2023 House Bill 5150

House Fiscal Agency Analysis

The bill would amend the Michigan Vehicle Code to allow the Secretary of State to destroy records regarding certain offenses after those records have been maintained for five years. The Secretary of State could destroy Department of State records regarding any of the following offenses after those records had been maintained for five years: • The following offenses for which no points are entered on the driver’s record: o Driving 1 to 5 miles an hour over the speed limit on a limited access freeway (except in a work zone, in which case points are assessed and the records of the offense would not fall under these provisions of the bill). o Driving a commercial vehicle with a blood alcohol content of 0.04% to 0.08%. o Failure to produce proof of insurance. o Driving without license or graduated license card in immediate possession. o Failure to wear a seatbelt as required. o Failure to use a child safety seat or child restraint system as required. o Failure to wear a crash helmet as required. o Riding with too many people on a bicycle, motorcycle, personal assistive mobility device, or electric skateboard. o Improperly riding a bicycle or operating a motorcycle or moped. o Riding an electric skateboard in the street when under 12. o On a level 1 or level 2 graduated license, using a cell phone while driving. o Driving a vehicle that is too wide, too tall, or too long as specified in the code. o Improperly towing a mobile home or park model trailer. o Failure to have required information attached to a road service vehicle or towing or platform bed wrecker. o Bond forfeitures. o Overweight loads. o Defective equipment. o A conviction in another state for a violation that would be a civil infraction in Michigan resulting solely from the driver’s failure to appear to contest it. House Fiscal Agency HB 5150 (H-1) as reported Page 2 of 2 • The following offenses that have one or two points: o Driving 1 to 10 miles an hour over the speed limit. o Driving 6 to 15 miles an hour over the speed limit on a limited access freeway (except in a work zone, in which case more points are assessed and the records of the offense would not fall under these provisions of the bill). o Improperly holding or using a mobile device while driving (except for a first violation). o Driving with open alcohol. o Transporting or possessing alcohol when under 21. o Refusing to submit to a breathalyzer when under 21. o On a level 1 graduated license, driving without a parent or other adult in the vehicle. o On a level 2 graduated license, improperly driving at night or with two or more passengers who are under 21. o Failure to slow and, if possible, move over a lane when passing a stationary emergency vehicle. o Any offense for which points would be assigned but specific point values have not been designated. • The following offenses that have three points: o Driving 11 to 15 miles an hour over the speed limit. o Disobeying a traffic signal or stop sign. o Improperly passing.