HB-5079, As Passed House, February 14, 2018

HB-5079, As Passed Senate, February 14, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5079

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 732a, 732b, and 904 (MCL 257.732a, 257.732b,

and 257.904), section 732a as amended by 2016 PA 32, section 732b

as added by 2014 PA 283, and section 904 as amended by 2015 PA 11.

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 subsections (10) and (11), 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 subsections (10) and (11), 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 workforce training

under section 732b. All of the following apply to an individual

who, on or before February 1, 2018, has entered into an installment

payment plan as provided in this subsection:

     (a) Any outstanding driver responsibility fee assessed under

this section or outstanding installment payment shall not be

collected.

     (b) An individual is not liable for any outstanding driver

responsibility fee assessed under this section.

     (c) An individual whose driving privileges were suspended

under this section is eligible to reinstate his or her operator's

license if he or she is otherwise in compliance with this act.

     (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 workforce training under

section 732b but fails to successfully complete that service within

the 45-day period allowed, or withdraws from community service

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. and, for fiscal year 2018 only, the next $250,000.00

shall be credited to the department of treasury to implement and

administer the program created in section 732d. 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, except as otherwise provided in this subdivision, funds

appropriated under this subdivision shall not exceed $1,000,000.00

during any fiscal year. Funds appropriated under this subdivision

shall not exceed $1,250,000.00 during fiscal year 2018.

(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 Subject to subsections (4) and (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 Beginning

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 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 subdivision, no fee shall be assessed under subsection

(2)(b)(iii) or (iv).

House Bill No. 5079 as amended February 14, 2018

     (11) Beginning September 30, 2018, all of the following apply:

     (a) Any outstanding driver responsibility fee assessed under

this section shall not be collected.

     (b) An individual is not liable for any outstanding driver

responsibility fee assessed under this section or responsible for

completing workforce training under section 732b.

     (c) An individual whose driving privileges were suspended

under this section or an individual whose driving privileges were

suspended under section 904(10), if that suspension arose out of

the unlawful operation of a motor vehicle or a moving violation

reportable under section 732 while his or her driving privileges

were suspended under this section, is eligible to reinstate his or

her operator's license if he or she is otherwise in compliance with

this act.

<<(12) Beginning on the effective date of the amendatory act that added this subsection and ending December 31, 2018, an individual whose driving privileges were suspended under this section may reinstate his or her operator's license without payment of a fee to the secretary of state for the reinstatement. Beginning January 1, 2019, an individual whose driving privileges were suspended under this section may reinstate his or her operator's license upon payment of any fee required by the secretary of state for the reinstatement.

(13)(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(2)(b)(iii) or

(iv), (c), or (d), the individual may engage in 10 hours of

community service 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 workforce

training under subsection (1) by obtaining a community service

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(2)(b)(iii) or (iv), (c), or (d) a 1-

time-only written notice of the option of completing community

service workforce training as an alternative to paying that driver

responsibility fee. The notice shall include a statement that

community service 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 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 workforce training forms to the

department of treasury for purposes of this section.

     (3) If an individual chooses to engage in community service

workforce training under this section, the individual shall

complete the community service 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 workforce training form under this subsection, the

department of treasury shall inform the department of state that

the individual intends to complete community service 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

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 workforce

training under this section shall be allowed only 1 opportunity to

complete the community service workforce training alternative for

each driver responsibility fee owed. However, the department of

treasury may allow an individual to withdraw from that community

service workforce training before the expiration of the 45-day

period for completing that community service workforce training for

good cause shown. If the individual is allowed to withdraw from

community service workforce training for good cause shown, that

opportunity for completing community service workforce training

shall not be considered in the number of opportunities to perform

community service 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 workforce training under

this section, the individual may request the person with whom he or

she engaged in community service workforce training under this

section to verify on the community service workforce training form

in the manner designated by the secretary of state that he or she

successfully completed that community service. workforce training.

Upon verification, the individual may return the community service

workforce training form to the department of treasury for purposes

of this section. Any person who falsely verifies community service

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 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(2)(b)(iii) or (iv), (c), or (d) upon receiving verification

that the individual successfully completed the community service

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

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.

     Sec. 904. (1) A person whose operator's or chauffeur's license

or registration certificate has been suspended or revoked, whose

application for license has been denied, or who has never applied

for a license, shall not operate a motor vehicle upon a highway or

other place open to the general public or generally accessible to

motor vehicles, including an area designated for the parking of

motor vehicles, within this state.

     (2) A person shall not knowingly permit a motor vehicle owned

by the person to be operated upon a highway or other place open to

the general public or generally accessible to motor vehicles,

including an area designated for the parking of vehicles, within

this state by a person whose license or registration certificate is

suspended or revoked, whose application for license has been

denied, or who has never applied for a license, except as permitted

under this act.

     (3) Except as otherwise provided in this section, a person who

violates subsection (1) or (2) is guilty of a misdemeanor

punishable as follows:

     (a) For a first violation, by imprisonment for not more than

93 days or a fine of not more than $500.00, or both. Unless the

vehicle was stolen or used with the permission of a person who did

not knowingly permit an unlicensed driver to operate the vehicle,

the registration plates of the vehicle shall be canceled by the

secretary of state upon notification by a peace officer.

     (b) For a violation that occurs after a prior conviction, by

imprisonment for not more than 1 year or a fine of not more than

$1,000.00, or both. Unless the vehicle was stolen, the registration

plates of the vehicle shall be canceled by the secretary of state

upon notification by a peace officer.

     (4) A person who operates a motor vehicle in violation of

subsection (1) and who, by operation of that motor vehicle, causes

the death of another person is guilty of a felony punishable by

imprisonment for not more than 15 years or a fine of not less than

$2,500.00 or more than $10,000.00, or both. This subsection does

not apply to a person whose operator's or chauffeur's license was

suspended because that person failed to answer a citation or comply

with an order or judgment under section 321a.

     (5) A person who operates a motor vehicle in violation of

subsection (1) and who, by operation of that motor vehicle, causes

the serious impairment of a body function of another person is

guilty of a felony punishable by imprisonment for not more than 5

years or a fine of not less than $1,000.00 or more than $5,000.00,

or both. This subsection does not apply to a person whose

operator's or chauffeur's license was suspended because that person

failed to answer a citation or comply with an order or judgment

under section 321a.

     (6) In addition to being subject to any other penalty provided

for in this act, if a person is convicted under subsection (4) or

(5), the court may impose the sanction permitted under section

625n. If the vehicle is not ordered forfeited under section 625n,

the court shall order vehicle immobilization under section 904d in

the judgment of sentence.

     (7) A person shall not knowingly permit a motor vehicle owned

by the person to be operated upon a highway or other place open to

the general public or generally accessible to motor vehicles,

including an area designated for the parking of vehicles, within

this state, by a person whose license or registration certificate

is suspended or revoked, whose application for license has been

denied, or who has never been licensed except as permitted by this

act. If a person permitted to operate a motor vehicle in violation

of this subsection causes the serious impairment of a body function

of another person by operation of that motor vehicle, the person

knowingly permitting the operation of that motor vehicle is guilty

of a felony punishable by imprisonment for not more than 2 years,

or a fine of not less than $1,000.00 or more than $5,000.00, or

both. If a person permitted to operate a motor vehicle in violation

of this subsection causes the death of another person by operation

of that motor vehicle, the person knowingly permitting the

operation of that motor vehicle is guilty of a felony punishable by

imprisonment for not more than 5 years, or a fine of not less than

$1,000.00 or more than $5,000.00, or both.

     (8) If the prosecuting attorney intends to seek an enhanced

sentence under this section based upon the defendant having 1 or

more prior convictions, the prosecuting attorney shall include on

the complaint and information, or an amended complaint and

information, filed in district court, circuit court, municipal

court, or family division of circuit court, a statement listing the

defendant's prior convictions.

     (9) A prior conviction under this section shall be established

at or before sentencing by 1 or more of the following:

     (a) A copy of a judgment of conviction.

     (b) An abstract of conviction.

     (c) A transcript of a prior trial, plea, or sentencing.

     (d) A copy of a court register of action.

     (e) A copy of the defendant's driving record.

     (f) Information contained in a presentence report.

     (g) An admission by the defendant.

     (10) Upon Subject to section 732a(11)(c), upon receiving a

record of a person's conviction or civil infraction determination

for the unlawful operation of a motor vehicle or a moving violation

reportable under section 732 while the person's operator's or

chauffeur's license is suspended or revoked, the secretary of state

immediately shall impose an additional like period of suspension or

revocation. This subsection applies only if the violation occurs

during a suspension of definite length or if the violation occurs

before the person is approved for a license following a revocation.

     (11) Upon receiving a record of a person's conviction or civil

infraction determination for the unlawful operation of a motor

vehicle or a moving violation reportable under section 732 while

the person's operator's or chauffeur's license is indefinitely

suspended or whose application for a license has been denied, the

secretary of state immediately shall impose a 30-day period of

suspension or denial.

     (12) Upon receiving a record of the conviction, bond

forfeiture, or a civil infraction determination of a person for

unlawful operation of a motor vehicle requiring a vehicle group

designation while the designation is suspended or revoked under

section 319b, or while the person is disqualified from operating a

commercial motor vehicle by the United States Secretary of

Transportation or under 49 USC 31301 to 31317, the secretary of

state immediately shall impose an additional like period of

suspension or revocation. This subsection applies only if the

violation occurs during a suspension of definite length or if the

violation occurs before the person is approved for a license

following a revocation.

     (13) If the secretary of state receives records of more than 1

conviction or civil infraction determination resulting from the

same incident, all of the convictions or civil infraction

determinations shall be treated as a single violation for purposes

of imposing an additional period of suspension or revocation under

subsection (10), (11), or (12).

     (14) Before a person is arraigned before a district court

magistrate or judge on a charge of violating this section, the

arresting officer shall obtain the person's driving record from the

secretary of state and shall furnish the record to the court. The

driving record of the person may be obtained from the secretary of

state's computer information network.

     (15) This section does not apply to a person who operates a

vehicle solely for the purpose of protecting human life or property

if the life or property is endangered and summoning prompt aid is

essential.

     (16) A person whose vehicle group designation is suspended or

revoked and who has been notified as provided in section 212 of

that suspension or revocation, or whose application for a vehicle

group designation has been denied as provided in this act, or who

has never applied for a vehicle group designation and who operates

a commercial motor vehicle within this state, except as permitted

under this act, while any of those conditions exist is guilty of a

misdemeanor punishable, except as otherwise provided in this

section, by imprisonment for not less than 3 days or more than 93

days or a fine of not more than $100.00, or both.

     (17) If a person has a second or subsequent suspension or

revocation under this section within 7 years as indicated on the

person's Michigan driving record, the court shall proceed as

provided in section 904d.

     (18) Any period of suspension or revocation required under

subsection (10), (11), or (12) does not apply to a person who has

only 1 currently effective suspension or denial on his or her

Michigan driving record under section 321a and was convicted of or

received a civil infraction determination for a violation that

occurred during that suspension or denial. This subsection may only

be applied once during the person's lifetime.

     (19) For purposes of this section, a person who never applied

for a license includes a person who applied for a license, was

denied, and never applied again.

     Enacting section 1. This amendatory act takes effect 30 days

after the date it is enacted into law.