and may be fined not more than $200.00.
(6) The department of treasury shall waive the driver
responsibility fee or any portion of the driver responsibility fee
otherwise
required to be paid under section 732a(2)(c) 732a(1) or
(2)(b)(iii) or (iv), (c), or (d) upon receiving verification that
the individual successfully completed the community service or
workforce training requirements of this section. The department of
treasury shall notify the department of state when it has waived
the fee under this section or, if the fee is not waived under this
section,
that the 45-day period has expired and the fee has not
been waived. If the secretary of state is notified by the
department of treasury that the fee has not been waived, the
department of state shall enter that information into the records
of the department and shall suspend the individual's driver license
and proceed as provided by law for the individual's failure to pay
the driver responsibility fee or to complete community service or
workforce training under this section.
(7) As used in this section, "community service" means
engaging in a useful and productive activity without compensation
for a person other than a family member, including, but not limited
to, an entity organized under section 501(c)(3) of the internal
revenue code, 26 USC 501, and community service offered through the
Michigan community service commission.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 625 of the 99th Legislature is enacted into
law.
