Bill Text: MI SB1369 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Traffic control; other; option of community service in lieu of payment of driver responsibility fees; allow in certain circumstances. Amends sec. 732a of 1949 PA 300 (MCL 257.732a) & adds sec. 732b.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Engrossed - Dead) 2012-12-06 - Referred To Committee On Judiciary [SB1369 Detail]
Download: Michigan-2011-SB1369-Introduced.html
SENATE BILL No. 1369
November 27, 2012, Introduced by Senators CASWELL, COLBECK, ANDERSON, HILDENBRAND, BOOHER, NOFS, EMMONS, JANSEN, ROBERTSON, PROOS, PAPPAGEORGE and HANSEN 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 2012 PA 203,
and by adding section 732b.
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 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.
(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).
(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) 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, or the individual does not
alternatively enter into a community service program under section
732b, if applicable, 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 a community
service program 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
fails to make full or timely payments under that plan or enters a
community service program under section 732b, 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).
(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
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.
(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.
(b) Any amount collected after crediting the amount under
subdivision (a) shall be credited to the general fund.
(10) The collection of assessments under this section is
subject to section 304.
Sec. 732b. (1) If an individual was assessed a driver
responsibility fee under section 732a(1) or (2)(c) or (d) before
October 1, 2012, the individual may enter a community service
program approved by the secretary of state as an alternative to
paying that fee or any unpaid portion of that fee. The community
service program shall require the following amounts of community
service to be completed within 6 months after entering into the
program:
(a) For a driver responsibility fee assessed under section
732a(1) or (2)(c), 15 hours. The number of hours of community
service required under this section shall be prorated based upon
any portion of the fee that has been paid.
(b) For a driver responsibility fee assessed under section
732a(2)(d), 20 hours. The number of hours of community service
required under this section shall be prorated based upon any
portion of the fee that has been paid.
(2) An individual may apply for entry into a community service
program under subsection (1) by completing a form as prescribed by
the secretary of state. The court shall grant the individual's
request for community service when the form is properly completed
and returned to the court.
(3) If an individual enters community service under this
section, the department of treasury shall hold the collection of
the driver responsibility fee or the remaining portion of that fee
in abeyance pending the individual's entry and successful
completion of the community service requirements of this section,
or the termination of the community service opportunity by the
court because of the individual's failure to comply with those
requirements, whichever occurs first. The secretary of state shall
not suspend an individual's driving privileges during the term of
the community service program or while the individual is pending
entry into a community service program after having properly
submitted an application for community service under this section.
If the individual's driving privileges are suspended on the
effective date of the amendatory act that added this section only
for failing to pay a driver responsibility fee and no other
suspension or revocation determination is pending, and the
individual properly applies for community service under this
section as an alternative to paying that driver responsibility fee
or any portion of that fee, the secretary of state shall reinstate
the individual's driving privileges without requiring the payment
of a license reinstatement fee pending the individual's entry into
and completion of community service as provided in this section.
(4) 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(1) or (2)(c) or
(d) upon proof satisfactory to the court that the individual
completed the community service requirements of this section.
(5) An individual whose request for community service is
accepted but who fails to successfully complete the assigned
community service is liable for the full driver responsibility fee
assessed under section 732a and is subject to the licensing
sanctions prescribed under that section.
(6) An individual who enters community service under this
section shall be allowed only 1 opportunity to complete the
community service alternative for each driver responsibility fee
owed. However, the court may allow an individual to withdraw from
that community service before the expiration of the 6-month period
for completing that community service for good cause shown. If the
individual is allowed to withdraw from community service for good
cause shown, that opportunity for completing community service
shall not be considered in the number of opportunities to perform
community service set forth in this subsection.
(7) The court shall notify the department of treasury when the
individual has successfully completed his or her community service
under this section.
