S.B. 989-991: COMMITTEE SUMMARY - DRUNK DRIVING SANCTIONS

Senate Bills 989, 990, and 991 (as introduced 3-3-98)

Sponsor: Senator William Van Regenmorter (Senate Bill 989)

Senator Bill Bullard, Jr. (Senate Bill 990)

Senator Robert Geake (Senate Bill 991)

Committee: Judiciary

Date Completed: 3-9-98

CONTENT

The bills would amend various acts to delete provisions requiring driver's license sanctions for certain alcohol-related offenses. The bills would require that sanctions be imposed as provided in Section 319 of the Michigan Vehicle Code (which Senate Bill 627 would amend) or in Section 303 of the Code (which Senate Bill 953 would amend).

The bills would take effect May 1, 1998. They are tie-barred to each other and to Senate Bills 268, 269, 271, 625, 626, 627, 870, and 953.

Senate Bill 989

The bill would amend provisions of the Michigan Liquor Control Act that prohibit a person under 21 from purchasing, consuming, or possessing, or attempting to purchase, consume, or possess alcoholic liquor, or using fraudulent identification to purchase liquor, and prohibit a person from furnishing fraudulent identification to an individual under 21. Instead of the current license sanctions, the bill would require the Secretary of State to suspend the driver's license of an individual convicted of one of these offenses as provided in Section 319 of the Michigan Vehicle Code.

Senate Bill 990

The bill would amend provisions of the Michigan Penal Code that require driver's license suspension for stealing motor vehicle fuel by pumping the fuel into a motor vehicle; damaging or destroying another person's tree, grass, plant, or soil with a vehicle; or fleeing and eluding. The bill would require suspension as provided in Section 319 of the Michigan Vehicle Code.

The Penal Code also requires license revocation for first- or second-degree fleeing and eluding. The bill would require revocation as provided in Section 303 of the Michigan Vehicle Code.

Senate Bill 991

The bill would amend Public Act 214 of 1931, which defines the offense of felonious driving, to require the Secretary of State to suspend the driver's license of a person convicted under the Act as provided in Section 319 of the Michigan Vehicle Code. Currently, the Secretary of State must suspend the license of a convicted person upon the recommendation of the court imposing sentence.

MCL 436.33b (S.B. 989) - Legislative Analyst: S. Lowe

750.367c et al. (S.B. 990)

752.192 (S.B. 991)

FISCAL IMPACT

Currently, there are no data available that indicate how many more people would fall under the purview of the new provisions in the tie-barred bills. The Department of State would incur additional administrative costs and technical programming expenses due to increased costs for administering these provisions. However, the fiscal impact on State and local government is indeterminate.

- Fiscal Analyst: E. Limbs

S9798\S989SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.