SB-0468, As Passed House, April 21, 2010

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 468

 

 

 

 

 

 

 

 

 

 

     [A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 732, 907, and 909 (MCL 257.732, 257.907, and

 

257.909), section 732 as amended by 2006 PA 298, section 907 as amended

 

by 2008 PA 463, and section 909 as amended by 2000 PA 94.]

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 732. (1) Each municipal judge and each clerk of a court

 

of record shall keep a full record of every case in which a person

 

is charged with or cited for a violation of this act or a local

 

ordinance substantially corresponding to this act regulating the

 

operation of vehicles on highways and with those offenses

 

pertaining to the operation of ORVs or snowmobiles for which points

 

are assessed under section 320a(1)(c) or (i). Except as provided in

 

subsection (16), the municipal judge or clerk of the court of

 

record shall prepare and forward to the secretary of state an


 

abstract of the court record as follows:

 

     (a) Not more than 5 days after a conviction, forfeiture of

 

bail, or entry of a civil infraction determination or default

 

judgment upon a charge of or citation for violating or attempting

 

to violate this act or a local ordinance substantially

 

corresponding to this act regulating the operation of vehicles on

 

highways.

 

     (b) Immediately for each case charging a violation of section

 

625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local

 

ordinance substantially corresponding to section 625(1), (3), (6),

 

or (8) or section 625m in which the charge is dismissed or the

 

defendant is acquitted.

 

     (c) Immediately for each case charging a violation of section

 

82127(1) or (3), 81134, or 81135 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.82127,

 

324.81134, and 324.81135, or a local ordinance substantially

 

corresponding to those sections.

 

     (2) If a city or village department, bureau, or person is

 

authorized to accept a payment of money as a settlement for a

 

violation of a local ordinance substantially corresponding to this

 

act, the city or village department, bureau, or person shall send a

 

full report of each case in which a person pays any amount of money

 

to the city or village department, bureau, or person to the

 

secretary of state upon a form prescribed by the secretary of

 

state.

 

     (3) The abstract or report required under this section shall

 

be made upon a form furnished by the secretary of state. An


 

abstract shall be certified by signature, stamp, or facsimile

 

signature of the person required to prepare the abstract as

 

correct. An abstract or report shall include all of the following:

 

     (a) The name, address, and date of birth of the person charged

 

or cited.

 

     (b) The number of the person's operator's or chauffeur's

 

license, if any.

 

     (c) The date and nature of the violation.

 

     (d) The type of vehicle driven at the time of the violation

 

and, if the vehicle is a commercial motor vehicle, that vehicle's

 

group designation.

 

     (e) The date of the conviction, finding, forfeiture, judgment,

 

or civil infraction determination.

 

     (f) Whether bail was forfeited.

 

     (g) Any license restriction, suspension, or denial ordered by

 

the court as provided by law.

 

     (h) The vehicle identification number and registration plate

 

number of all vehicles that are ordered immobilized or forfeited.

 

     (i) Other information considered necessary to the secretary of

 

state.

 

     (4) The clerk of the court also shall forward an abstract of

 

the court record to the secretary of state upon a person's

 

conviction involving any of the following:

 

     (a) A violation of section 413, 414, or 479a of the Michigan

 

penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

 

     (b) A violation of section 1 of former 1931 PA 214.

 

     (c) Negligent homicide, manslaughter, or murder resulting from


 

the operation of a vehicle.

 

     (d) A violation of section 703 of the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to that section.

 

     (e) A violation of section 411a(2) of the Michigan penal code,

 

1931 PA 328, MCL 750.411a.

 

     (f) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 as adopted by section 1a of the motor carrier

 

safety act of 1963, 1963 PA 181, MCL 480.11a.

 

     (g) A violation of section 57 of the pupil transportation act,

 

1990 PA 187, MCL 257.1857.

 

     (h) A violation of motor carrier safety regulations 49 CFR

 

392.10 or 392.11 as adopted by section 31 of the motor bus

 

transportation act, 1982 PA 432, MCL 474.131.

 

     (i) An attempt to violate, a conspiracy to violate, or a

 

violation of part 74 of the public health code, 1978 PA 368, MCL

 

333.7401 to 333.7461, or a local ordinance that prohibits conduct

 

prohibited under part 74 of the public health code, 1978 PA 368,

 

MCL 333.7401 to 333.7461, unless the convicted person is sentenced

 

to life imprisonment or a minimum term of imprisonment that exceeds

 

1 year for the offense.

 

     (j) An attempt to commit an offense described in subdivisions

 

(a) to (h).

 

     (k) A violation of chapter LXXXIII-A of the Michigan penal

 

code, 1931 PA 328, MCL 750.543a to 750.543z.

 

     (l) A violation of section 3101, 3102(1), or 3103 of the

 

insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and


 

500.3103.

 

     (m) A violation listed as a disqualifying offense under 49 CFR

 

383.51.

 

     (5) The clerk of the court shall also forward an abstract of

 

the court record to the secretary of state if a person has pled

 

guilty to, or offered a plea of admission in a juvenile proceeding

 

for, a violation of section 703 of the Michigan liquor control code

 

of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to that section, and has had further

 

proceedings deferred under that section. If the person is sentenced

 

to a term of probation and terms and conditions of probation are

 

fulfilled and the court discharges the individual and dismisses the

 

proceedings, the court shall also report the dismissal to the

 

secretary of state.

 

     (6) As used in subsections (7) to (9), "felony in which a

 

motor vehicle was used" means a felony during the commission of

 

which the person 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:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     (7) If a person is charged with a felony in which a motor

 

vehicle was used, other than a felony specified in subsection (4)

 

or section 319, the prosecuting attorney shall include the


 

following statement on the complaint and information filed in

 

district or circuit court:

 

     "You are charged with the commission of a felony in which a

 

motor vehicle was used. If you are convicted and the judge finds

 

that the conviction is for a felony in which a motor vehicle was

 

used, as defined in section 319 of the Michigan vehicle code, 1949

 

PA 300, MCL 257.319, your driver's license shall be suspended by

 

the secretary of state.".

 

     (8) If a juvenile is accused of an act, the nature of which

 

constitutes a felony in which a motor vehicle was used, other than

 

a felony specified in subsection (4) or section 319, the

 

prosecuting attorney or family division of circuit court shall

 

include the following statement on the petition filed in the court:

 

     "You are accused of an act the nature of which constitutes a

 

felony in which a motor vehicle was used. If the accusation is

 

found to be true and the judge or referee finds that the nature of

 

the act constitutes a felony in which a motor vehicle was used, as

 

defined in section 319 of the Michigan vehicle code, 1949 PA 300,

 

MCL 257.319, your driver's license shall be suspended by the

 

secretary of state.".

 

     (9) If the court determines as part of the sentence or

 

disposition that the felony for which the person was convicted or

 

adjudicated and with respect to which notice was given under

 

subsection (7) or (8) is a felony in which a motor vehicle was

 

used, the clerk of the court shall forward an abstract of the court

 

record of that conviction to the secretary of state.

 

     (10) As used in subsections (11) and (12), "felony in which a


 

commercial motor vehicle was used" means a felony during the

 

commission of which the person operated a commercial motor vehicle

 

and while the person was operating the vehicle 1 or more of the

 

following circumstances existed:

 

     (a) The vehicle was used as an instrument of the felony.

 

     (b) The vehicle was used to transport a victim of the felony.

 

     (c) The vehicle was used to flee the scene of the felony.

 

     (d) The vehicle was necessary for the commission of the

 

felony.

 

     (11) If a person is charged with a felony in which a

 

commercial motor vehicle was used and for which a vehicle group

 

designation on a license is subject to suspension or revocation

 

under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

 

319b(1)(f)(i), the prosecuting attorney shall include the following

 

statement on the complaint and information filed in district or

 

circuit court:

 

     "You are charged with the commission of a felony in which a

 

commercial motor vehicle was used. If you are convicted and the

 

judge finds that the conviction is for a felony in which a

 

commercial motor vehicle was used, as defined in section 319b of

 

the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

 

group designations on your driver's license shall be suspended or

 

revoked by the secretary of state.".

 

     (12) If the judge determines as part of the sentence that the

 

felony for which the defendant was convicted and with respect to

 

which notice was given under subsection (11) is a felony in which a

 

commercial motor vehicle was used, the clerk of the court shall


 

forward an abstract of the court record of that conviction to the

 

secretary of state.

 

     (13) Every person required to forward abstracts to the

 

secretary of state under this section shall certify for the period

 

from January 1 through June 30 and for the period from July 1

 

through December 31 that all abstracts required to be forwarded

 

during the period have been forwarded. The certification shall be

 

filed with the secretary of state not later than 28 days after the

 

end of the period covered by the certification. The certification

 

shall be made upon a form furnished by the secretary of state and

 

shall include all of the following:

 

     (a) The name and title of the person required to forward

 

abstracts.

 

     (b) The court for which the certification is filed.

 

     (c) The time period covered by the certification.

 

     (d) The following statement:

 

     "I certify that all abstracts required by section 732 of the

 

Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

 

________________ through ______________ have been forwarded to the

 

secretary of state.".

 

     (e) Other information the secretary of state considers

 

necessary.

 

     (f) The signature of the person required to forward abstracts.

 

     (14) The failure, refusal, or neglect of a person to comply

 

with this section constitutes misconduct in office and is grounds

 

for removal from office.

 

     (15) Except as provided in subsection (16), the secretary of


 

state shall keep all abstracts received under this section at the

 

secretary of state's main office and the abstracts shall be open

 

for public inspection during the office's usual business hours.

 

Each abstract shall be entered upon the master driving record of

 

the person to whom it pertains.

 

     (16) Except for controlled substance offenses described in

 

subsection (4), the court shall not submit, and the secretary of

 

state shall discard and not enter on the master driving record, an

 

abstract for a conviction or civil infraction determination for any

 

of the following violations:

 

     (a) The parking or standing of a vehicle.

 

     (b) A nonmoving violation that is not the basis for the

 

secretary of state's suspension, revocation, or denial of an

 

operator's or chauffeur's license.

 

     (c) A violation of chapter II that is not the basis for the

 

secretary of state's suspension, revocation, or denial of an

 

operator's or chauffeur's license.

 

     (d) A pedestrian, passenger, or bicycle violation, other than

 

a violation of section 703(1) or (2) of the Michigan liquor control

 

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

 

substantially corresponding to section 703(1) or (2) of the

 

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

 

section 624a or 624b or a local ordinance substantially

 

corresponding to section 624a or 624b.

 

     (e) A violation of section 710e or a local ordinance

 

substantially corresponding to section 710e.

 

     (f) A violation of section 328(1) if, before the appearance


 

date on the citation, the person submits proof to the court that

 

the motor vehicle had insurance meeting the requirements of

 

sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,

 

MCL 500.3101 and 500.3102, at the time the citation was issued.

 

Insurance obtained subsequent to the time of the violation does not

 

make the violation an exception under this subsection.

 

     (g) A violation described in section 319b(10)(b)(vii) if,

 

before the court appearance date or date fines are to be paid, the

 

person submits proof to the court that he or she held a valid

 

commercial driver license on the date the citation was issued.

 

     (h) A violation of section 311 if the person was driving a

 

noncommercial vehicle and, before the court appearance date or the

 

date fines are to be paid, the person submits proof to the court

 

that he or she held a valid driver license on the date the citation

 

was issued.

 

     (i) A violation of section 602b.

 

     (17) Except as otherwise provided in this subsection, the

 

secretary of state shall discard and not enter on the master

 

driving record an abstract for a bond forfeiture that occurred

 

outside this state. The secretary of state shall enter on the

 

master driving record an abstract for a conviction as defined in

 

section 8a(b) that occurred outside this state in connection with

 

the operation of a commercial motor vehicle or for a conviction of

 

a person licensed as a commercial motor vehicle driver.

 

     (18) The secretary of state shall inform the courts of this

 

state of the nonmoving violations and violations of chapter II that

 

are used by the secretary of state as the basis for the suspension,


 

restriction, revocation, or denial of an operator's or chauffeur's

 

license.

 

     (19) If a conviction or civil infraction determination is

 

reversed upon appeal, the person whose conviction or determination

 

has been reversed may serve on the secretary of state a certified

 

copy of the order of reversal. The secretary of state shall enter

 

the order in the proper book or index in connection with the record

 

of the conviction or civil infraction determination.

 

     (20) The secretary of state may permit a city or village

 

department, bureau, person, or court to modify the requirement as

 

to the time and manner of reporting a conviction, civil infraction

 

determination, or settlement to the secretary of state if the

 

modification will increase the economy and efficiency of collecting

 

and utilizing the records. If the permitted abstract of court

 

record reporting a conviction, civil infraction determination, or

 

settlement originates as a part of the written notice to appear,

 

authorized in section 728(1) or 742(1), the form of the written

 

notice and report shall be as prescribed by the secretary of state.

 

     (21) Notwithstanding any other law of this state, a court

 

shall not take under advisement an offense committed by a person

 

while operating a commercial motor vehicle or by a person licensed

 

to drive a commercial motor vehicle while operating a noncommercial

 

motor vehicle at the time of the offense, for which this act

 

requires a conviction or civil infraction determination to be

 

reported to the secretary of state. A conviction or civil

 

infraction determination that is the subject of this subsection

 

shall not be masked, delayed, diverted, suspended, or suppressed by


 

a court. Upon a conviction or civil infraction determination, the

 

conviction or civil infraction determination shall immediately be

 

reported to the secretary of state in accordance with this section.

 

     (22) Except as provided in this act and notwithstanding any

 

other provision of law, a court shall not order expunction of any

 

violation reportable to the secretary of state under this section.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined pursuant to sections 741 to 750

 

to be responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

beginning October 31, 2010, if the civil infraction was a moving

 

violation that resulted in an at-fault collision with another

 

vehicle, a person, or any other object, the civil fine ordered

 

under this section shall be increased by $25.00 but the total civil

 

fine shall not exceed $100.00. However, for a violation of section

 

602b, the person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of $100.00 for a first offense and

 

$200.00 for a second or subsequent offense. For a violation of

 

section 674(1)(s) or a local ordinance substantially corresponding

 

to section 674(1)(s), the person shall be ordered to pay costs as

 

provided in subsection (4) and a civil fine of not less than


 

$100.00 or more than $250.00. For a violation of section 328, the

 

civil fine ordered under this subsection shall be not more than

 

$50.00. For a violation of section 710d, the civil fine ordered

 

under this subsection shall not exceed $10.00. For a violation of

 

section 710e, the civil fine and court costs ordered under this

 

subsection shall be $25.00. For a violation of section 682 or a

 

local ordinance substantially corresponding to section 682, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of not less than $100.00 or more than $500.00. For

 

a violation of section 240, the civil fine ordered under this

 

subsection shall be $15.00. For a violation of section 252a(1), the

 

civil fine ordered under this subsection shall be $50.00. For a

 

violation of section 676a(3), the civil fine ordered under this

 

section shall be not more than $10.00. For a violation of section

 

319f(1), the civil fine ordered under this section shall be not

 

less than $1,100.00 or more than $2,750.00. For a violation of

 

section 319g(1)(a), the civil fine ordered under this section shall

 

be not more than $10,000.00. For a violation of section 319g(1)(b),

 

the civil fine ordered under this section shall be not less than

 

$2,750.00 or more than $11,000.00. Permission may be granted for

 

payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

 

is included in the order or judgment, the civil fine and costs

 

shall be payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance


 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00. If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under section

 

319g or a local ordinance substantially corresponding to section

 

319g, that person shall be ordered to pay costs as provided in

 

subsection (4) and a civil fine of not more than $10,000.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

 

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (14), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the


 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment


 

ordered under subsection (14), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued pursuant to this section within the time prescribed by the

 

court, the driver's license of that person shall be suspended

 

pursuant to section 321a until full compliance with that order or

 

judgment occurs. In addition to this suspension, the court may also

 

proceed under section 908.

 

     (12) The court shall waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) Until October 1, 2003, in addition to any civil fines and

 

costs ordered to be paid under this section, the judge or district

 

court magistrate shall levy an assessment of $5.00 for each civil

 

infraction determination, except for a parking violation or a

 

violation for which the total fine and costs imposed are $10.00 or

 

less. An assessment paid before October 1, 2003 shall be

 

transmitted by the clerk of the court to the state treasurer to be

 

deposited into the Michigan justice training fund. An assessment

 

ordered before October 1, 2003 but collected on or after October 1,


 

2003 shall be transmitted by the clerk of the court to the state

 

treasurer for deposit in the justice system fund created in section

 

181 of the revised judicature act of 1961, 1961 PA 236, MCL

 

600.181. An assessment levied under this subsection is not a civil

 

fine for purposes of section 909.

 

     (14) Effective October 1, 2003, in addition to any civil fines

 

or costs ordered to be paid under this section, the judge or

 

district court magistrate shall order the defendant to pay a

 

justice system assessment of $40.00 for each civil infraction

 

determination, except for a parking violation or a violation for

 

which the total fine and costs imposed are $10.00 or less. Upon

 

payment of the assessment, the clerk of the court shall transmit

 

the assessment collected to the state treasury to be deposited into

 

the justice system fund created in section 181 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment

 

levied under this subsection is not a civil fine for purposes of

 

section 909.

 

     (15) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (16) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

pursuant to section 328(2), the court may waive the fee described

 

in section 328(3)(c) and shall waive any fine, costs, and any other


Senate Bill No. 468 (H-1) as amended April 21, 2010

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (17) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

     [Sec. 909. (1) Except as provided in subsection (2) this section, a civil fine which that is ordered under section 907 for a violation of this act or other state statute shall be exclusively applied to the support of public libraries and county law libraries in the same manner as is provided by law for penal fines assessed and collected for violation of a penal law of the state. A Except as provided in subsection (3), a civil fine ordered for a violation of a code or ordinance of a local authority regulating the operation of commercial motor vehicles and substantially corresponding to a provision of this act shall be paid to the county treasurer and shall be allocated as follows:

     (a) Seventy percent to the local authority in which the citation is issued.

     (b) Thirty percent for library purposes as provided by law.

     (2) Subsection (1) is intended to maintain a source of revenue for public libraries which previously received penal fines for misdemeanor violations of this act which are now civil infractions.

     (3) Beginning on the effective date of the amendatory act that added this subsection, a civil fine ordered for a violation of section 602b or a local ordinance substantially corresponding to section 602b shall be deposited in the general fund. This subsection is intended to offset the loss of revenue occasioned by the reduction in driver responsibility fees collected under section 732a. this subsection does not take effect unless driver responsibility fees cease being assessed under section 732a(1) and (2)(c) and (d).]

     Enacting section 1. This amendatory act takes effect July 1,

 

2010.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4370.

 

     (b) House Bill No. 4394.