SB-1241, As Passed Senate, November 29, 2006

SUBSTITUTE FOR

SENATE BILL NO. 1241

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 208 (MCL 257.208), as amended by 2004 PA 362.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 208. (1) Except as otherwise specified in this section,

the secretary of state may destroy any department records

maintained on file for 7 years, including the information contained

in the central file maintained under section 204a.

     (2) Except as otherwise provided in this section, records of

convictions of any offense for which points are provided under

section 320a(1)(a), (b), (c), or (g) or section 320a(8) may be

destroyed after being maintained on file for 10 years. However, if

a person is convicted of violating section 625, the record of that

conviction shall be maintained for the life of the person.

     (3) If a person who is a commercial license holder or a

noncommercial license holder who operates a commercial motor

vehicle is convicted  , under a law of this state, a local

ordinance substantially corresponding to a law of this state, or a

law of another state substantially corresponding to a law of this

state  , of any of the following violations, the record of that

conviction shall be maintained for the life of the person or until

the person moves to another jurisdiction:

     (a) Operating a vehicle in violation of section 625.

     (b) Operating a commercial motor vehicle in violation of

section 625m.

     (c) Leaving the scene of an accident.

     (d) Using a vehicle to commit a felony.

     (e) Refusing to take an alcohol or controlled substance test

required under this act.

     (f) Operating a commercial motor vehicle when the person's

operator's or chauffeur's license or vehicle group designation is

suspended, revoked, or canceled as a result of prior violations

committed while operating a commercial motor vehicle.

     (g) Operating a commercial motor vehicle when the person is

disqualified from operating a commercial motor vehicle.

     (h) Causing any fatality through the negligent operation of a

commercial motor vehicle.

     (4) Records of stolen vehicles reported in section 253 may be

destroyed after being maintained on file for the year of entry plus

4 years.

     (5) Except as otherwise specified in this act, records the

secretary of state considers obsolete and of no further service in

carrying out the department's powers and duties may be destroyed

upon that determination.

     (6) If a record of suspension under section 321a does not

contain a conviction for a violation of section 904 or a local

ordinance substantially corresponding to section 904 during the

period of suspension, the secretary of state may destroy the record

180 days after the suspension terminates or as provided in

subsections (1) to (5).

     (7) The secretary of state may destroy a record of receipt of

the notice provided for in section 321a(7) after the court involved

informs the secretary of state that all outstanding matters

regarding section 321a(7) have been resolved.

     (8) The secretary of state may destroy a record maintained

pursuant to section 204a 180 days after the nonresident driver

against whom a civil infraction determination is entered complies

with an order or judgment issued pursuant to section 907.

     Enacting section 1.  This amendatory act takes effect October

31, 2010.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 6009 of the 93rd Legislature is enacted into

law.