HB-5503, As Passed House, December 8, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 5503

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 321c (MCL 257.321c), as added by 1996 PA 240.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 321c. (1) The If a friend of the court notifies the

secretary of state shall comply with a suspension order issued that

a licensee has failed to appear for a hearing, comply with a

repayment plan order, or respond to a license suspension notice

under the support and parenting time enforcement act, Act No. 295

of the Public Acts of 1982, being sections 552.601 to 552.650 of

the Michigan Compiled Laws 1982 PA 295, MCL 552.601 to 552.650, and

the secretary of state shall immediately suspend the operator's or

chauffeur's license of a the licensee within 7 business days after

receipt and shall notify the licensee of the suspension order by

first-class mail.

     (2) Upon being informed of a suspension If a person's license

is suspended under subsection (1), the secretary of state shall not

issue a license to a the person whose if the person's license is

already suspended, revoked, or denied or who if the person does not

have a license to suspend until the person is in compliance with

subsection (3) and other provisions of this act.

     (3) An order rescinding a suspension order issued under Act

No. 295 of the Public Acts of 1982 is effective upon its entry by

the court and payment by the licensee of the reinstatement fee

provided by section 320e, and, unless the license is otherwise

suspended, revoked, or invalid, the license is immediately

reinstated and valid. The secretary of state shall reissue the

operator's or chauffeur's license of a licensee whose suspension

order is rescinded within 7 business days after receipt of an order

rescinding the suspension order and payment of the reinstatement

fee provided by section 320e.

     (3) A suspension imposed under subsection (1) or (2) remains

in effect until all of the following occur:

     (a) The person obtains a certificate from the friend of the

court showing that the person is complying with the custody,

parenting time, or support order, and provides that certificate to

the secretary of state within 10 days after the date of issuance

noted on the certificate.

     (b) The person pays to the circuit court clerk a $45.00 driver

license clearance fee.

     (c) The person pays the reinstatement fee imposed under

section 320e.

     (4) Unless a person's license is otherwise suspended, revoked,

denied, or canceled, the license is immediately reinstated on

satisfaction of the requirements of subsection (3). The secretary

of state shall reissue the operator's or chauffeur's license of a

person whose suspension is rescinded under subsection (3) within 30

days after receipt of the certificate obtained under subsection

(3)(a), evidence of the payment of the fee under subsection (3)(b),

and the fee imposed under section 320e.

     (5) If a person provides a copy of a certificate obtained

under subsection (3) to the secretary of state more than 10 days

after the date of issuance noted on the certificate, the

certificate is no longer valid, and the secretary of state shall

not reinstate the person's license. A person who fails to provide a

copy of the certificate to the secretary of state within 10 days

after the date of issuance shall obtain another certificate from

the friend of the court and satisfy the requirements of subsection

(3) before the secretary of state shall reinstate that person's

license.

     (6) For each fee received under subsection (3)(b), the clerk

shall transmit the following amounts on a monthly basis:

     (a) Fifteen dollars to the secretary of state. The secretary

of state shall deposit money received under this subdivision in the

general fund. The money shall be expended to defray the expenses of

the secretary of state in processing the suspension and

reinstatement of driver licenses under this section.

     (b) Thirty dollars to the treasurer of the county. The

treasurer shall deposit money received under this subdivision in

the county friend of the court fund created in section 2530 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.2530.

     Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 100 of the 95th Legislature is enacted into

law.