FELONIOUS DRIVING - H.B. 4924 (S-1) & 4925 (S-1): FLOOR ANALYSIS



House Bills 4924 and 4925 (Substitutes S-1 as reported by the Committee of the Whole)

Sponsor: Representative Ruth Johnson

House Committee: Criminal Justice

Senate Committee: Judiciary


CONTENT


House Bills 4924 (S-1) and 4925 (S-1) would amend, respectively, the Insurance Code and the Natural Resources and Environmental Protection Act (NREPA) to refer to felonious driving under the Michigan Vehicle Code (as proposed by House Bill 4813), rather than under Public Act 214 of 1931. House Bill 4925 (S-1) also would establish the duration of certain orders not to operate a snowmobile. The bills would take effect on February 1, 2002, and are tie-barred to House Bill 4813.


The Insurance Code's definition of "eligible person" for automobile insurance excludes a person who, during the immediately preceding three-year period, has been convicted of, or who has been subject to a juvenile court disposition for, felonious driving under Public Act 214 of 1931. House Bill 4924 (S-1) would refer, instead, to felonious driving under the Michigan Vehicle Code.


Under the NREPA, if a court has not ordered a person not to operate a snowmobile for certain violations, the Secretary of State must issue such an order. One of the violations listed in that provision is felonious driving under Public Act 214 of 1931. House Bill 4925 (S-1) would refer instead to felonious driving under the Michigan Vehicle Code.


The bill also specifies that an order not to operate a snowmobile for a conviction of felonious driving, negligent homicide, auto theft, or unauthorized use of a vehicle but without intent to steal, would have to be for one year.


In addition, the NREPA requires the Secretary of State to issue an order not to operate a snowmobile for not less than 90 days or more than one year for a conviction of operating a snowmobile while impaired by alcohol and/or a controlled substance. Under the bill, that order would have to be for 90 days. The NREPA also requires the Secretary of State to issue an order not to operate a snowmobile for not less than six months or more than two years for any of several combinations of convictions for operating a snowmobile while under the influence or impaired. Under the bill, that order would have to be for six months.


MCL 500.2103 (H.B. 4924) - Legislative Analyst: P. Affholter

324.82147 (H.B. 4925)


FISCAL IMPACT


Please see FISCAL IMPACT on Senate Bill 675 (S-1).


Date Completed: 10-10-01 - Fiscal Analyst: B. Wicksall

- J. Runnels



floor\hb4924 - Analysis available @ http://www.michiganlegislature.org

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.