Bill Text: MI SB0214 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Traffic control; other; option of community service in lieu of payment of driver responsibility fees; allow in certain circumstances. Amends sec. 732b of 1949 PA 300 (MCL 257.732b).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-03-07 - Referred To Committee On Transportation [SB0214 Detail]

Download: Michigan-2017-SB0214-Introduced.html

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SENATE BILL No. 214

 

 

Introduced by Senator HOOD.

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 732b (MCL 257.732b), as added by 2014 PA 283.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 732b. (1) If an individual was assessed a driver

 

responsibility fee under section 732a(2)(c) or (d), the individual

 

may engage in 10 hours of community service as an alternative to

 

paying that fee or any unpaid portion of that fee. Community

 

service under this subsection shall must be completed within 45

 

days after the application to engage in community service is filed

 

with the department of treasury under subsection (3).

 

     (2) An individual may engage in community service under

 

subsection (1) by obtaining a community service form from the

 

secretary of state or the department of treasury. The department of

 

treasury shall mail to each individual who is required to pay a

 

driver responsibility fee under section 732a(2)(c) or (d) a 1-time-

 

only written notice of the option of completing community service

 

as an alternative to paying that driver responsibility fee. The

 

notice shall must include a statement that community service forms

 

for that purpose can be obtained from the department of state or

 

from the department of treasury. The notice shall must be sent to

 

the last known address of the individual as shown in the records of

 

the department of treasury. The secretary of state shall make

 

community service forms available to the public at all branch

 

offices and on the department's website for purposes of this

 

section and shall provide community service forms to the department

 

of treasury for purposes of this section.

 

     (3) If an individual chooses to engage in community service

 

under this section, the individual shall complete the community

 

service form obtained under subsection (2) and return the form to

 

the department of treasury in the manner prescribed by the

 

department of treasury. by December 31, 2015. Upon receiving a

 

properly completed community service form under this subsection,

 

the department of treasury shall inform the department of state

 

that the individual intends to complete community service under

 

this section as an alternative to paying a driver responsibility

 

fee or any portion of a driver responsibility fee. If the secretary

 

of state is notified by the department of treasury that the

 

individual has elected to complete community service under this

 

section as an alternative to paying the fee, that fee shall must be

 

held in abeyance for a period of 45 days. If the individual's

 

license is suspended for failing to pay the driver responsibility

fee or portion of the driver responsibility fee, the department of

 

state shall, upon payment of the reinstatement fee, reinstate the

 

individual's driver license.

 

     (4) An individual who engages in community service under this

 

section shall be allowed only 1 opportunity to complete the

 

community service alternative for each driver responsibility fee

 

owed. However, the department of treasury may allow an individual

 

to withdraw from that community service before the expiration of

 

the 45-day period for completing that community service for good

 

cause shown. If the individual is allowed to withdraw from

 

community service for good cause shown, that opportunity for

 

completing community service shall not be considered in the number

 

of opportunities to perform community service under this

 

subsection, but the individual is subject to the suspension of his

 

or her driving privileges under section 732a(5).

 

     (5) Upon completing community service under this section, the

 

individual may request the person with whom he or she engaged in

 

community service under this section to verify on the community

 

service form in the manner designated by the secretary of state

 

that he or she successfully completed that community service. Upon

 

verification, the individual may return the community service form

 

to the department of treasury for purposes of this section. Any

 

person who falsely verifies community service under this subsection

 

and any individual who falsely requests the verification of

 

community service under this section or who returns a community

 

service form to the department of treasury under this subsection

 

knowing that his or her community service is falsely verified is

responsible for a state civil infraction and may be fined not more

 

than $200.00.

 

     (6) The department of treasury shall waive the driver

 

responsibility fee or any portion of the driver responsibility fee

 

otherwise required to be paid under section 732a(2)(c) or (d) upon

 

receiving verification that the individual successfully completed

 

the community service requirements of this section. The department

 

of treasury shall notify the department of state when it has waived

 

the fee under this section or, if the fee is not waived under this

 

section, that the 45-day period has expired and the fee has not

 

been waived. If the secretary of state is notified by the

 

department of treasury that the fee has not been waived, the

 

department of state shall enter that information into the records

 

of the department and shall suspend the individual's driver license

 

and proceed as provided by law for the individual's failure to pay

 

the driver responsibility fee or to complete community service

 

under this section.

 

     (7) As used in this section, "community service" means

 

engaging in a useful and productive activity without compensation

 

for a person other than a family member, including, but not limited

 

to, an entity organized under section 501(c)(3) of the internal

 

revenue code, 26 USC 501, and community service offered through the

 

Michigan community service commission.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.