HOUSE BILL No. 4700 May 18, 1999, Introduced by Reps. Hale, Bogardus, Vaughn, Jamnick, Spade, Pappageorge, DeHart, Basham, Wojno, Thomas and Brewer and referred to the Committee on Criminal Law and Corrections. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 27a, 249, 249a, 254, and 732 (MCL 257.27a, 257.249, 257.249a, 257.254, and 257.732), sections 27a, 249, and 249a as amended by 1993 PA 300, section 254 as amended by 1990 PA 98, and section 732 as amended by 1998 PA 348, and by adding sec- tion 254a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 27a. "Major component part" means1ANY of the fol- 2 lowing parts of a vehicle: 3 (a) The engine. 4 (b) The transmission. 5 (c) The right or left front fender. 6 (d) The hood. 00595'99 b JOJ 2 1 (e) A door allowing entrance to or egress from the vehicle's 2 passenger compartment.of the vehicle.3 (f) The front or rear bumper. 4 (g) The right or left rear quarter panel. 5 (h) The deck lid, tailgate, or hatchback. 6 (i) The trunk floor pan. 7 (j) The cargo box of a pickup. 8 (k) The frame,or, if the vehicle has a unitized body, 9 the supporting structure or structures that serve as the frame. 10 (l) The cab of a truck. 11 (m) The body of a passenger vehicle. 12 (N) AN AIR BAG. 13 (O) THE TRANSFER CASE. 14 (P) A WHEEL. 15 (Q) ANY OTHER PART OF A MOTOR VEHICLE THE SECRETARY OF STATE 16 DETERMINES IS COMPARABLE IN DESIGN OR FUNCTION TO ANY OF THE 17 PARTS LISTED IN SUBDIVISIONS (A) TO (P). 18 Sec. 249. The secretary of state may deny the application 19 of a person for a license as a dealer and refuse to issue the 20 person a license as a dealer, or may suspend or revoke a license 21 already issued, if the secretary of state finds that 1 or more of 22 the following apply: 23 (a) The applicant or licensee has made a false statement of 24 a material fact in his or her application. 25 (b) The applicant or licensee has not complied with the pro- 26 visions of this chapter or a rule promulgated under this 27 chapter. 00595'99 b 3 1 (c) The applicant or licensee has sold or offered for sale a 2 new vehicle of a type required to be registered under this act 3 without having authority of a contract with a manufacturer or 4 distributor of the new vehicle. 5 (d) The applicant or licensee has been guilty of a fraudu- 6 lent act in connection with selling or otherwise dealing in vehi- 7 cles of a type required to be registered under this act. 8 (e) The applicant or licensee has entered into or is about 9 to enter into a contract or agreement with a manufacturer or dis- 10 tributor of vehicles of a type required to be registered under 11 this act, whichTHAT is contrary to any provision of this 12 act. 13 (f) The applicant or licensee has no established place of 14 businesswhichTHAT is used or will be used forthe purpose15ofselling, displaying, and offering for sale or dealing in 16 vehicles of a type required to be registered, and does not have 17 proper servicing facilities. 18 (g) The applicant or licensee is a corporation or partner- 19 ship,and a stockholder, officer, director, or partner of the 20 applicant or licensee has been guilty of any act or omission that 21 would be cause for refusing, revoking, or suspending a license 22 issued to the stockholder, officer, director, or partner as an 23 individual. 24 (h) The applicant or licensee has possessed a vehicle or a 25 vehicle partthat has beenconfiscated under section 415 of the 26 Michigan penal code,Act No. 328 of the Public Acts of 1931, as27amended, being section 750.415 of the Michigan Compiled Laws00595'99 b 4 1 1931 PA 328, MCL 750.415. The secretary of state shall conduct a 2 hearing pursuant to the administrative procedures act of 1969, 3Act No. 306 of the Public Acts of 1969, as amended, being sec-4tions 24.201 to 24.328 of the Michigan Compiled Laws1969 5 PA 306, MCL 24.201 TO 24.328, beforethe secretary of state6takesTAKING any action under this subdivision. 7 (i) The applicant or licensee has been convictedunderOF 8 A VIOLATION OF section 413, 415, 535, 535A, OR 535C ofAct9No. 328 of the Public Acts of 1931, as amendedTHE MICHIGAN 10 PENAL CODE, 1931 PA 328, MCL 750.413, 750.415, 750.535, 750.535A, 11 AND 750.535C, OR A LOCAL ORDINANCE OR A LAW OF ANOTHER STATE SUB- 12 STANTIALLY CORRESPONDING TO ANY OF THOSE SECTIONS. 13 (j) The applicant or licensee has been convicted of violat- 14 ingAct No. 119 of the Public Acts of 1986, being sections15257.1351 to 257.1355 of the Michigan Compiled Laws1986 PA 119, 16 MCL 257.1351 TO 257.1355. 17 Sec. 249a. (1) The secretary of state may deny the applica- 18 tion of a person for a license as an automotive recycler, a used 19 or secondhand vehicle parts dealer, a vehicle scrap metal proces- 20 sor, or a foreign salvage vehicle dealer and refuse that person a 21 license as an automotive recycler, a used or secondhand vehicle 22 parts dealer, a vehicle scrap metal processor, or a foreign sal- 23 vage vehicle dealer, or may suspend or revoke a license already 24 issued, if the secretary of state finds that 1 or more of the 25 following apply: 26 (a) The applicant or licensee has made a false statement of 27 a material fact in his or her application. 00595'99 b 5 1 (b) The applicant or licensee has not complied with this act 2 or a rule promulgated under this chapter. 3 (c) The applicant or licensee has been convicted of violat- 4 ingAct No. 119 of the Public Acts of 1986, being sections5257.1351 to 257.1355 of the Michigan Compiled Laws1986 PA 119, 6 MCL 257.1351 TO 257.1355. 7 (d)If theTHE applicant or licensee is a foreign salvage 8 vehicle dealer,WHO has had his or her dealer license in 9 another state expire,or has had his or her dealer license in 10 another state revoked, suspended, or canceled. 11 (e)If theTHE applicant or licensee is an automotive 12 recycler, a used or secondhand vehicle parts dealer, or a foreign 13 salvage vehicle dealerandWHO has no established place of 14 business used for the purpose of selling, displaying, or offering 15 for sale used or secondhand vehicle parts,ordoes not have a 16 vehicle dismantling facility, or does not have evidence of 17 worker's compensation insurance coverage for employees classified 18 under the standard industrial classification number 4015, enti- 19 tled "motor vehicle parts--used" or under the national council on 20 compensation insurance code number 3821, entitled "automobile 21 dismantling", if applicable. 22 (2) The secretary of state shall deny the application of a 23 person for a license as an automotive recycler, a used or second- 24 hand vehicle parts dealer, a vehicle scrap metal processor, or a 25 foreign salvage vehicle dealer and refuse that person a license 26 as an automotive recycler, a used or secondhand vehicle parts 27 dealer, a vehicle scrap metal processor, or a foreign salvage 00595'99 b 6 1 vehicle dealer, or shall suspend or revoke a license already 2 issued, if the secretary of state finds that 1 or more of the 3 following apply: 4 (a) The applicant or licensee has been guilty of a fraudu- 5 lent act in connection with selling or otherwise dealing in major 6 component parts or vehicles of a type required to be registered 7 under this act. 8 (b) The applicant or licensee has possessed a vehicle or a 9 vehicle partwhich has beenconfiscated under section 415 of 10 the Michigan penal code,Act No. 328 of the Public Acts of 1931,11being section 750.415 of the Michigan Compiled Laws1931 PA 328, 12 MCL 750.415. The secretary of state shall conduct a hearing pur- 13 suant to the administrative procedures act of 1969,Act No. 30614of the Public Acts of 1969, being sections 24.201 to 24.328 of15the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 24.328, 16 beforethe secretary of state takesTAKING any action under 17 this subdivision. 18 (c) The applicant or licensee has been convictedunderOF 19 A VIOLATION OF section 413, 415, 535, 535a, or536a535C of 20Act No. 328 of the Public Acts of 1931, being sections 750.413,21750.415, 750.535, 750.535a, and 750.536a of the Michigan Compiled22Laws, or has been convicted in a foreignTHE MICHIGAN PENAL 23 CODE, 1931 PA 328, MCL 750.413, 750.415, 750.535, 750.535A, AND 24 750.535C, OR A LOCAL ORDINANCE OR A LAW OF ANOTHER stateof a25law or a local ordinancesubstantially corresponding to section 26 413, 415, 535, 535a, or536a535C ofAct No. 328 of the Public27Acts of 1931THAT ACT. 00595'99 b 7 1 (d) The applicant or licensee is a corporation or 2 partnership,and a stockholder, officer, director, or partner 3 of the applicant or licensee has been guilty of any act or omis- 4 sion that would be cause for refusing, revoking, or suspending a 5 license issued to the stockholder, officer, director, or partner 6 as an individual. 7 (e)Effective July 1, 1994, theTHE applicant or licensee 8 has removed a scrap vehicle from this state for the purpose of 9 rebuilding it or has sold or transferred the vehicle as a unit 10 for purposes of rebuilding it. 11 Sec. 254. (1)Any person who shall knowingly make anyA 12 PERSON WHO DOES ANY OF THE FOLLOWING IS GUILTY OF A FELONY PUN- 13 ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF 14 NOT MORE THAN $20,000.00, OR BOTH: 15 (A) KNOWINGLY MAKES A false statement of a material fact,16eitherin his or her application for the certificate of title 17 required by this act,or inanyAN assignment of that title. 18, or who, with intent to procure or pass title to19 (B) RECEIVES OR TRANSFERS POSSESSION OF a motor vehicle 20whichhe or she knows or has reason to believe has been stolen, 21shall receive or transfer possession of the sameOR HAS 1 OR 22 MORE MAJOR COMPONENT PARTS THAT HAVE BEEN STOLEN, from or to 23 another, or who shall havePERSON WITH INTENT TO PROCURE OR 24 PASS TITLE TO THE MOTOR VEHICLE. 25 (2) A PERSON WHO HAS in his or her possession any vehicle 26whichhe or she knows or has reason to believe has been stolen 27, and who is not an officer of the law engaged at the time in00595'99 b 8 1the performance of his or her duty as such officer,is guilty of 2 a felony,punishable bya fine of not more than $5,000.00, or3byimprisonment for not more than 10 years OR A FINE OF NOT MORE 4 THAN $20,000.00, or both. 5 (3) THIS SECTION DOES NOT APPLY TO A PEACE OFFICER PERFORM- 6 ING HIS OR HER DUTIES AS A PEACE OFFICER AT THE TIME OF A VIOLA- 7 TION OF THIS SECTION. 8 (4) Thisprovision shallSECTION DOES notbe exclusive of9any other penalties prescribed byPROHIBIT THE PROSECUTION OF A 10 PERSON UNDER any OTHER law for the larcenyof theOR unautho- 11 rized taking of a vehicle OR MAJOR COMPONENT PART. 12 SEC. 254A. (1) A PERSON WHO KNOWINGLY AND WITH THE INTENT 13 TO MISLEAD ANOTHER PERSON AS TO THE IDENTIFY OF A MOTOR VEHICLE 14 SELLS, GIVES, OR EXCHANGES A MOTOR VEHICLE CERTIFICATE OF TITLE 15 OR IDENTIFYING MARKER WITHOUT ALSO SELLING, GIVING, OR EXCHANGING 16 THE MOTOR VEHICLE FOR WHICH THE TITLE WAS ISSUED OR TO WHICH THE 17 IDENTIFYING MARKER RELATES IS GUILTY OF A FELONY PUNISHABLE BY 18 IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN 19 $20,000.00, OR BOTH. 20 (2) A PERSON WHO WITH THE INTENT TO MISLEAD ANOTHER PERSON 21 AS TO THE IDENTITY OF A MOTOR VEHICLE BUYS, RECEIVES, OR POS- 22 SESSES A MOTOR VEHICLE CERTIFICATE OF TITLE OR IDENTIFYING MARKER 23 THAT BELONGS TO ANOTHER VEHICLE IS GUILTY OF A FELONY PUNISHABLE 24 BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE 25 THAN $20,000.00, OR BOTH. 26 (3) A PERSON WHO WITHOUT INTENT TO MISLEAD ANOTHER PERSON AS 27 TO THE IDENTITY OF A MOTOR VEHICLE BUYS, RECEIVES, OR POSSESSES A 00595'99 b 9 1 MOTOR VEHICLE CERTIFICATE OF TITLE OR IDENTIFYING MARKER THAT 2 BELONGS TO ANOTHER VEHICLE IS GUILTY OF A MISDEMEANOR PUNISHABLE 3 BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE 4 THAN $100.00, OR BOTH. 5 (4) A PERSON WHO KNOWINGLY MAKES OR PRESENTS A FALSE, 6 FORGED, OR ALTERED DOCUMENT TO OBTAIN A MOTOR VEHICLE CERTIFICATE 7 OF TITLE FROM THE SECRETARY OF STATE IS GUILTY OF A FELONY PUN- 8 ISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF 9 NOT MORE THAN $20,000.00, OR BOTH. 10 (5) THIS SECTION DOES NOT PROHIBIT THE PROSECUTION OF A 11 PERSON UNDER ANY OTHER LAW FOR THE LARCENY OR THE UNAUTHORIZED 12 TAKING OF A MOTOR VEHICLE OR MAJOR COMPONENT PART. 13 (6) AS USED IN THIS SECTION: 14 (A) "IDENTIFYING MARKER" MEANS A VEHICLE IDENTIFICATION 15 NUMBER, FEDERAL SAFETY STICKER, ENGINE NUMBER, TRANSMISSION 16 NUMBER, BODY TAG, OR COMPONENT PART NUMBER OR AN IDENTITY PLATE 17 OR STICKER THAT IS STAMPED OR OTHERWISE MARKED WITH THE VEHICLE 18 IDENTIFICATION NUMBER OR VEHICLE IDENTIFICATION NUMBER 19 DERIVATIVE. 20 (B) "VEHICLE IDENTIFICATION NUMBER" MEANS AN IDENTIFICATION 21 NUMBER ASSIGNED TO A VEHICLE BY THE MANUFACTURER, A SPECIAL IDEN- 22 TIFYING NUMBER ASSIGNED TO A VEHICLE BY THE SECRETARY OF STATE 23 UNDER SECTION 230, OR A NUMBER THAT IS UNIQUE TO AND IDENTIFIES 1 24 OR MORE VEHICLE THROUGH A CROSS-REFERENCE PROCEDURE WITH THE MAN- 25 UFACTURER OR THE NATIONAL INSURANCE CRIME BUREAU OR A SUCCESSOR 26 ORGANIZATION. 00595'99 b 10 1 (C) "VEHICLE IDENTIFICATION NUMBER DERIVATIVE" MEANS A PART 2 OF THE VEHICLE IDENTIFICATION NUMBER THAT IS UNIQUE IN ITSELF BUT 3 IS ALPHABETICALLY OR NUMERICALLY IDENTIFIABLE TO THE VEHICLE 4 IDENTIFICATION NUMBER. 5 Sec. 732. (1) Each municipal judge and each clerk of a 6 court of record shall keep a full record of every case in which a 7 person is charged with or cited for a violation of this act or a 8 local ordinance substantially corresponding to this act regulat- 9 ing the operation of vehicles on highways. Except as provided in 10 subsection (15), the municipal judge or clerk of the court of 11 record shall prepare and forward to the secretary of state an 12 abstract of the court record as follows: 13 (a) Within 14 days after a conviction, forfeiture of bail, 14 or entry of a civil infraction determination or default judgment 15 upon a charge of or citation for violating or attempting to vio- 16 late this act or a local ordinance substantially corresponding to 17 this act regulating the operation of vehicles on highways. 18 (b) Immediately for each case charging a violation of 19 section 625(1), (3), (4), (5), (6), or (7) or section 625m or a 20 local ordinance substantially corresponding to section 625(1), 21 (3), or (6) or section 625m in which the charge is dismissed or 22 the defendant is acquitted. 23 (2) If a city or village department, bureau, or person is 24 authorized to accept a payment of money as a settlement for a 25 violation of a local ordinance substantially corresponding to 26 this act, the city or village department, bureau, or person shall 27 send a full report of each case in which a person pays any amount 00595'99 b 11 1 of money to the city or village department, bureau, or person to 2 the secretary of state upon a form prescribed by the secretary of 3 state. 4 (3) The abstract or report required under this section shall 5 be made upon a form furnished by the secretary of state. An 6 abstract shall be certified by signature, stamp, or facsimile 7 signature of the person required to prepare the abstract as 8 correct. An abstract or report shall include all of the 9 following: 10 (a) The name, address, and date of birth of the person 11 charged or cited. 12 (b) The number of the person's operator's or chauffeur's 13 license, if any. 14 (c) The date and nature of the violation. 15 (d) The type of vehicle driven at the time of the violation 16 and, if the vehicle is a commercial motor vehicle, that vehicle's 17 group designation and indorsement classification. 18 (e) The date of the conviction, finding, forfeiture, judg- 19 ment, or civil infraction determination. 20 (f) Whether bail was forfeited. 21 (g) Any license restriction, suspension, or denial ordered 22 by the court as provided by law. 23 (h) The vehicle identification number and registration plate 24 number of all vehicles that are ordered immobilized or 25 forfeited. 26 (i) Other information considered necessary to the secretary 27 of state. 00595'99 b 12 1 (4) The clerk of the court also shall forward an abstract of 2 the court record to the secretary of state upon a person's con- 3 viction involving any of the following: 4 (a) A violation of section 413, 414,or415, 479a, 535, 5 535A, OR 535C of the Michigan penal code, 1931 PA 328, 6 MCL 750.413, 750.414,and750.415, 750.479a, 750.535, 750.535A, 7 AND 750.535C. 8 (b) A violation of section 1 of 1931 PA 214, MCL 752.191. 9 (c) Negligent homicide, manslaughter, or murder resulting 10 from the operation of a vehicle. 11 (d) A violation of section 703 of the Michigan liquor con- 12 trol code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance 13 substantially corresponding to that section. 14 (e) An attempt to violate, a conspiracy to violate, or a 15 violation of part 74 or section 17766a of the public health code, 16 1978 PA 368, MCL 333.7401 to 333.7461 and 333.17766a, or a local 17 ordinance that prohibits conduct prohibited under part 74 or sec- 18 tion 17766a of the public health code, 1978 PA 368, MCL 333.7401 19 to 333.7461 and 333.17766a, unless the convicted person is sen- 20 tenced to life imprisonment or a minimum term of imprisonment 21 that exceeds 1 year for the offense. 22 (f) An attempt to commit an offense described in subdivi- 23 sions (a) to (d). 24 (5) As used in subsections (6) to (8), "felony in which a 25 motor vehicle was used" means a felony during the commission of 26 which the person operated a motor vehicle and while operating the 00595'99 b 13 1 vehicle presented real or potential harm to persons or property 2 and 1 or more of the following circumstances existed: 3 (a) The vehicle was used as an instrument of the felony. 4 (b) The vehicle was used to transport a victim of the 5 felony. 6 (c) The vehicle was used to flee the scene of the felony. 7 (d) The vehicle was necessary for the commission of the 8 felony. 9 (6) If a person is charged with a felony in which a motor 10 vehicle was used, other than a felony specified in subsection (4) 11 or section 319, the prosecuting attorney shall include the fol- 12 lowing statement on the complaint and information filed in dis- 13 trict or circuit court: 14 "You are charged with the commission of a felony in which a 15 motor vehicle was used. If you are convicted and the judge finds 16 that the conviction is for a felony in which a motor vehicle was 17 used, as defined in section 319 of the Michigan vehicle code, 18 1949 PA 300, MCL 257.319, your driver's license shall be sus- 19 pended by the secretary of state.". 20 (7) If a juvenile is accused of an act, the nature of which 21 constitutes a felony in which a motor vehicle was used, other 22 than a felony specified in subsection (4) or section 319, the 23 prosecuting attorney or family division of circuit court shall 24 include the following statement on the petition filed in the 25 court: 26 "You are accused of an act the nature of which constitutes a 27 felony in which a motor vehicle was used. If the accusation is 00595'99 b 14 1 found to be true and the judge or referee finds that the nature 2 of the act constitutes a felony in which a motor vehicle was 3 used, as defined in section 319 of the Michigan vehicle code, 4 1949 PA 300, MCL 257.319, your driver's license shall be sus- 5 pended by the secretary of state.". 6 (8) If the court determines as part of the sentence or dis- 7 position that the felony for which the person was convicted or 8 adjudicated and with respect to which notice was given under sub- 9 section (6) or (7) is a felony in which a motor vehicle was used, 10 the clerk of the court shall forward an abstract of the court 11 record of that conviction to the secretary of state. 12 (9) As used in subsections (10) and (11), "felony in which a 13 commercial motor vehicle was used" means a felony during the com- 14 mission of which the person operated a commercial motor vehicle 15 and while the person was operating the vehicle 1 or more of the 16 following circumstances existed: 17 (a) The vehicle was used as an instrument of the felony. 18 (b) The vehicle was used to transport a victim of the 19 felony. 20 (c) The vehicle was used to flee the scene of the felony. 21 (d) The vehicle was necessary for the commission of the 22 felony. 23 (10) If a person is charged with a felony in which a commer- 24 cial motor vehicle was used and for which a vehicle group desig- 25 nation on a license is subject to suspension or revocation under 26 section 319b(1)(c)(iii), 319b(1)(d),or 319b(1)(e)(v)27 319B(1)(E)(iii), or(viii)319B(1)(F)(i), the prosecuting 00595'99 b 15 1 attorney shall include the following statement on the complaint 2 and information filed in district or circuit court: 3 "You are charged with the commission of a felony in which a 4 commercial motor vehicle was used. If you are convicted and the 5 judge finds that the conviction is for a felony in which a com- 6 mercial motor vehicle was used, as defined in section 319b of the 7 Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle 8 group designations on your driver's license shall be suspended or 9 revoked by the secretary of state.". 10 (11) If the judge determines as part of the sentence that 11 the felony for which the defendant was convicted and with respect 12 to which notice was given under subsection (10) is a felony in 13 which a commercial motor vehicle was used, the clerk of the court 14 shall forward an abstract of the court record of that conviction 15 to the secretary of state. 16 (12) Every person required to forward abstracts to the sec- 17 retary of state under this section shall certify for the period 18 from January 1 through June 30 and for the period from July 1 19 through December 31 that all abstracts required to be forwarded 20 during the period have been forwarded. The certification shall 21 be filed with the secretary of state not later than 28 days after 22 the end of the period covered by the certification. The certifi- 23 cation shall be made upon a form furnished by the secretary of 24 state and shall include all of the following: 25 (a) The name and title of the person required to forward 26 abstracts. 00595'99 b 16 1 (b) The court for which the certification is filed. 2 (c) The time period covered by the certification. 3 (d) The following statement: 4 "I certify that all abstracts required by section 732 of the 5 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period 6 __________ through __________ have been forwarded to the secre- 7 tary of state.". 8 (e) Other information the secretary of state considers 9 necessary. 10 (f) The signature of the person required to forward 11 abstracts. 12 (13) The failure, refusal, or neglect of a person to comply 13 with this section constitutes misconduct in office and is grounds 14 for removal from office. 15 (14) Except as provided in subsection (15), the secretary of 16 state shall keep all abstracts received under this section at the 17 secretary of state's main office and the abstracts shall be open 18 for public inspection during the office's usual business hours. 19 Each abstract shall be entered upon the master driving record of 20 the person to whom it pertains. 21 (15) Except for controlled substance offenses described in 22 subsection (4), the court shall not submit, and the secretary of 23 state shall discard and not enter on the master driving record, 24 an abstract for a conviction or civil infraction determination 25 for any of the following violations: 26 (a) The parking or standing of a vehicle. 00595'99 b 17 1 (b) A nonmoving violation that is not the basis for the 2 secretary of state's suspension, revocation, or denial of an 3 operator's or chauffeur's license. 4 (c) A violation of chapter II that is not the basis for the 5 secretary of state's suspension, revocation, or denial of an 6 operator's or chauffeur's license. 7 (d) A pedestrian, passenger, or bicycle violation, other 8 than a violation of section 703(1) or (2) of the Michigan liquor 9 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi- 10 nance substantially corresponding to section 703(1) or (2) of the 11 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, 12 or section 624a or 624b or a local ordinance substantially corre- 13 sponding to section 624a or 624b. 14 (e) A violation of section 710e or a local ordinance sub- 15 stantially corresponding to section 710e. 16 (16) The secretary of state shall discard and not enter on 17 the master driving record an abstract for a bond forfeiture that 18 occurred outside this state. However, the secretary of state 19 shall retain and enter on the master driving record an abstract 20 of an out-of-state bond forfeiture for an offense that occurred 21 after January 1, 1990 in connection with the operation of a com- 22 mercial motor vehicle. 23 (17) The secretary of state shall inform the courts of this 24 state of the nonmoving violations and violations of chapter II 25 that are used by the secretary of state as the basis for the sus- 26 pension, restriction, revocation, or denial of an operator's or 27 chauffeur's license. 00595'99 b 18 1 (18) If a conviction or civil infraction determination is 2 reversed upon appeal, the person whose conviction or determina- 3 tion has been reversed may serve on the secretary of state a cer- 4 tified copy of the order of reversal. The secretary of state 5 shall enter the order in the proper book or index in connection 6 with the record of the conviction or civil infraction 7 determination. 8 (19) The secretary of state may permit a city or village 9 department, bureau, person, or court to modify the requirement as 10 to the time and manner of reporting a conviction, civil infrac- 11 tion determination, or settlement to the secretary of state if 12 the modification will increase the economy and efficiency of col- 13 lecting and utilizing the records. If the permitted abstract of 14 court record reporting a conviction, civil infraction determina- 15 tion, or settlement originates as a part of the written notice to 16 appear, authorized in section 728(1) or 742(1), the form of the 17 written notice and report shall be as prescribed by the secretary 18 of state. 19 (20) Except as provided in this act and notwithstanding any 20 other provision of law, a court shall not order expunction of any 21 violation reportable to the secretary of state under this 22 section. 23 Enacting section 1. This amendatory act takes effect 24 January 1, 2000. 25 Enacting section 2. This amendatory act does not take 26 effect unless all of the following bills of the 90th Legislature 27 are enacted into law: 00595'99 b 19 1 (a) Senate Bill No. _______ or House Bill No. _______ 2 (request no. 00595'99). 3 (b) Senate Bill No. _______ or House Bill No. _______ 4 (request no. 00595'99 a). 00595'99 b Final page. JOJ