Bill Text: MI HB4336 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Crimes; drunk driving; repeat drunk driving offenders; amend license sanctions. Amends secs. 303, 319 & 322 of 1949 PA 300 (MCL 257.303 et seq.).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-02-19 - Printed Bill Filed 02/19/2009 [HB4336 Detail]

Download: Michigan-2009-HB4336-Introduced.html

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HOUSE BILL No. 4336

 

February 18, 2009, Introduced by Rep. Lori and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 303, 319, and 322 (MCL 257.303, 257.319, and

 

257.322), sections 303 and 319 as amended by 2008 PA 463 and

 

section 322 as amended by 2008 PA 462.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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.

 

     (c) A person whose license is suspended, revoked, denied, or

 

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

 

on and after 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 on and after 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.

 

     (c) Any combination of 2 convictions within 7 years for any of

 

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 on and

 

after 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 subsections (5) and

 

(6), 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.

 

     (c) The person meets the requirements of the department.

 

     (5) The secretary of state shall issue a restricted license to

 

a person whose license was revoked under subsection (2)(c) or (g)

 

after the person's license was revoked for not less than 45 days,

 

or for not less than 1 year if the 111th Congress of the United

 

States of America fails to enact amendments to 23 USC 164 allowing

 

ignition interlock devices to be installed by drunk driving repeat

 

offenders following 45 days of license revocation. A restricted

 

license may only be issued if the person equips his or her motor

 

vehicle with an ignition interlock device that is approved,

 

certified, and installed as required under sections 625k and 625l.

 

The restricted license shall allow the person to operate only a

 

vehicle equipped with the ignition interlock device. The ignition

 

interlock device shall remain on the vehicle or any replacement

 

vehicle until the secretary of state issues an unrestricted license

 

under this section.

 

     (6) A restricted license issued under subsection (5) permits

 

the person to whom it is issued to operate only the vehicle

 

equipped with an ignition interlock device and only for the purpose

 

of driving to or from 1 or more of the following destinations:

 

     (a) The person's place of work.

 

     (b) The person's school.

 

     (c) An alcohol treatment program.

 

     (7) (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.

 

     (8) (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.

 

     (9) (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.

 

     (10) (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.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     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 on and after 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.

 

     (c) A violation of section 1 of former 1931 PA 214, MCL

 

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 on and after 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

 

626 before October 31, 2010 or, beginning on and after October 31,

 

2010, section 626(2), or section 653a(3).

 

     (c) Malicious destruction resulting from the operation of a

 

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 on and after 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.

 

     (c) For 30 days for a violation of section 625(6) 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.

 

     (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 on and after 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 on and after 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.

 

     (i) If Beginning on and after 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 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.

 

     (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.

 

     (c) A Beginning on and after October 31, 2010, a violation of

 

section 601d 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. 322. (1) The secretary of state shall appoint a hearing

 

officer to hear appeals from persons aggrieved by a final

 

determination of the secretary of state denying an application for

 

an operator's or chauffeur's license, suspending, restricting, or

 

revoking an operator's or chauffeur's license, or other license

 

action.

 

     (2) The appeal shall be in writing and filed with the

 

secretary of state within 14 days after the final determination.

 

Upon notice of the appeal, the hearing officer shall require

 

production of all documents filed in the matter, together with a

 

transcript of any testimony taken.

 

     (3) In a hearing or matter properly before the hearing

 

officer, he or she may do any of the following:

 

     (a) Issue subpoenas to compel attendance of witnesses.

 

     (b) Issue process to compel attendance.

 

     (c) Punish for contempt any witness failing to appear or

 

testify in the same manner as provided by the rules and practice in

 

the circuit court.

 

     (d) Swear witnesses, administer oaths, and exemplify records

 

in any matter before the officer.

 

     (e) Take additional testimony he or she considers appropriate.

 

     (4) A verbatim record shall be made of the hearing.

 

     (5) After a hearing, the hearing officer may affirm, modify,

 

or set aside a final determination of the secretary of state

 

denying an application for an operator's or chauffeur's license,

 

suspending, restricting, or revoking an operator's or chauffeur's

 

license, or any other license action. The hearing officer shall

 

include his or her findings of fact and conclusions of law in the

 

record.

 

     (6) Except as provided in subsection (7), if a person whose

 

license has been denied or revoked under section 303(2)(c), (d), or

 

(g) applies for a license or reinstatement of a license after the

 

time period specified in section 303(4) has elapsed, the hearing

 

officer may issue a restricted license to that person, setting

 

restrictions upon operating a vehicle as the hearing officer

 

determines are appropriate. If the hearing officer issues a

 

restricted license following a hearing held after October 1, 1999,

 

he or she shall do both of the following:

 

     (a) Require a properly installed and functioning ignition

 

interlock device that, before October 31, 2010, meets or exceeds

 

the model specifications for breath alcohol ignition interlock

 

devices (BAIID), 57 FR p 11772 - 11787 (April 7, 1992), on each

 

motor vehicle the person owns or intends to operate, the costs of

 

which shall be borne by the person whose license is restricted.

 

     (b) Condition issuance of a restricted license upon

 

verification by the secretary of state that an ignition interlock

 

device has been installed.

 

     (7) The hearing officer shall not issue a restricted license

 

under subsection (6) that would permit the person to operate a

 

commercial motor vehicle that hauls hazardous material.

 

     (8) If the hearing officer issues a restricted license to a

 

person who intends to operate a vehicle owned by his or her

 

employer, the secretary of state shall notify the employer of the

 

employee's license restriction that requires the installation of an

 

ignition interlock device. An employer who receives notice under

 

this subsection is not required to install an ignition interlock

 

device on the employer-owned vehicle. This subsection does not

 

apply to a vehicle that is operated by a self-employed individual

 

who uses the vehicle for both business and personal use.

 

     (9) If the hearing officer issues a restricted license

 

requiring an ignition interlock device, the initial period for

 

requiring the device shall be, not less than before October 31,

 

2010, 1 year. Before October 31, 2010, after that initial period,

 

the hearing officer may continue the ignition interlock device

 

requirement for any length of time. Beginning on and after October

 

31, 2010, the initial period for requiring the device shall be not

 

less than 1 year. The device shall not be removed until the hearing

 

officer orders the ignition interlock device removed.

 

     Enacting section 1. This amendatory act takes effect October

 

1, 2009.