December 1, 2015, Introduced by Senator KOWALL and referred to the Committee on Commerce.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319 and 741 (MCL 257.319 and 257.741), section
319 as amended by 2015 PA 11 and section 741 as amended by 2006 PA
298, and by adding sections 751, 752, and 753.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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 former 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) Beginning 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
653a(3), section 626 before October 31, 2010, or, beginning October
31, 2010, section 626(2).
(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 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) Beginning 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) Beginning 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. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i) Beginning 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 require an additional like period of
suspension and restriction for any of the following:
(i) 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 the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(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) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) The secretary of state shall suspend a person's license
as provided in this section upon receiving evidence that the person
is subject to a final decision or order for the nonpayment of a
user fee and associated costs under section 753(12) for the shorter
of the following:
(a) Thirty days.
(b) Until the secretary of state is notified by each public
authority or private party to whom payment is owed under the final
decision or order that the full amount ordered has been paid, or
upon the applicant's presentation of evidence satisfactory to the
secretary of state that the full amount ordered has been paid.
(14) (13)
Except as provided in subsection (15),
(16), a
suspension under this section shall be imposed notwithstanding a
court order unless the court order complies with section 323.
(15) (14)
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.
(16) (15)
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.
(17) (16)
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.
(18) (17)
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.
(19) (18)
Except as provided in subsection (17),
(18), 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.
(viii) An ignition interlock service provider as required.
(20) (19)
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.
(21) (20)
Subject to subsection (22), (23), 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 (21), (22), 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) Beginning October 31, 2010, a violation of section 601d or
section 626(3) or (4).
(22) (21)
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.
(23) (22)
If 2 or more convictions described
in subsection
(20)
(21) 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. 741. (1) A civil infraction action is a civil action in
which the defendant is alleged to be responsible for a civil
infraction or a civil violation. A civil infraction or civil
violation action is commenced upon the issuance and service of a
citation as provided in section 742 or as provided in section 753.
The plaintiff in a civil infraction or civil violation action shall
be either the state if the alleged civil infraction is a violation
of this act, or a political subdivision if the alleged civil
infraction or civil violation is a violation of a local ordinance
of
that subdivision which that
substantially corresponds to a
provision of this act.
(2)
The following courts shall have jurisdiction over civil
infraction actions and civil violations:
(a) The district court.
(b)
Any A municipal court.
(3) The time specified in a citation for appearance shall be
within
a reasonable time after the citation is issued pursuant to
under section 742 or as provided in section 753.
(4) The place specified in the citation for appearance shall
be
the court listed in subsection (2) which that has territorial
jurisdiction of the place where the civil infraction or civil
violation occurred. Venue in the district court shall be governed
by section 8312 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.8312.
(5) If the person cited is a minor, that individual shall be
permitted to appear in court or to admit responsibility for a civil
infraction without the necessity of appointment of a guardian or
next
friend. The courts listed in subsection (2) shall have
jurisdiction over the minor and may proceed in the same manner and
in all respects as if that individual were an adult.
(6) As used in this section, "civil violation" means that term
as defined in section 751.
USER FEES
Sec. 751. As used in this section through section 753:
(a) "Civil violation" means a violation of a traffic law that
is or may be prosecuted under this subdivision and that is not a
civil infraction.
(b) "Owner" means a person in whose name a motor vehicle is
registered in this state, another state, or another country, or
with the federal government, except as follows:
(i) A motor vehicle rental or leasing company when a motor
vehicle registered by the company is being operated by another
person under a rental or lease agreement with the company, in which
event owner means the person to whom the vehicle is rented or
leased.
(ii) A motor vehicle displaying a dealer license plate, in
which event owner means the person to whom the vehicle is assigned
for use.
(iii) A motor vehicle that was reported stolen to a law
enforcement agency before the time of the civil violation, in which
event owner means the person who is found guilty of stealing the
motor vehicle.
(c) "Private party" means that term as defined in the Michigan
alternative project delivery act.
(d) "Public authority" means that term as defined in the
Michigan alternative project delivery act.
(e) "Public-private agreement" means that term as defined in
the Michigan alternative project delivery act.
(f) "User fee" means user fees as that term as defined in the
Michigan alternative project delivery act.
Sec. 752. (1) Failure to pay a user fee is a civil violation,
punishable by a fine of 3 times the amount of the user fee, in
addition to payment of the unpaid user fee and any other rights or
remedies available to a public authority or a private party at law
or under a public-private agreement.
(2) If an owner fails to pay the fine or other amounts
described in subsection (1) within 180 days after incurring a user
fee, a public authority or a private entity authorized by a public
authority may request the secretary of state to conduct an
administrative hearing. If the administrative hearing results in a
determination that the owner owes unpaid user fees, the owner shall
also reimburse the public authority or private entity for costs of
enforcement and collection, including filing fees and attorney
fees. Except as otherwise provided in this section, the secretary
of state shall conduct an administrative hearing requested under
this subsection in the same manner as a contested case under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(3) During the period that an owner owes user fees for use of
a transportation facility and has failed to pay those fees, a
public authority or a private party authorized by a public
authority may prohibit that owner or a motor vehicle used by that
owner from using the transportation facility.
(4) A public authority or a private party authorized by a
public authority may, but is not required to, offer video,
electronic, or other image capture technology toll transactions as
a means of paying user fees.
Sec. 753. (1) If an owner is found by electronic transaction
and payment technology or image capture technology or by visual
observation to fail to pay a user fee, a public authority or
private party to whom the user fee is owed shall deliver a notice
of payment due to the owner or any other person who may be
responsible for paying the user fee as provided in this section.
(2) Except as otherwise provided in this subsection, a notice
of payment due described in subsection (1) shall be delivered no
later than 180 calendar days after the user fee is incurred. If the
identity or address of the owner is not ascertainable within 180
calendar days after the user fee is incurred, the public authority
or private party shall deliver the notice of payment due no later
than 270 days after the user fee is incurred.
(3) The notice of payment due described in subsection (1)
shall include all of the following:
(a) The date, approximate time, and approximate location of
the transaction or use of the transportation facility resulting in
the nonpayment of the user fee.
(b) The motor vehicle's registration plate number.
(c) The make of the motor vehicle, if known.
(d) A photograph or image of the registration plate of the
motor vehicle that incurred the user fee, if available.
(e) The amount of the user fee and any administrative charges
or penalties, stated separately.
(f) The deadline by which payment must be made to avoid
incurring additional charges or other consequences provided by law.
The deadline described in this subdivision shall not be less than
14 calendar days after the date that the notice of payment due is
delivered.
(g) The address of the person to whom payment may be sent.
(h) A statement describing the acceptable methods of making
payment, including by mail.
(4) If a user fee is not paid by the due date in the notice of
payment described in subsection (3)(f), the public authority or
private party to whom the user fee is owed may deliver to the owner
a notice of nonpayment.
(5) The notice of nonpayment described in subsection (4) shall
include all of the following:
(a) The date, approximate time, and approximate location of
the transaction or use of the transportation facility resulting in
the nonpayment of the user fee.
(b) The motor vehicle's registration plate number.
(c) The make of the motor vehicle, if known.
(d) A photograph or image of the registration plate of the
motor vehicle that incurred the user fee, if available.
(e) The amount of the user fee and any administrative charges
or penalties, stated separately.
(f) A statement that notice of payment due was sent, and that
the owner failed to remit payment as required.
(g) The deadline by which payment must be made to avoid
incurring additional charges or other consequences provided by law.
The deadline described in this subdivision shall not be less than
14 calendar days after the date that the notice of nonpayment of
user fee is delivered.
(h) A statement that if the amount owing as described in the
notice of nonpayment is not paid by the deadline under subdivision
(g), the nonpayment is a civil violation, and the recipient of the
notice may be subject to additional action under this act and any
other applicable law.
(i) The address of the person to whom payment may be sent.
(j) A statement describing the acceptable methods of making
payment, including by mail.
(6) A public authority or private party to whom payment of a
user fee is owing that seeks to enforce collection of the user fee,
administrative charges, and penalties, or an owner who receives a
notice delivered under subsection (5) who wishes to contest the
nonpayment of the user fee may request the secretary of state to
conduct an administrative hearing no later than 1 year after the
deadline prescribed in the notice delivered under subsection (5).
Except as otherwise provided in this section, the secretary of
state shall conduct an administrative hearing requested under this
subsection in the same manner as a contested case under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(7) If a public authority or private party to whom payment of
a user fee is owing requests an administrative hearing under
subsection (6), the owner may contest the alleged nonpayment and
associated administrative charges and penalties at the hearing. The
scope of the hearing shall be limited to the user fees,
administrative charges, and penalties identified in the notice
delivered under subsection (5).
(8) If the evidence presented by a public authority or private
party to whom a user fee is owing includes all of the following, it
shall be considered prima facie evidence of the nonpayment of the
amounts described in the notice delivered under subsection (5):
(a) The notice of payment due.
(b) The notice of nonpayment.
(c) Information received from the secretary of state or any
other state or local government agency that identifies the owner.
(d) A certificate sworn to or affirmed by a person employed,
engaged, or authorized by a public authority or a private party to
whom a user fee is owing that states, to the knowledge of that
person, all of the following:
(i) The notice of payment due and the notice of nonpayment are
authentic.
(ii) The amount due is accurate.
(iii) The notice of payment due and the notice of nonpayment
were delivered as required by this section.
(e) If the owner is a lessee of the motor vehicle, a copy of
the rental agreement, lease, contract document, or an affidavit
that identifies the lessee at the time of the alleged nonpayment.
(f) If the owner is a transferee of title to the motor
vehicle, a copy of the assignment of title or interest in the motor
vehicle and a warranty to the transferee that evidences a transfer
of title to the person identified in the notice of nonpayment prior
to the date of the alleged nonpayment.
(9) A person authorized to issue a notice of payment due or
notice of nonpayment is not required to participate in a hearing
under subsection (7) and is not subject to a subpoena.
(10) If a public authority or private party to whom payment of
a user fee is owing requests a hearing under subsection (7) and the
owner fails to appear at the time of the hearing to contest the
nonpayment, the hearing officer shall make a record of the evidence
described in subsection (8) and enter a written decision or order
based on the evidence presented by the public authority or private
entity to whom payment of the user fee is owing.
(11) Upon entry of a decision or order after a hearing under
subsection (7) or (10), if the hearing officer finds that the owner
is responsible for an unpaid user fee, the hearing officer shall
direct the owner to remit the unpaid user fee, administrative
charges, and other penalties to the appropriate public authority or
private entity to whom the user fee is owing no later than 14
calendar days after entry of the decision or order.
(12) Unless an aggrieved party appeals the decision or order
within the applicable time limit, a decision or order of the
hearing officer after an administrative hearing under subsection
(7) or (10) is final and may be enforced by execution and levy.
After a decision or order becomes final, each person determined in
the final decision or order to be liable for the nonpayment of a
user fee is considered to be indebted to the public authority or
private entity to whom payment of the user fee is owed for the user
fee, administrative charges, and penalties, as well as any assessed
filing fees and post-award collection and execution costs, until
those amounts are fully paid or compromised in a mutually agreed-
upon settlement.
(13) Once a decision becomes final under subsection (12), a
public authority or private entity to whom payment of a user fee is
owing may do any of the following to collect the amount due:
(a) Levy the person's assets.
(b) Place a lien against the person's property.
(c) Garnish the person's wages.
(d) Any other actions authorized by state law, including
impounding the owner's motor vehicle until the amount due is paid.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 627
of the 98th Legislature is enacted into law.