February 19, 2014, Introduced by Senators GREEN, KOWALL, WALKER and BIEDA and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 320e (MCL 257.320e), as amended by 2003 PA 152,
and by adding section 321d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 320e. (1) Except as otherwise provided in subsection (2),
(3), or (4), a person whose operator's or chauffeur's license is
suspended, revoked, or restricted pursuant to section 303, 319,
320,
324, 625, 625b, 625f, 732a, or 904 shall pay a license
reinstatement fee of $125.00 to the secretary of state before a
license is issued or returned to the person. The increase in the
reinstatement fee from $60.00 to $125.00 shall be imposed for a
license that is issued or returned on or after October 1, 1991
regardless of when the license was suspended, revoked, or
restricted. Of the increase in the reinstatement fee from $60.00 to
$125.00, $25.00 shall be allocated to the department of state,
$10.00 shall be deposited by the department of treasury in the
drunk driving prevention equipment and training fund created under
section 625h(1), and $30.00 shall be deposited by the department of
treasury in the drunk driving caseflow assistance fund created
under section 625h(5). The fee shall be waived if the license was
suspended or restricted because of the person's mental or physical
infirmity or disability.
(2) A person whose operator's or chauffeur's license is
suspended, revoked, or restricted pursuant to section 319(7) shall
pay a license reinstatement fee of $125.00 to the secretary of
state before a license is issued or returned to the person. The fee
shall be waived if the license was suspended or restricted because
of the person's mental or physical infirmity or disability.
(3) A person whose operator's or chauffeur's license is
suspended, revoked, or restricted pursuant to section 319e shall
pay a license reinstatement fee of $125.00 to the secretary of
state before a license is issued or returned to the person. Of the
$125.00 fee, $95.00 shall be allocated to the department of state
and $30.00 shall be deposited by the department of treasury in the
drug case information management fund created under section 323d.
(4) A person whose operator's or chauffeur's license is
suspended as provided in section 321c or 321d shall pay a license
reinstatement fee of $85.00 to the secretary of state before a
license is issued or returned to the person. The fee 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.
(5) The secretary of state shall assess points and take
licensing action, including suspending, revoking, or denying a
license under this act, according to the law in effect at the time
of the conspiracy to commit the offense or at the time the offense
was committed or attempted or the civil infraction occurred. If 1
or more of the convictions involved in a licensing sanction is a
violation or attempted violation of this act committed or attempted
after January 1, 1992, the secretary of state shall apply the law
in effect after January 1, 1992.
(6) Judicial review of an administrative licensing sanction
under section 303 shall be governed by the law in effect at the
time the offense was committed or attempted. If 1 or more of the
convictions involved in an administrative licensing sanction is a
violation or attempted violation of this act committed or attempted
after January 1, 1992, judicial review of that sanction shall be
governed by the law in effect after January 1, 1992.
Sec. 321d. (1) If a court notifies the secretary of state
under section 41309 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.41309, that a vehicle group
designation for a nonpassenger commercial motor vehicle under
section 312e shall be suspended or revoked, the secretary of state
shall, within 7 business days, suspend or revoke the license as
provided in the order and shall notify the licensee of the
suspension or revocation by first-class mail at his or her last
known address.
(2) If a person's designation described in subsection (1) is
ordered to be suspended or revoked under section 41309 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.41309, but the person's designation is already suspended,
revoked, or denied or the person does not have a designation to
suspend, the secretary of state shall not issue a designation
described in subsection (1) to the person until the person is in
compliance with subsection (3) and other provisions of this act.
(3) A suspension imposed under subsection (1) or (2) remains
in effect until all of the following occur:
(a) The suspension period set forth in the court order has
elapsed.
(b) The person pays to the secretary of state a $15.00 driver
license clearance fee. The secretary of state shall deposit money
received under this subdivision in the general fund. The money
shall be expended to defray the expenses of the secretary of state
in processing the suspension and reinstatement of operator's
licenses under this section.
(c) The person pays the reinstatement fee imposed under
section 320e.
(4) Unless a person's designation described in subsection (1)
is otherwise suspended, revoked, denied, or canceled, the
designation is immediately reinstated on satisfaction of the
requirements of subsection (3). The secretary of state shall
reissue the designation described in subsection (1) of a person
whose suspension is rescinded under subsection (3) within 30 days
after the suspension is rescinded under subsection (3).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 795
of the 97th Legislature is enacted into law.