SUBSTITUTE FOR HOUSE BILL NO. 4098

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1 HB-0, As Passed House, September, 00 SUBSTITUTE FOR HOUSE BILL NO. 0 A bill to amend PA 00, entitled "Michigan vehicle code," by amending section a (MCL.a), as amended by 00 PA. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. a. () An THROUGH DECEMBER, 0, AN individual, whether licensed or not, who accumulates or more points on his or her driving record under sections 0a and c within a -year period for any violation not listed under subsection () shall be assessed a $00.00 driver responsibility fee. For THROUGH DECEMBER, 0, FOR each additional point accumulated above points not listed under subsection (), an additional fee of $0.00 shall be assessed. The secretary of state shall collect the fees described H00'0 (H-)

2 0 0 in this subsection once each year that the point total on an individual driving record is points or more. () 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 $, driver responsibility fee each year for consecutive years: (i) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile. (ii) Section 0b() or (), 0c() or (), or a() or () or, beginning October, 00, section 0d or () or (). (iii) Section (), (), or (), section m, or section of the natural resources and environmental protection act, PA, MCL., or a law or ordinance substantially corresponding to section (), (), or (), section m, or section of the natural resources and environmental protection act, PA, MCL.. (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 ANY OF THE FOLLOWING VIOLATIONS, the secretary of state shall assess a $00.00 driver responsibility fee each year for H00'0 (H-)

3 0 0 consecutive years AS FOLLOWS: (i) THROUGH DECEMBER, 0, AS FOLLOWS: (A) (i) Section (), (), (), or (). (B) (ii) Section or, beginning October, 00, section (). (C) (iii) Section 0. (D) (iv) Section 0, 0(), or 0 of the insurance code of, PA, MCL 00.0, 00.0, and (ii) BEGINNING JANUARY, 0, AS FOLLOWS: (A) SECTION (), (), (), OR (). (B) SECTION (). (c) Upon THROUGH DECEMBER, 0, UPON posting an abstract indicating that an individual has been found guilty for a violation of section 0, the secretary of state shall assess a $0.00 driver responsibility fee each year for consecutive years. A DRIVER RESPONSIBILITY FEE SHALL NOT BE ASSESSED OR COLLECTED UNDER THIS SUBDIVISION FOR A VIOLATION COMMITTED ON OR AFTER JANUARY, 0. (d) Upon THROUGH DECEMBER, 0, UPON posting an abstract indicating that an individual has been found guilty or determined responsible for a violation listed in section, the secretary of state shall assess a $00.00 driver responsibility fee each year for consecutive years. A DRIVER RESPONSIBILITY FEE SHALL NOT BE ASSESSED OR COLLECTED UNDER THIS SUBDIVISION FOR A VIOLATION COMMITTED ON OR AFTER JANUARY, 0. () The secretary of state shall send a notice of the driver responsibility assessment, as prescribed under subsection () or H00'0 (H-)

4 0 0 (), to the individual by regular mail to the address on the records of the secretary of state. If payment is not received within 0 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 0 days, the driver's driving privileges will be suspended. () The secretary of state may authorize payment by installment for a period not to exceed months. () Except as otherwise provided under this subsection, if payment is not received or an installment plan is not established after the time limit required by the second notice prescribed under subsection () 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 () 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 () but fails to make full or timely payments under that plan, the secretary of state shall suspend the individual's driving privileges. The secretary of state shall only reinstate a license H00'0 (H-)

5 0 0 House Bill No. 0 (H-) as amended September, 00 under this subsection once. () A fee shall not be assessed under this section for points or more on a driving record on October, 00. Points assigned after October, 00 shall be assessed as prescribed under subsections () and (). [() NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THIS SECTION, IF AN INDIVIDUAL OWES A DRIVER RESPONSIBILITY FEE FOR ANY OF THE FOLLOWING ON THE DATE THE AMENDATORY ACT THAT ADDED THIS SUBSECTION IS ENACTED INTO LAW, AND THE INDIVIDUAL PAYS 0% OR MORE OF THE TOTAL AMOUNT OWED BEFORE JANUARY, 0, THE REMAINING BALANCE OF THE FEE IS WAIVED: (A) POINTS UNDER SUBSECTION (). (B) A VIOLATION OF SECTION 0. (C) A VIOLATION OF SECTION. (D) A VIOLATION OF SECTION 0. (E) A VIOLATION OF SECTION 0, 0(), OR 0 OF THE INSURANCE CODE OF, PA, MCL 00.0, 00.0, AND 00.0.] () () 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. () () 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 H00'0 (H-)

6 0 0 energy, labor, and economic growth 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 PA, MCL. to.. (0) () 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 $,000, shall be credited to the general fund. (b) If more than $,000, is collected under this section, the next amount collected in excess of $,000, up to $,00, shall be credited to the fire protection fund created in this section. (c) If more than $00,000, is collected under this section, the next amount collected in excess of $00,000, up to $0,000, shall be credited to the fire protection fund created in this section. (d) Any amount collected after crediting the amounts under subdivisions (a), (b), and (c) shall be credited to the general fund. $,00, SHALL BE CREDITED TO THE FIRE PROTECTION FUND CREATED IN SUBSECTION (). (B) ANY AMOUNT COLLECTED AFTER CREDITING THE AMOUNT UNDER SUBDIVISION (A) SHALL BE CREDITED TO THE GENERAL FUND. () (0) The collection of assessments under this section is subject to section 0. Enacting section. This amendatory act does not take effect H00'0 (H-)

7 unless all of the following bills of the th Legislature are enacted into law: (a) House Bill No. 0. (b) House Bill No. 0. (c) House Bill No. 0. H00'0 (H-) Final Page

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