Bill Text: MI HB5042 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Traffic control; other; driver responsibility fees; eliminate December 31, 2015 deadline for completion of form notifying department of treasury of individual's intent to perform community service. Amends sec. 732b of 1949 PA 300 (MCL 257.732b).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-12 - Reassigned To Committee On Government Operations [HB5042 Detail]
Download: Michigan-2017-HB5042-Engrossed.html
HB-5042, As Passed House, November 2, 2017
SUBSTITUTE FOR
HOUSE BILL NO. 5042
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
Subject to section 732a(11), community service under this
subsection shall 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 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 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 must 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 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.
